Know Your Tenant Rights - Guides & Resources for Florida

Landlord-Tenant FAQs

  1. How Long Does a Landlord Have to Return My Security Deposit in Florida?

Quick Answer

Florida landlords have 15 days to return your full security deposit if they are not making any deductions. If they want to keep some or all of it, they have 30 days to send you a written notice explaining why.

Complete Answer

When you move out of your rental in Florida, your landlord must follow specific timeframes for returning your security deposit.

If Your Landlord is NOT Making Deductions

Your landlord must return your full security deposit within 15 days after you move out. This includes any interest you earned on the deposit if required.

If Your Landlord IS Making Deductions

Your landlord has 30 days to send you a written notice by certified mail. This notice must include:

  1. The amount they plan to keep

  2. The reason they are keeping it

  3. Your address where they sent the notice

  4. A statement that you have 15 days to object

What Happens After the 30-Day Notice

After you receive the notice, you have two choices:

  1. You can object in writing within 15 days if you disagree

  2. If you do not object within 15 days, your landlord must send you the remaining deposit within 30 days

Important Rules About Timing

If your landlord does not send the required notice within 30 days after you move out, they lose the right to keep any of your deposit. However, they can still sue you later for damages.

What You Must Do Before Moving Out

You must give your landlord your new mailing address in writing before you leave. If you do not provide an address, your landlord does not have to send you the notice about deposit deductions.

Source

Florida Statutes Section 83.49 https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.49.html

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2: What Can a Landlord Deduct From My Security Deposit in Florida?

Quick Answer

Florida landlords can only deduct money for unpaid rent, damage beyond normal wear and tear, and other costs listed in your lease. They cannot charge you for normal wear and tear like faded paint or small scuff marks.

Complete Answer

Florida law protects tenants from unfair security deposit deductions. Your landlord can only take money from your deposit for specific reasons.

What Landlords CAN Deduct

Landlords in Florida can deduct from your security deposit for:

  1. Unpaid rent

  2. Unpaid utility bills (if your lease says you pay them)

  3. Damage beyond normal wear and tear

  4. Excessive cleaning costs (if the unit requires more than normal cleaning)

  5. Other costs specifically listed in your rental agreement

What is Normal Wear and Tear?

Normal wear and tear means the expected aging and decline that happens when you use a rental property properly. Landlords cannot charge you for normal wear and tear.

Examples of Normal Wear and Tear (Cannot Be Deducted)

  1. Small scuff marks on walls from moving furniture

  2. Faded paint or wallpaper from sunlight

  3. Carpet wear in high-traffic areas

  4. Minor scratches on windows or doors from regular use

  5. Worn cabinet hinges or drawer pulls

  6. Faded curtains or blinds

Examples of Damage Beyond Normal Wear and Tear (Can Be Deducted)

  1. Large holes in walls

  2. Broken windows

  3. Stains on carpet (from spills or pets)

  4. Broken appliances due to misuse

  5. Missing light fixtures or hardware

  6. Damaged doors or cabinets

  7. Burns on countertops or floors

What Your Landlord Must Provide

When your landlord deducts money from your deposit, they must give you:

  1. An itemized list of all deductions

  2. A written explanation for each charge

  3. The specific dollar amount for each item

While Florida law does not require receipts, providing them helps prevent disputes.

Your Rights If You Disagree

If you believe your landlord made unfair deductions, you can:

  1. Send a written objection within 15 days

  2. Try to resolve the issue through informal discussion

  3. File a lawsuit in small claims court (for amounts up to $8,000)

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3. What Types of Eviction Notices Can Landlords Use in Florida?

Quick Answer

Florida landlords can use four main types of eviction notices: a 3-day notice for unpaid rent, a 7-day notice to fix a problem, a 7-day notice to move out immediately for serious violations, and a 15-day or 60-day notice to end a month-to-month lease.

Complete Answer

Florida law requires landlords to give written notice before they can file an eviction lawsuit. The type of notice depends on why the landlord wants you to leave.

Type 1: Three-Day Notice to Pay Rent or Quit

This notice is used when you have not paid your rent.

