Last reviewed July 2026
Written by LawLease Editorial|Reviewed by LawLease Legal Team
Florida Residential Lease Agreement
A Florida residential lease agreement is a legally binding contract between a landlord and a tenant, governed by Chapter 83, Part II of the Florida Statutes (the Florida Residential Landlord and Tenant Act). It sets the rent, term, deposit, and responsibilities of each side. Below is what Florida law actually requires — every rule here is built into your lease automatically as you fill out the wizard.
Florida landlord–tenant law at a glance
| Security deposit limit | No statutory capFla. Stat. §83.49 |
|---|---|
| Deposit return | 15 days if no claim · 30 days with a written claim (by certified mail)Fla. Stat. §83.49(3) |
| Late fees | No statutory cap; must be a reasonable estimate of loss and stated in the lease |
| Returned-check (NSF) fee | $25–$40 by check amount, or 5%, whichever is greaterFla. Stat. §68.065 |
| Landlord entry (repairs) | 24 hours’ notice, between 7:30am–8:00pmFla. Stat. §83.53 |
| Month-to-month termination | 30 days’ noticeFla. Stat. §83.57 |
| Nonpayment eviction notice | 3 days (excluding weekends & holidays)Fla. Stat. §83.56(3) |
| Rent control | Prohibited statewideFla. Stat. §§166.043, 125.0103 |
Security deposits in Florida
Florida places no dollar limit on how much a landlord can collect as a security deposit or advance rent. What the law does regulate is how the money is held and how it must be returned.
- How it’s held — The deposit must sit in a separate non-interest-bearing Florida bank account, a separate interest-bearing account, or be secured by a surety bond — it can’t be mixed with the landlord’s own funds (§83.49(1)).
- 30-day disclosure — Within 30 days of receiving the deposit, the landlord must tell the tenant in writing where it is held and whether interest is paid. Landlords who rent fewer than 5 units are exempt from this disclosure (§83.49(2)).
- Return — no claim — If the landlord isn’t keeping any of it, the deposit must be returned within 15 days of move-out (§83.49(3)(a)).
- Return — with a claim — To keep any of it, the landlord must send written notice by certified mail within 30 days stating the reason. The tenant then has 15 days to object. Miss the 30-day deadline and the landlord forfeits the right to claim against the deposit (§83.49(3)).
- Fee instead of a deposit — Since July 2023, a landlord may offer a non-refundable monthly fee in place of a deposit under a separate signed agreement; the tenant can cancel and switch to a normal deposit at any time (§83.491).
Rent, late fees & returned checks
Unless the lease says otherwise, rent is due at the start of each rental period and is payable without demand (§83.46). Florida has no statutory grace period — the lease controls.
- Late fees — There is no statutory cap, but Florida courts treat late fees as liquidated damages: the fee must be a reasonable estimate of the landlord’s actual loss and must be written into the lease, or it risks being struck as an unenforceable penalty. There is no fixed legal number.
- Returned-check fee — A bounced-check fee is capped by §68.065 at $25 (checks ≤ $50), $30 (≤ $300), $40 (over $300), or 5% of the check — whichever is greater.
- Rent control — Florida prohibits local rent control statewide (§§166.043, 125.0103); the 2023 Live Local Act removed the last narrow exception, so no city or county can cap rent.
Landlord entry & access
A Florida landlord may enter at any time to protect or preserve the property in a genuine emergency, with no notice. For ordinary repairs the landlord must give at least 24 hours’ notice and enter only between 7:30am and 8:00pm (§83.53).
The landlord can’t abuse the right of access to harass the tenant, and can never use “self-help” — shutting off utilities or changing the locks to force a tenant out is illegal and carries a penalty of the greater of the tenant’s actual damages or three months’ rent (§83.67).
Ending a Florida tenancy
For a tenancy with no fixed end date, either party ends it with written notice tied to the rent period. The month-to-month figure increased from 15 to 30 days effective July 1, 2023.
| Week-to-week | 7 days |
|---|---|
| Month-to-month | 30 days |
| Quarter-to-quarter | 30 days |
| Year-to-year | 60 days |
- Nonpayment of rent — A 3-day written notice (excluding weekends and legal holidays) is required before eviction for nonpayment (§83.56(3)).
