Last reviewed July 2026
Written by LawLease Editorial
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Florida Lease Amendment
This Lease Amendment is built with Florida as the governing state. These are the Florida landlord-tenant rules that most often bear on it, with the statute for each.
Florida rules at a glance
| Rent control | Prohibited statewideFla. Stat. §§166.043, 125.0103 |
|---|---|
| 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) |
| 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). |
| Security deposit location | Where the deposit is held and interest terms, within 30 days (§83.49(2); landlords with under 5 units are exempt). |
| Late fees | No statutory cap; must be a reasonable estimate of loss and stated in the lease |
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.
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).
Florida Lease Amendment 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)).
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.
More Florida landlord documents
- Florida Residential Lease Agreement
- Florida Eviction Notice
- Florida Security Deposit Return Letter
- Florida Rent Increase Notice
- Florida Notice to Vacate
- Florida Application Approval Letter
- Florida Application Denial Letter
- Florida Background & Credit Check Authorization
- Florida Rental Application
- Florida Co-Signer Guarantor Agreement
- Florida Bed Bug Addendum
- Florida Mold & Mildew Addendum
- Florida No-Smoking Addendum
- Florida Parking & Storage Addendum
- Florida HOA & Community Rules Addendum
- Florida Crime-Free Housing Addendum
- Florida Utilities & Services Addendum
- Florida Early Termination Addendum
- Florida Lease Extension Addendum
- Florida Lead-Based Paint Disclosure
- Florida Military Clause (SCRA)
- Florida Pet Addendum
- Florida Cash for Keys Agreement
- Florida Mutual Lease Termination Agreement
- Florida Lease Renewal Agreement
- Florida Notice of Non-Renewal
- Florida Late Rent Notice
- Florida Lease Violation Notice
- Florida Notice of Entry
- Florida Move-In / Move-Out Inspection Checklist
- Florida Rent Receipt
- Florida Rent Verification Letter
- Florida Tenant Welcome Letter
- Florida Property Management Agreement
- Florida Commercial Lease
- Florida Rent-to-Own Agreement
- Florida Short-Term Rental Agreement
- Florida Room Rental Agreement
- Florida Roommate Agreement
- Florida Spanish Lease Agreement
- Florida Sublease Agreement
Lease Amendment in other states
- Alabama Lease Amendment
- Alaska Lease Amendment
- Arizona Lease Amendment
- Arkansas Lease Amendment
- California Lease Amendment
- Colorado Lease Amendment
- Connecticut Lease Amendment
- Delaware Lease Amendment
- Georgia Lease Amendment
- Hawaii Lease Amendment
- Idaho Lease Amendment
- Illinois Lease Amendment
- Indiana Lease Amendment
- Iowa Lease Amendment
- Kansas Lease Amendment
- Kentucky Lease Amendment
- Louisiana Lease Amendment
- Maine Lease Amendment
- Maryland Lease Amendment
- Massachusetts Lease Amendment
- Michigan Lease Amendment
- Minnesota Lease Amendment
- Mississippi Lease Amendment
- Missouri Lease Amendment
- Montana Lease Amendment
- Nebraska Lease Amendment
- Nevada Lease Amendment
- New Hampshire Lease Amendment
- New Jersey Lease Amendment
- New Mexico Lease Amendment
- New York Lease Amendment
- North Carolina Lease Amendment
- North Dakota Lease Amendment
- Ohio Lease Amendment
- Oklahoma Lease Amendment
- Oregon Lease Amendment
- Pennsylvania Lease Amendment
- Rhode Island Lease Amendment
- South Carolina Lease Amendment
- South Dakota Lease Amendment
- Tennessee Lease Amendment
- Texas Lease Amendment
- Utah Lease Amendment
- Vermont Lease Amendment
- Virginia Lease Amendment
- Washington Lease Amendment
- West Virginia Lease Amendment
- Wisconsin Lease Amendment
- Wyoming Lease Amendment
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