When landlords use it:

  • You are 3 or more days late on rent (not counting Saturday, Sunday, and legal holidays)

What it says:

  • You must pay all the rent you owe within 3 days

  • If you do not pay, you must move out

  • If you do neither, the landlord can file an eviction lawsuit

What you should do:

  • Pay the full amount owed within 3 days, or

  • Move out, or

  • Prepare to defend yourself in court

Type 2: Seven-Day Notice to Cure

This notice is used when you broke a rule in your lease, but you can fix the problem.

When landlords use it:

  • Unauthorized pets

  • Unauthorized guests or vehicles

  • Parking violations

  • Not keeping the unit clean

  • Other fixable lease violations

What it says:

  • You have 7 days to fix the problem

  • If you fix it, you can stay

  • If you do not fix it, the landlord will terminate your lease

Important rule: If you fix the problem but do the same thing again within 12 months, your landlord can evict you without giving you another chance to fix it.

Type 3: Seven-Day Unconditional Quit Notice

This notice is used for serious violations when you cannot fix the problem.

When landlords use it:

  • Intentional destruction of property

  • Damage or misuse of the landlord's or other tenants' property

  • Unreasonable disturbances (like repeated loud noise)

  • Repeating the same violation within 12 months after a previous warning

What it says:

  • Your lease is terminated immediately

  • You have 7 days to move out

  • You cannot fix the problem and stay

Type 4: Notice to Terminate Month-to-Month Tenancy

This notice is used when your landlord wants to end your tenancy but you have not violated the lease.

Required notice periods:

  • Week-to-week lease: 7 days notice

  • Month-to-month lease: 15 days notice

  • Quarter-to-quarter lease: 30 days notice

  • Year-to-year lease: 60 days notice

What it says:

  • Your lease will end on a specific date

  • You must move out by that date

How Notices Must Be Delivered

Florida law requires proper delivery of all eviction notices. Landlords can deliver notices by:

  1. Handing it to you in person

  2. Mailing it to you by certified mail

  3. Posting it on your door (if you are not home)

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4. How Does the Eviction Process Work in Florida?

Quick Answer

The Florida eviction process has five main steps: (1) landlord gives written notice, (2) landlord files lawsuit if tenant does not comply, (3) tenant has 5 days to respond and pay rent into court, (4) court hearing, and (5) sheriff removes tenant if landlord wins. The process usually takes 2 to 3 weeks if uncontested.

Complete Answer

Florida landlords must follow specific legal steps to evict a tenant. Landlords cannot force tenants out by changing locks or turning off utilities. Only a sheriff can physically remove a tenant after a court order.

Step 1: Landlord Serves Eviction Notice

Before filing any lawsuit, your landlord must give you a written eviction notice.

The notice period depends on the reason:

  • 3 days for unpaid rent

  • 7 days for lease violations (fixable or serious)

  • 15 days for month-to-month tenancy ending

  • 60 days for yearly lease not being renewed

Your landlord must deliver this notice properly by mail, in person, or by posting it on your door.

Step 2: Landlord Files Eviction Lawsuit

If you do not comply with the notice, your landlord can file an eviction complaint with the county court.

What the landlord must file:

  1. Eviction complaint form

  2. Copy of the lease agreement

  3. Copy of the eviction notice served to you

  4. Filing fees (usually around $185)

  5. Service fees for the sheriff or process server (around $30 to $50 per tenant)

The court clerk will prepare a summons. A sheriff or process server will personally deliver the summons and complaint to you.

Step 3: Tenant Must Respond Within 5 Days

After you receive the summons, you have 5 business days to take action. Do not count Saturdays, Sundays, or legal holidays.

You must do TWO things within 5 days:

  1. File a written answer with the court

  2. Pay the rent you owe into the court registry

If you disagree about the amount owed: You can file a Motion to Determine Rent with your answer. The judge will decide how much you must deposit.

What happens if you do nothing: If you do not file an answer and deposit rent within 5 days, the landlord can request a default judgment. You will be evicted without a hearing.

Step 4: Court Hearing or Default Judgment

If you filed an answer and deposited rent, the court will schedule a hearing. Both you and your landlord will present your case to the judge.

Common tenant defenses:

  • Landlord did not follow proper notice procedures

  • Landlord failed to maintain the property

  • Landlord discriminated against you

  • Landlord retaliated against you for exercising your rights

  • You already paid the rent

If you did not respond: The landlord can request a default judgment. The judge will rule in favor of the landlord without hearing your side.

Step 5: Writ of Possession and Removal

If the judge rules for the landlord, the court issues a Writ of Possession.

