Florida Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

What Florida law says about the clauses that matter most in a residential lease. Data as of 2026-10-18.

Main statute: Florida Residential Landlord and Tenant Act (Fla. Stat. ch. 83, Part II) (Fla. Stat. §§ 83.40-83.683)

Security deposits

Max: No statutory cap.
Return deadline days: 15 days
Itemization required: Yes
Interest required: Landlord must tell the tenant in writing within 30 days how and where the deposit is held; if it is held in an interest-bearing account, the tenant is owed at least 75% of the account's annualized average rate or 5% per year simple interest, whichever the landlord elects. Deductions require written notice of claim, sent by certified mail within 30 days after the lease ends.

Source: Fla. Stat. § 83.49

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Late fees

Rule: No statutory cap; must be in the lease and not an unreasonable penalty.

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Landlord entry

Notice: 24 hours' notice for repairs, entry between 7:30 a.m. and 8:00 p.m.; emergencies excepted.

Source: Fla. Stat. § 83.53

Ending a month-to-month tenancy

Tenant: 30 days' written notice before the end of a monthly period
Landlord: 30 days' written notice before the end of a monthly period

Source: Fla. Stat. § 83.57

Rent increases

Rule: No separate statute; for month-to-month tenancies a change effectively needs the 30-day termination notice (83.57).
Statewide rent control: No. Local rent control is barred except under a narrow housing-emergency procedure (125.0103), and local regulation of residential tenancies is preempted to the state (83.425).

Source: Fla. Stat. § 125.0103

Repairs & habitability

Rule: Landlord must comply with building, housing and health codes (or, where none apply, keep the structure and plumbing in good repair). If the landlord does not fix a material violation within 7 days after the tenant's written notice, the tenant may withhold rent (83.60) or end the lease (83.56).

Source: Fla. Stat. §§ 83.51, 83.56, 83.60

Retaliation

Rule: Landlord may not retaliate against good-faith complaints or tenant organizing.

Source: Fla. Stat. § 83.64

Clauses often unenforceable in Florida

Waiving the tenant's rights, remedies or requirements under the Florida landlord-tenant act (83.47)
Limiting either party's legal liability (83.47)
Waiving the right to attorney fees (83.48: the prevailing party may recover, and this cannot be waived in the lease)

Notes

A fixed-term lease may require move-out notice only if the landlord must also give non-renewal notice, and it may not require less than 30 or more than 60 days' notice (83.575). Landlords may offer a fee in lieu of a security deposit (83.491).

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General information only, not legal advice. Laws change — verify with the linked source or a licensed attorney.