Florida Landlord Tenant Law: What Renters Need to Know

Florida landlord tenant law, as of October 2026: deposit deadlines, repairs, 24-hour entry, 3-day notices, evictions and the 2023-2026 changes, by section.

Florida landlord-tenant law for apartment renters is Part II of chapter 83 of the Florida Statutes, the Florida Residential Landlord and Tenant Act (sections 83.40 to 83.684). As of October 2026, it sets deposit deadlines, repair duties, 24-hour notice before repair visits, 3-day and 7-day notices and court-only evictions, and it overrides local tenant ordinances.

This guide covers the rules renters run into most, section by section, with the key deadlines and the 2023-2026 changes in two tables. Part II is state law, so it applies the same way in Miami-Dade, Broward, Palm Beach and the rest of Florida. We read the current text, the 2026 Florida Statutes, on the Florida Legislature's website on October 13, 2026. For the whole renting process, see our complete guide to renting in Miami and South Florida.

Does Florida landlord-tenant law cover your apartment?

Almost certainly. Part II applies to the rental of a dwelling unit (section 83.41), under a written lease or an oral one for less than a year (section 83.43(13)). Section 83.42 leaves out transient stays in a hotel, motel, condominium, rooming house or similar lodging; residence in a facility where housing is incidental to medical, educational, religious or similar services; an owner living in their own condo or co-op unit; and some rent-to-own contracts. Renting a condo from its owner is covered: the exclusion is for the owner who lives there, not for a tenant.

Can a lease take away your rights under Florida law?

No. A lease clause is void to the extent it waives the rights or remedies in Part II, or limits either side's liability under the law (section 83.47). A court can refuse to enforce an unconscionable clause (section 83.45). If either side sues to enforce the lease or the act, the winner can recover reasonable attorney fees and court costs, and a lease can't waive that (section 83.48).

Since July 1, 2023, the rules have also been the same statewide. Section 83.425 preempts to the state everything Part II covers, naming tenant screening, security deposits, application fees, lease terms, disclosures, fees charged by the landlord and notice requirements. The Florida Senate's summary of the law, CS/HB 1417, says it renders existing local ordinances on those matters null and void. Screening comes up again in our guide to apartment application requirements.

What happened to Miami-Dade's Tenant Bill of Rights?

Miami-Dade County adopted a Tenant Bill of Rights in 2022. The Miami Herald reported that it barred landlords from asking about past evictions on rental applications and required notice to tenants of a new owner, and that Rep. Esposito, a House sponsor of the 2023 bill, said local tenant offices could keep operating but could no longer enforce local tenant ordinances. CBS Miami reported that ordinances in counties including Miami-Dade and Broward covered notices about rent increases, fees and ownership changes, and that the new law makes state law override them.

So as of October 2026, look to chapter 83 first. Local codes still matter for repairs, because the act counts any law, ordinance or regulation on health, safety, sanitation or fitness for habitation as a building, housing or health code (section 83.43(3)).

What must a landlord tell you when you move in?

• The name and address of the landlord or its agent for notices, in writing, by the start of the tenancy (section 83.50).
• Where your deposit is held and whether it earns interest, in the lease or within 30 days of receiving it, if the landlord rents five or more units (section 83.49(2)).
• For leases of one year or longer, a separate flood disclosure: whether the landlord knows of flooding that damaged the unit, filed a flood claim or got flood aid for it. The form also says renters insurance doesn't cover flood. Required since October 1, 2025 (section 83.512).
• E-mail notices only if you both sign an addendum agreeing to them; it's voluntary and can be revoked in writing (section 83.505, since July 1, 2025).

What are the security deposit rules in Florida?

Under section 83.49, the landlord has 15 days after the lease ends to return your deposit if it makes no claim, or 30 days to send written notice of a claim; you then have 15 days to object in writing. Part II sets no cap on the amount. Our Florida security deposit law guide covers each step, and our guide to fees beyond rent shows what South Florida buildings charge at move-in.

What repairs does a Florida landlord have to make?

Section 83.51(1) requires the landlord to comply with applicable building, housing and health codes, or where there are none, to keep the roof, windows, doors, floors, steps, porches, exterior walls, foundation and other structural parts in good repair and the plumbing in reasonable working condition. For apartments, as opposed to a single-family home or duplex, section 83.51(2) adds, unless agreed otherwise in writing:

• Extermination of rats, mice, roaches, ants, wood-destroying organisms and bedbugs. If you must leave for treatment, you get 7 days' written notice, you can't be required to stay out more than 4 days, and rent is abated.
• Locks and keys, clean and safe common areas, and garbage removal.
• Functioning heat during winter, running water and hot water.

The list doesn't mention air conditioning, so whether it must work depends on the codes that apply and your lease. The landlord isn't responsible for conditions caused by you or people on the premises with your consent (section 83.51(4)). Your duties are in section 83.52: keep the unit clean and sanitary, use appliances and systems reasonably, don't damage the property, and don't unreasonably disturb your neighbors.

What can you do if your landlord won't make repairs?