What happens next:

  1. The sheriff posts the Writ of Possession on your door

  2. You have 24 hours to move out

  3. If you do not leave, the sheriff can physically remove you and your belongings

  4. The landlord can change the locks after the sheriff removes you

Timeline for Florida Evictions

For uncontested evictions (when tenant does not respond):

  • Total time: 2 to 3 weeks

For contested evictions (when tenant fights the eviction):

  • Total time: Several weeks to several months, depending on court schedules

Factors that affect timing:

  • Court calendar and availability

  • Whether the tenant files an answer

  • Whether appeals are filed

  • Complexity of the case

Important Rules About Evictions

Illegal landlord actions: Florida law prohibits landlords from:

  • Changing locks to lock you out

  • Removing doors, windows, or your belongings

  • Shutting off utilities (water, electricity, gas)

  • Using force or threats to make you leave

If your landlord does any of these things, you can sue for damages. You may be entitled to three months' rent or actual damages, whichever is greater, plus attorney fees.

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5. Can Tenants Break a Lease Early in Florida Without Paying a Penalty?

Quick Answer

Florida tenants can break a lease early without penalty only in specific situations: active military duty, domestic violence, uninhabitable housing conditions, or if the lease includes an early termination clause. Otherwise, tenants must pay rent through the end of the lease term.

Complete Answer

A lease is a legal contract. When you sign a lease in Florida, you agree to pay rent for the entire lease period. Breaking a lease early usually means you still owe rent. However, Florida law allows you to break a lease without penalty in certain situations.

Situation 1: Active Military Duty

If you join the military or receive orders for active duty after signing your lease, you can break the lease without penalty.

Requirements under the Servicemembers Civil Relief Act:

  1. You must be a member of the uniformed services

  2. You must enter active duty after signing the lease

  3. You must give your landlord written notice at least 30 days before leaving

  4. You must provide a copy of your military orders

When your lease ends: Your tenancy terminates 30 days after the next rent due date. For example, if rent is due on the first of the month and you give notice on March 15, your lease ends on May 1.

Situation 2: Domestic Violence, Dating Violence, Sexual Violence, or Stalking

If you or an immediate family member in your household experiences violence, you can break your lease early.

Requirements under Florida law:

  1. You must give your landlord 30 days written notice

  2. You must provide a copy of a final injunction for protection against domestic, dating, repeat, or sexual violence, or stalking

When your lease ends: The lease terminates 30 days after your landlord receives both the notice and the injunction.

What you still owe: You must pay rent through the termination date. You are also responsible for any damage to the property beyond normal wear and tear.

Situation 3: Uninhabitable Housing Conditions

If your rental unit becomes unlivable and your landlord refuses to make repairs, you may be able to break your lease.

When this applies: Your landlord must maintain the property according to Florida health and safety codes. Required conditions include:

  • Working plumbing and hot water

  • Working heat and air conditioning

  • Structurally sound building

  • Working locks on doors and windows

  • No pest infestations

  • No mold or serious health hazards

Steps you must follow:

  1. Document the problem with photos and written descriptions

  2. Send your landlord written notice by certified mail explaining the problem

  3. Give your landlord 7 days to fix the issue

  4. If the landlord does not fix the problem within 7 days, you can withhold rent or terminate the lease

Important note: The problem must be serious enough that the unit is truly uninhabitable. Minor issues do not qualify.

Situation 4: Landlord Violations of Your Rights

You can break your lease if your landlord seriously violates your legal rights.

Examples of landlord violations:

  1. Failing to give you at least 12 hours notice before entering your unit

  2. Changing your locks without permission

  3. Shutting off your utilities

  4. Harassing you or threatening you

  5. Discriminating against you

  6. Retaliating against you for exercising your legal rights

What you must do: Document the violations and send written notice to your landlord. If the violations continue, you may be able to claim constructive eviction and break your lease.

Situation 5: Early Termination Clause in Your Lease

Some leases include an early termination fee option.

How it works under Florida Statute 83.595:

  1. Your landlord must offer this option when you sign the lease

  2. The early termination fee cannot exceed 2 months rent

  3. You must give at least 60 days written notice

  4. You pay the fee and can leave early

  5. You are not responsible for rent after you leave

If your lease includes this option: You can choose to pay the fee and break your lease at any time. Your landlord cannot charge you additional rent after you pay the fee and move out.

