Florida Lease FAQ: 15 Questions Under F.S. Chapter 83

Florida residential leases are governed by the Florida Residential Landlord and Tenant Act at Florida Statutes Chapter 83, Part II (§§83.40–83.683). This FAQ answers the 15 questions most commonly raised by landlords and tenants signing leases in Miami, Tampa, Orlando, Jacksonville, and the rest of the state, from a Gyoseishoshi (行政書士) document-preparation perspective.

Q1. Does Florida have rent control?

No. Florida statewide preempts local rent control under F.S. §125.0103 (counties) and F.S. §166.043 (municipalities). A municipality may adopt rent control only by declaring a housing emergency, holding a referendum, and limiting the ordinance to one year — a procedure no Florida city has successfully completed. There is no statutory cap on residential rent increases in Florida.

Primary source — F.S. §125.0103: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100-0199/0125/Sections/0125.0103.html

Q2. Is there a cap on the security deposit amount?

No. Florida law does not cap the dollar amount of the deposit. F.S. §83.49 regulates how the deposit is held (separate account or surety bond) and how interest is paid (5% simple or 75% of bank rate if interest-bearing), but not the size of the deposit. Landlords commonly require 1 to 2 months’ rent as deposit.

Q3. Does the landlord have to pay interest on the deposit?

Only if the landlord chose an interest-bearing account. Under F.S. §83.49(1)(b), a landlord who elects an interest-bearing account must pay the tenant the higher of 5% simple interest or 75% of the bank’s annualized rate. If the landlord chose a non-interest-bearing account under §83.49(1)(a) or a surety bond under §83.49(1)(c), no interest is payable on the (a) account; the (c) surety bond option does require 5% simple interest.

Q4. Within how many days must the landlord disclose where the deposit is held?

Within 30 days of receiving the deposit, under F.S. §83.49(2). The disclosure must be in writing and include the bank name, address, type of account (interest or non-interest), the rate if interest-bearing, and a copy or summary of §83.49(3).

Q5. How quickly must the landlord return the deposit at move-out?

If the landlord misses the 30-day deadline, the landlord forfeits all deduction rights and must return the full deposit. F.S. §83.49(3) is the controlling statute.

Q6. What is the 3-day notice for unpaid rent?

Under F.S. §83.56(3), when rent is unpaid, the landlord may serve a 3-day notice to pay or vacate. The 3 days exclude Saturday, Sunday, and legal holidays. If the tenant pays within the 3 business days, no eviction is permitted; if the tenant fails to pay or vacate, the landlord may file an eviction complaint in county court.

Q7. What is the 7-day notice?

Under F.S. §83.56(2), two types of 7-day notices apply:

• §83.56(2)(b) — curable breach: 7 days to cure (e.g., remove unauthorized pet)
• §83.56(2)(a) — non-curable breach: 7 days to vacate (e.g., intentional damage, repeated disturbance, illegal activity)

The 7 days are calendar days — unlike the 3-day rent notice, the 7-day notices do not exclude weekends or holidays.

Q8. Can the landlord change the locks if rent is unpaid?

No — never. Self-help eviction is prohibited under F.S. §83.67. A landlord who changes locks, removes the tenant’s property, shuts off utilities, or otherwise denies the tenant access without a court-issued writ of possession is liable for statutory damages of three months’ rent or actual damages, whichever is greater, plus reasonable attorney fees.

The only lawful path to remove a tenant is the F.S. §83.56 / §83.59 court process culminating in a sheriff-executed writ of possession.

Q9. What is a month-to-month tenancy and how do I terminate it?

If the lease term is not stated, F.S. §83.46(2) creates a tenancy of the same period as the rent payment — typically month-to-month. To terminate, either party must give 15 days’ written notice before the end of the current monthly period under F.S. §83.57(3). A longer notice may be specified in a written lease.

For a year-to-year tenancy, the notice is 60 days. For week-to-week, it is 7 days.

Primary source — F.S. §83.57: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.57.html

Q10. What is the warranty of habitability in Florida?

Under F.S. §83.51(1), the landlord is required at all times during the tenancy to:

• Comply with the requirements of applicable building, housing, and health codes
• Maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads
• Maintain plumbing in reasonable working condition

For multi-family dwellings, F.S. §83.51(2) adds duties to maintain extermination, locks and keys, clean common areas, garbage receptacles, functioning facilities for heat, running water, and hot water.

A tenant whose unit becomes uninhabitable may proceed under F.S. §83.56(1) with a 7-day notice to the landlord and, if the landlord fails to remedy, the tenant may withhold rent or terminate the tenancy.

Q11. Are attorney fees in the lease enforceable?

Reciprocally — yes, under F.S. §83.48: “In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorney’s fees, from the nonprevailing party.” This rule is reciprocal regardless of how the lease is drafted — a landlord-only fee clause is not enforceable as drafted; the tenant gets the same right.

Q12. Is notarization required for a Florida lease?

No. Under F.S. §725.01 (the statute of frauds), a lease for more than 1 year must be in writing and signed, but it does not require notarization. Leases of 1 year or less may be oral, although written is strongly preferred for evidentiary reasons. E-signatures are valid under the Florida Electronic Signature Act, F.S. §668.50.

Q13. How much notice must the landlord give before entering the unit?

Under F.S. §83.53(2), the landlord must give at least 12 hours’ notice before entering for repairs or maintenance, and entry must be between 7:30 a.m. and 8:00 p.m. Emergency entry (fire, flood, gas leak) requires no notice. Tenant has the right to deny entry that is “unreasonable.”

Q14. What if the property is in an HOA — do HOA rules apply to renters?

Often yes. The recorded HOA declaration of covenants binds the unit owner, and the lease typically passes those obligations through to the tenant via an HOA rider. Common HOA-imposed restrictions include:

• Lease approval by HOA board
• Minimum lease term (often 6 months or 1 year)
• Background check on tenant
• Restrictions on pets, parking, signage, exterior modifications
• Limit on number of units rented in the community at once

The HOA disclosure summary rules of F.S. §720.401 apply to purchase contracts, not leases — but the underlying covenants still apply to renters via the lease.

Primary source — F.S. Chapter 720: http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720ContentsIndex.html

Q15. Are there any federal laws to remember?

Yes — three federal regimes overlay every Florida residential lease:

1. Federal Fair Housing Act (42 U.S.C. §§3601 et seq.) — prohibits discrimination on the basis of race, color, national origin, religion, sex, familial status, or disability. The Florida Fair Housing Act (F.S. Chapter 760, Part II) adds additional state-level protections.
2. Lead-based paint disclosure (42 U.S.C. §4852d; 24 CFR Part 35) — required for any pre-1978 dwelling. Federal disclosure form + EPA pamphlet must be provided.
3. Servicemembers Civil Relief Act (50 U.S.C. §§3901 et seq.) — permits tenants entering active military service to terminate the lease with 30 days’ notice after rent due date following notice.

These federal rules apply independently of F.S. Chapter 83 and must be addressed in the lease.

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Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not US attorneys.

Sources

1. F.S. Chapter 83 Part II (Online Sunshine) — http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083ContentsIndex.html
2. F.S. §83.49 — http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.49.html
3. F.S. §83.56 — http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.56.html
4. F.S. §83.67 — http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.67.html
5. F.S. Chapter 720 — http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0720/0720ContentsIndex.html