Florida Residential Lease Agreement
A lease that works in the State of Florida has to respect the Florida Residential Landlord and Tenant Act: no statutory ceiling on the security deposit, accounted for within 30 days of move-out, and no statutory ceiling on late fees. Below is every number that governs a Florida tenancy, with the statute it comes from.
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Florida rental law at a glance
Each row is the rule Landy applies when it builds a Florida lease. The citation is printed in the finished document too, so a tenant can check it.
| Rule | Florida | Citation |
|---|---|---|
| Security deposit limit | No statutory limitFlorida sets no statutory cap on the security deposit amount. | No statute on point |
| Deposit return deadline | 30 daysLandlord must return the deposit within 15 days if making no claim, or give written notice of a claim within 30 days. | Fla. Stat. § 83.49 |
| Interest on deposits | Not requiredInterest is required only if the landlord elects to hold the deposit in an interest-bearing account. | Fla. Stat. § 83.49 |
| Late fee limit | No statutory limitFlorida sets no statutory late-fee cap; the fee must be stated in the lease. | No statute on point |
| Grace period before rent is late | No statutory grace periodFlorida sets no statutory grace period for rent. | No statute on point |
| Notice to pay or quit | 3 daysTenant has 3 days, excluding Saturdays, Sundays, and legal holidays, to pay rent or vacate. | Fla. Stat. § 83.56(3) |
| Time to cure a lease violation | 7 daysTenant generally has 7 days to remedy a curable lease violation. | Fla. Stat. § 83.56(2) |
| Ending a month-to-month tenancy | 30 days' noticeEither party must give at least 30 days' written notice to end a month-to-month tenancy. | Fla. Stat. § 83.57 |
| Notice before landlord entry | 24 hoursLandlord must give at least 24 hours' notice before entering for repairs, except in an emergency. | Fla. Stat. § 83.53 |
Disclosures a Florida lease must carry
Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.
Lead-Based Paint Disclosure
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.
42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978
Radon Gas Disclosure
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.
Fla. Stat. § 404.056(5)
Security Deposit Holding Disclosure
Landlord discloses the manner in which the security deposit is held, the name and address of the depository institution, whether the deposit is held in an interest-bearing account, and the rate of interest if any.
Fla. Stat. § 83.49(2)
If things go wrong in Florida
Where eviction is filed
County Court, as an eviction.
Governing law
Florida Residential Landlord and Tenant Act, cited from the Florida Statutes.
Never self-help
Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.
Florida lease questions, answered
- How much can a landlord charge for a security deposit in Florida?
- Florida sets no statutory cap on the security deposit amount. The deposit must be accounted for within 30 days after the tenancy ends (Fla. Stat. § 83.49).
- Is there a limit on late fees in Florida?
- Florida sets no statutory late-fee cap; the fee must be stated in the lease.
- How much notice must a landlord give before entering a rental in Florida?
- Landlord must give at least 24 hours' notice before entering for repairs, except in an emergency. (Fla. Stat. § 83.53)
- How do you end a month-to-month tenancy in Florida?
- Either party must give at least 30 days' written notice to end a month-to-month tenancy. (Fla. Stat. § 83.57)
- What happens if a tenant does not pay rent in Florida?
- Tenant has 3 days, excluding Saturdays, Sundays, and legal holidays, to pay rent or vacate. (Fla. Stat. § 83.56(3)) The case is filed as an eviction in County Court. A landlord may never change the locks or remove a tenant's belongings without a court order.
- Does a residential lease have to be in writing in Florida?
- A written lease is not always legally required, but it is what makes the terms enforceable and provable. Florida tenancies are governed by the Florida Residential Landlord and Tenant Act, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to Florida with the statutory citations printed in it.
Build a Florida lease with these rules already in it.
Answer questions in plain English. Landy writes the Florida lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.
Lease laws in other states
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
This page summarizes Florida law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed Florida attorney review your lease before you rely on it.