When You CANNOT Break a Lease Without Penalty

Florida law does not allow you to break a lease without penalty for:

  • Job relocation

  • Buying a house

  • Family emergencies

  • Medical issues (unless the unit is uninhabitable)

  • Financial hardship

  • Relationship breakups

  • Moving closer to work or family

If you break your lease without a legal reason: You remain responsible for rent through the end of the lease term. Your landlord does not have to try to find a new tenant quickly. Your landlord can also keep your security deposit and sue you for unpaid rent.

Negotiating With Your Landlord

If you need to break your lease but do not have a legal reason, try negotiating with your landlord.

Tips for negotiating:

  1. Explain your situation honestly

  2. Give as much notice as possible

  3. Offer to help find a replacement tenant

  4. Offer to pay one or two months rent as a settlement

  5. Get any agreement in writing

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6. Are There Limits on Rent Increases in Florida?

Quick Answer

No. Florida has no rent control laws. Landlords can raise rent by any amount they choose. However, they must give proper written notice (15 days for month-to-month leases, 60 days for yearly leases). Rent increases cannot be discriminatory or retaliatory.

Complete Answer

Florida is one of the few states that prohibits rent control. Landlords have the freedom to set rent prices based on market conditions.

Florida's Rent Control Ban

Florida Statute 125.0103 prevents local governments from creating rent control laws.

What this means:

  1. No statewide limit on rent increases

  2. Cities and counties cannot pass their own rent control laws

  3. Landlords can raise rent by any percentage

  4. Market forces determine rent prices

The only exception: Local governments can impose temporary rent controls only during a declared housing emergency that threatens public safety. These controls can last for only one year.

Required Notice Periods for Rent Increases

Even though there are no limits on the amount, landlords must give you proper notice before raising your rent.

Notice requirements by lease type:

For month-to-month leases:

  • Minimum 15 days written notice before the new rent takes effect

For yearly leases:

  • Minimum 60 days written notice before the lease expires

For quarter-to-quarter leases:

  • Minimum 30 days written notice

For week-to-week leases:

  • Minimum 7 days written notice

When Landlords Can Raise Rent

Landlords can only raise your rent at specific times.

During a fixed-term lease: Your landlord cannot raise your rent during the lease period unless your lease specifically allows mid-term increases.

Example: If you signed a one-year lease for $1,200 per month, your landlord cannot raise it to $1,400 in month six unless your lease says they can.

At the end of a lease: When your lease expires, your landlord can offer a new lease at a higher rent. You can choose to accept the new rent or move out.

For month-to-month leases: Your landlord can raise rent as often as they want, as long as they give 15 days notice each time.

Local Notice Requirements

Some Florida counties require longer notice periods for large rent increases.

Miami-Dade County: Landlords must give 60 days written notice before raising rent by more than 5 percent. This does not limit the amount of the increase, only the notice period.

Royal Palm Beach: Similar 60-day notice requirement for rent increases over 5 percent.

Check with your local government: Your city or county may have additional notice requirements. These requirements do not cap the rent increase amount.

Illegal Rent Increases

While Florida allows unlimited rent increases, some types of increases are illegal.

Discriminatory rent increases: Your landlord cannot raise your rent based on:

  • Race

  • Color

  • National origin

  • Religion

  • Sex

  • Familial status (having children)

  • Disability

Retaliatory rent increases: Your landlord cannot raise your rent to punish you for:

  • Complaining to a government agency about code violations

  • Organizing or joining a tenant organization

  • Exercising your rights under the lease

  • Filing a complaint about repairs

  • Reporting discrimination

Protected activities under fair housing laws: Your landlord cannot raise rent because you:

  • Requested reasonable accommodations for a disability

  • Complained about harassment

  • Reported unsafe conditions

  • Exercised your legal rights

What You Can Do About Large Rent Increases

If your landlord raises your rent significantly, you have options.

Your choices:

  1. Negotiate with your landlord for a smaller increase

  2. Accept the increase and pay the new rent

  3. Choose not to renew your lease and move out

  4. If the increase is discriminatory or retaliatory, file a complaint or consult an attorney

Tips for negotiating:

  • Research comparable rental prices in your area

  • Point out your history as a good tenant

  • Offer to sign a longer lease in exchange for a smaller increase

  • Explain your financial situation honestly

  • Get any agreement in writing

How to Prepare for Rent Increases

Steps to protect yourself:

  1. Save money throughout your lease for potential increases

  2. Research average rents in your area

  3. Maintain a good relationship with your landlord

  4. Keep records of all rent payments and communications

  5. Understand your lease terms and renewal options

  6. Plan ahead if you need to move

Understanding Market-Based Rent Pricing

Since Florida has no rent control, rent prices follow supply and demand.