- Lease violations — A curable violation gets a 7-day notice to fix it; a serious non-curable violation gets a 7-day notice to vacate (§83.56(2)).
- Military — A servicemember with qualifying orders may end the lease with 30 days’ notice and a copy of the orders, with no penalty (§83.682).
- Note — Florida does not yet have a statute letting domestic-violence survivors break a lease early — proposed 2026 bills had not passed as of this writing.
Required disclosures in Florida
Florida does not mandate bedbug, mold, or general fire-sprinkler disclosures for ordinary residential leases — so LawLease doesn’t pad your Florida lease with notices the state doesn’t require.
- Lead-based paint — Federal law requires the lead warning and any known-hazard disclosure for housing built before 1978 (42 U.S.C. §4852d).
- Radon gas — Florida requires the exact statutory radon notice on a lease document (§404.056(5)).
- Security deposit location — Where the deposit is held and interest terms, within 30 days (§83.49(2); landlords with under 5 units are exempt).
- Landlord / agent identity — The name and address of the landlord or an agent authorized to receive notices (§83.50).
- Flood disclosure — For leases of one year or longer, known flood damage and claims must be disclosed on a separate document (§83.512, effective October 1, 2025).
Habitability & repairs
A Florida landlord must comply with applicable building, housing, and health codes and keep the structure, plumbing, and common areas in working order (§83.51). Single-family homes and duplexes need working smoke detectors at move-in; multi-family buildings must make reasonable provision for pest extermination, including bedbugs.
If something the landlord is responsible for falls out of compliance, the tenant gives written notice and the landlord has 7 days to fix it. If the unit becomes uninhabitable, rent stops for that period; if it’s merely deficient, rent abates in proportion to the lost value (§83.56(1)).
Tenant protections you can’t waive
- No waiver of rights — A lease clause that waives a tenant’s Chapter 83 rights is void and unenforceable (§83.47).
- Unconscionable terms — A court can refuse to enforce any lease provision it finds unconscionable (§83.45).
- No self-help eviction — Cutting utilities, changing locks, or removing doors to force a tenant out exposes the landlord to the greater of actual damages or three months’ rent (§83.67).
- No retaliation — A landlord can’t raise rent, cut services, or evict primarily to retaliate for a good-faith code complaint or the tenant asserting legal rights (§83.64).
LawLease is not a law firm and this page is general information, not legal advice. State laws change and local ordinances may add requirements — verify current rules or consult a Florida attorney for your specific situation.
Florida lease agreement FAQs
How much can a landlord charge for a security deposit in Florida?
Florida sets no cap on the deposit amount — it’s whatever the lease specifies. What’s regulated is how the money is held (a separate account or a surety bond) and that it’s disclosed to the tenant within 30 days (§83.49).
How long does a landlord have to return a security deposit in Florida?
Within 15 days if the landlord makes no claim against it. To keep any of it, the landlord must send written notice by certified mail within 30 days stating the reason; the tenant then has 15 days to object. Missing the 30-day deadline forfeits the landlord’s right to claim against the deposit (§83.49(3)).
How much notice is required to end a month-to-month lease in Florida?
Thirty days’ written notice before the end of the monthly period, from either side — increased from 15 days effective July 1, 2023. Week-to-week needs 7 days; year-to-year needs 60 days (§83.57).
Can a Florida landlord enter without notice?
Only to protect or preserve the property in a true emergency. For repairs and other non-emergency access, Florida requires at least 24 hours’ notice and entry between 7:30am and 8:00pm (§83.53).
Does Florida have rent control?
No. State law bars counties and cities from adopting rent control, and the 2023 Live Local Act removed the last narrow exception — no Florida locality can legally cap rent (§§166.043, 125.0103).
Is there a cap on late fees in Florida?
There’s no statutory dollar or percentage cap. Florida courts treat late fees as liquidated damages that must reasonably approximate the landlord’s actual loss and be written into the lease — an excessive fee can be struck as an unenforceable penalty.
Does a Florida lease need to be notarized?
No. A residential lease is enforceable once both parties sign; Florida does not require notarization. Leases longer than one year should still be in writing to be enforceable.