Florida Tenant Rights, FAQ’s, Resources & Guides
FAQ
4. How does the eviction process work in Florida?
The Florida eviction process follows these steps:
Landlord serves the proper written notice.
If not resolved, the landlord files an eviction lawsuit in court.
The tenant has 5 days to respond and must deposit any disputed rent into the court registry.
A hearing or mediation may be scheduled.
If the landlord wins, the court issues a final judgment.
The sheriff enforces the writ of possession and can remove the tenant.
Important: Florida landlords cannot shut off utilities, change locks, or remove belongings themselves. These “self-help evictions” are illegal.
5. Can tenants break a lease early in Florida without paying a penalty?
Tenants in Florida are usually responsible for rent until the lease ends. However, there are exceptions:
Active duty military: Can terminate early with proper notice.
Uninhabitable housing: If the landlord fails to fix serious issues after written notice, the tenant can end the lease.
Other reasons (job loss, divorce, roommate leaving) are not legal grounds to break a lease without penalty. In most cases, tenants remain liable for rent unless one of the legal exceptions applies.
6. Are there limits on rent increases in Florida?
Florida has no statewide rent control.
Landlords can raise rent by any amount if they give proper notice before the next rental period (15 days for month-to-month).
Local governments are not allowed to impose rent control except in very limited emergencies.
Affordable housing programs may cap rents, but only for designated properties.
1. How long does a landlord have to return a security deposit in Florida?
In Florida, a landlord must handle your security deposit within strict deadlines:
15 days: If they are returning the full deposit.
30 days: If they plan to keep part of it, they must send a written notice by certified mail explaining why.
If the landlord misses the 30-day deadline, they lose the right to keep any of the deposit and must return the full amount.
2. What can a Florida landlord deduct from a tenant’s security deposit?
A Landlord in Florida can only deduct for specific, lawful reasons:
Unpaid rent
Damage beyond normal wear and tear
Costs to restore the unit to its original condition
Lost keys or other items if specified in the lease
They cannot deduct for ordinary wear and tear (like faded paint or worn carpet) or automatically keep the deposit if you break the lease.
3. What types of eviction notices can landlords use in Florida?
Florida eviction notices depend on the issue:
3-Day Notice: For unpaid rent.
7-Day Notice to Cure: For problems that can be fixed (example: unauthorized pet).
7-Day Uncurable Notice: For serious or repeated violations that cannot be fixed.
15-Day Notice: To end a month-to-month rental agreement.
Each notice must be delivered properly, and the tenant must be given the required time to respond.
Government Resources
Florida Department of Agriculture and Consumer Services - Landlord/Tenant Law
https://www.fdacs.gov/Consumer-Resources/Landlord-Tenant-Law-in-FloridaFlorida Courts Help - Landlord Tenant
https://help.flcourts.gov/Other-Resources/Landlord-TenantHUD.gov - Florida
https://www.hud.gov/states/floridaFlorida Landlord and Tenant Laws – Chapter 83, Florida Statutes
https://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html
Nonprofit & Advocacy
Florida Legal Services - Eviction Prevention
https://www.floridalegal.org/eviction-preventionSt. Petersburg Tenants Union
https://www.stpetersburgtenantsunion.org/Florida Law Help - Tenants
https://www.floridalawhelp.org/housing/tenants