Factors that affect rent prices:

  • Local housing supply and demand

  • Property taxes and insurance costs

  • Maintenance and repair costs

  • Inflation and cost of living

  • Neighborhood improvements

  • Seasonal demand (especially in tourist areas)

While high rent increases can be difficult, this system allows the market to regulate prices. If landlords charge too much, tenants move to more affordable options, which forces landlords to lower prices or risk vacancies.

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Free Security Deposit Guide
florida-tenant-rights-capitol

Government Resources

1. Florida Legislature - Chapter 83: Landlord and Tenant Law
https://www.flsenate.gov/Laws/Statutes/2023/Chapter83/All

The official Florida Statutes website provides the complete text of Chapter 83, which governs all residential landlord-tenant relationships in Florida. This is the primary legal source for understanding your rights and responsibilities. The statutes cover security deposits, eviction procedures, lease termination, maintenance requirements, and all other aspects of renting in Florida.

2. Florida Courts Self-Help Center - Landlord/Tenant Resources
https://help.flcourts.gov/Other-Resources/Landlord-Tenant

The Florida Courts system provides free self-help resources for both tenants and landlords involved in eviction cases. Find approved court forms, step-by-step instructions for filing court documents, information about the eviction process, and guidance on representing yourself in court. The site also offers a guided interview tool to help tenants create responses to eviction complaints.

3. The Florida Bar - Landlord/Tenant Forms and Information
https://www.floridabar.org/public/consumer/consumer004/

The Florida Bar, the official organization for lawyers in Florida, offers free approved legal forms for residential landlord-tenant matters. Download forms for eviction notices, lease agreements, security deposit notices, and court complaints. Each form includes explanatory notes to help you understand Florida law requirements. These forms have been approved by the Florida Supreme Court for public use.

4. Florida Department of Agriculture and Consumer Services - Landlord-Tenant Law

https://www.fdacs.gov/Consumer-Resources/Landlord-Tenant-Law-in-Florida
The Florida Department of Agriculture and Consumer Services provides consumer protection information and resources about landlord-tenant law. While this agency does not handle individual disputes, their website offers educational materials about Florida rental law, links to additional resources, and information about tenant and landlord rights under state law

Nonprofit & Advocacy

1. Florida Legal Services - Statewide Legal Aid
https://www.floridalawhelp.org/

Florida Legal Services operates the Florida Law Help website, which provides free legal information and resources for low-income Floridians. Find detailed guides about evictions, security deposits, tenant rights, housing discrimination, and foreclosure. The site includes self-help tools, legal forms, and a directory to find free or low-cost legal assistance in your area. Available in English, Spanish, and Creole.

2. Jacksonville Area Legal Aid (JALA)
https://www.jaxlegalaid.org/

Jacksonville Area Legal Aid provides free civil legal assistance to low-income residents in Northeast Florida. JALA offers help with eviction defense, security deposit disputes, substandard housing conditions, and discrimination cases. They provide legal representation in court, advice through legal clinics, and educational materials about tenant rights. Services are available in multiple counties including Duval, Clay, Nassau, and St. Johns.

3. Community Legal Services of Mid-Florida
https://www.clsmf.org/

Community Legal Services of Mid-Florida serves low-income residents in Central Florida with free legal assistance. The organization helps with eviction prevention, landlord-tenant disputes, housing discrimination, and foreclosure defense. They cover Orange, Osceola, Seminole, and Brevard counties. CLSMF offers direct representation, legal advice clinics, community education programs, and self-help resources for tenants facing housing issues.

4. Florida Housing Coalition
https://www.flhousing.org/

The Florida Housing Coalition is a statewide nonprofit that advocates for affordable housing and provides training and technical assistance on housing issues. While not providing direct legal services, the coalition offers educational resources about tenant rights, fair housing laws, and affordable housing programs. They work to improve housing policy in Florida and connect tenants with local housing resources and assistance programs throughout the state.

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