Put it in writing. Under section 83.56(1), if the landlord materially fails to comply with section 83.51(1) or material lease terms for 7 days after you deliver written notice that describes the problem and says you intend to end the lease over it, you may terminate the lease. If the cause is beyond the landlord's control and it keeps making every reasonable effort to fix it, you owe no rent while the unit is untenantable if you move out, or a reduced rent if you stay.

Withholding rent is riskier. You can use the landlord's material noncompliance with section 83.51(1) as a defense to an eviction for unpaid rent only if you first delivered written notice saying you won't pay rent because of it, and 7 days passed (section 83.60(1)(b)). The court then decides how much, if anything, the rent is reduced. The apartment-only items in section 83.51(2), such as extermination and hot water, can't be raised as a defense to an eviction (section 83.51(2)(c)), and you must still pay the rent into the court registry to keep your defenses (section 83.60(2)).

When can a landlord enter your apartment in Florida?

Under section 83.53, a landlord may enter at any time to protect or preserve the premises. For repairs, it must give at least 24 hours' notice and come between 7:30 a.m. and 8:00 p.m. For inspections or showing the unit, it needs your consent, an emergency, your unreasonable refusal, or an absence of half a rent period, unless your rent is current and you told the landlord you'd be away. You can't unreasonably refuse consent, and the landlord can't use access to harass you.

How does eviction work in Florida?

Only a court can evict you. A landlord may not cut off utilities, change the locks, remove doors or windows, or take your belongings to force you out; if it does, it owes your actual and consequential damages or three months' rent, whichever is greater, plus costs and attorney fees (section 83.67). The landlord first ends the lease with a written notice, which a lease can't waive (section 83.56):

• Unpaid rent: a 3-day notice to pay or leave, not counting Saturdays, Sundays and court holidays.
• A violation you can fix, such as an unauthorized pet, guest or vehicle: a 7-day notice to cure. A repeat within 12 months can go to court without another notice.
• A violation that can't be cured, such as intentional damage or repeated unreasonable disturbance: a 7-day notice to vacate. From October 1, 2026, fraudulent entry of a dwelling (new section 817.537) is on that list too.

The landlord then files in county court (section 83.59). To raise any defense other than payment, you must pay the rent claimed into the court registry, or file a motion to determine the amount, within 5 days of being served, not counting weekends and legal holidays, and keep paying rent into the registry as it comes due. Missing that step waives those defenses and allows a default judgment without a hearing (section 83.60(2)). After a judgment, the sheriff posts 24 hours' notice before putting the landlord in possession (section 83.62).

Can a Florida landlord retaliate against you?

No. Section 83.64 makes it unlawful to discriminatorily raise rent, cut services, or bring or threaten an eviction mainly to retaliate against a tenant acting in good faith, for example for complaining to a code enforcement agency, joining a tenant organization, sending a repair notice under section 83.56(1), using fair housing rights, or ending a lease as a servicemember. Retaliation is a defense in an eviction, but it fails if the landlord proves good cause, such as nonpayment.

How do you end a lease in Florida?

• Month to month: written notice at least 30 days before the end of a monthly period, from either side (section 83.57(3)).
• Fixed term: a lease may require 30 to 60 days' notice before you leave at the end, but only if the landlord must also tell you within that window if it won't renew (section 83.575(1)).
• Staying on: with permission but without the required notice, you can owe an extra month's rent (section 83.575(3)); without permission, the landlord can seek double rent (section 83.58).
• Leaving early: an agreed early termination fee is capped at two months' rent (section 83.595), and servicemembers have their own exit (section 83.682). See how to break a lease in Florida.
• A higher rent at renewal: Florida has no rent control. See Florida rent increase laws.

What are the key deadlines in Florida landlord-tenant law?

What changed in Florida landlord-tenant law from 2023 to 2026?

This is general information, not legal advice.

Frequently asked questions

How much notice does a Florida landlord need to end a month-to-month lease?

At least 30 days' written notice before the end of a monthly period, and the same applies to you (section 83.57(3)). Before July 1, 2023, it was 15 days.

Can my landlord enter without notice in Florida?

Only to protect or preserve the premises, in an emergency, or in the other cases section 83.53 lists. For repairs, the landlord must give 24 hours' notice and come between 7:30 a.m. and 8:00 p.m.

How long does a landlord have to return a security deposit in Florida?

Fifteen days after the lease ends if there's no claim, or 30 days to send written notice of a claim, which you can dispute within 15 days (section 83.49(3)).

Can a Florida landlord change the locks or shut off utilities if I don't pay?

No. Lockouts and utility shutoffs are prohibited, and the landlord owes you your actual damages or three months' rent, whichever is greater, plus attorney fees (section 83.67).

Do Miami-Dade's local tenant rules still apply?

Not on matters chapter 83 covers. Since July 1, 2023, section 83.425 preempts local rules on screening, deposits, fees, lease terms, disclosures and notices.

Where can I get legal help with a landlord problem?

The Florida Bar's Lawyer Referral Service (800-342-8011) offers a 30-minute consultation with a lawyer for no more than $25. Bring your lease, every notice and your photos.