Renting in Florida
Your rights as a tenant in Florida
Florida law sets no maximum for the security deposit. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Florida
- Maximum deposit
- No maximum in the law
- Fla. Stat. §83.49(1) (2026)
- To return your deposit
- 15 days
- Fla. Stat. §83.49(3)(a)
- Notice for late rent
- 3 days
- Fla. Stat. §83.56(3)
What the law says
The rules, one by one
The basic rules for renting in Florida, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
-
How much can they charge for a deposit?
Florida law sets no maximum for the security deposit.
Florida law sets no maximum for the security deposit. Section 83.49 says how the landlord must hold the money, what you must be told and how it is returned, but caps no amount.
What the law says · Fla. Stat. §83.49(1) (2026)
“Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord’s agent shall either”
Source: The 2026 Florida Statutes · Verified on November 5, 2026
-
When must they return my deposit?
15 days
If the landlord does not plan to make a claim, the security deposit must be returned within 15 days after the rental agreement ends. If the landlord wants to make a claim, the landlord must send written notice of that intention within 30 days after the agreement ends.
What the law says · Fla. Stat. §83.49(3)(a)
“if the landlord does not intend to impose a claim on the security deposit, the landlord must return the security deposit, together with interest if otherwise required, within 15 days after the termination of the rental agreement.”
Source: The 2026 Florida Statutes · Verified on October 16, 2026
-
If I fall behind on rent, what notice must I get?
3 days
If you do not pay rent when due, the landlord can give you a written demand to pay or give up the home within 3 days. The 3 days do not count Saturdays, Sundays or legal holidays.
What the law says · Fla. Stat. §83.56(3)
“(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement.”
Source: The 2026 Florida Statutes · Verified on October 16, 2026
-
How much notice ends a month-to-month rental?
30 days
In a month-to-month tenancy, you or the landlord must give written notice at least 30 days before the end of a monthly period to end it.
What the law says · Fla. Stat. §83.57(3)
“(3) When the tenancy is from month to month, by giving not less than 30 days’ notice prior to the end of any monthly period; and”
Source: The 2026 Florida Statutes · Verified on October 16, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
-
Only a court order can remove you
Yes: state law says so
Your landlord may not keep you out of your home, for example by changing the locks, or cut off utilities like water or power. If the landlord does, the law says the landlord owes your damages or 3 months' rent, whichever is greater, plus costs.
What the law says · Fla. Stat. §83.67(2)
“(2) A landlord of any dwelling unit governed by this part shall not prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device.”
-
Protection from retaliation
Yes: state law says so
It is unlawful for a landlord to raise your rent, cut services or bring an eviction mainly to retaliate against you, for example because you complained to a government code agency. You must have acted in good faith.
What the law says · Fla. Stat. §83.64
“(1) It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant.”
Eviction
How an eviction works in Florida
Step by step, with the time periods the law sets. No landlord can skip the court.
-
3-day notice to pay rent or deliver possession
at least 3 days
What the law says · Fla. Stat. §83.56(3)
“the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises”
-
Landlord files a complaint in county court
What the law says · Fla. Stat. §83.59(2)
“A landlord, the landlord’s attorney, or the landlord’s agent, applying for the removal of a tenant, shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery.”
-
Tenant's answer
up to 5 days
What the law says · Fla. Stat. §51.011(1)
“All defenses of law or fact shall be contained in defendant’s answer which shall be filed within 5 days after service of process.”
-
Pay rent into the court registry to keep defenses (unless the defense is payment)
up to 5 days
What the law says · Fla. Stat. §83.60(2)
“Failure of the tenant to pay the rent into the registry of the court or to file a motion to determine the amount of rent to be paid into the registry within 5 days, excluding Saturdays, Sundays, and legal holidays, after the date of service of process constitutes an absolute waiver of the tenant’s defenses other than payment”
-
Hearing or trial (summary procedure)
What the law says · Fla. Stat. §83.59(2)
“The landlord is entitled to the summary procedure provided in s. 51.011, and the court shall advance the cause on the calendar.”
-
Judgment for possession (and money, if requested)
What the law says · Fla. Stat. §83.625
“if the court finds the rent is due, owing, and unpaid and by reason thereof the landlord is entitled to possession of the premises, the court, in addition to awarding possession of the premises to the landlord, shall direct, in an amount which is within its jurisdictional limitations, the entry of a money judgment”
-
Clerk issues writ; sheriff executes it after 24 hours' posted notice
at least 1 day
What the law says · Fla. Stat. §83.62(1)
“after entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put the landlord in possession after 24 hours’ notice conspicuously posted on the premises. Saturdays, Sundays, and legal holidays do not stay the 24-hour notice period.”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Where to file a housing discrimination complaint
If you were harmed by an unlawful housing practice, you can file a complaint with the Florida Commission on Human Relations. The complaint must be filed within 1 year of the date of the last alleged act of discrimination.
Florida Commission on Human Relations (FCHR)- Florida Law Help (free legal information and legal aid directory)floridalawhelp.org
- Florida Law Help: Evictionsfloridalawhelp.org
- The Florida Bar Lawyer Referral Servicefloridabar.org
- DIY Florida (Florida Courts): Tenant Answer interviewflcourts.gov
- DOJ EOIR: Recognized Organizations and Accredited Representatives Roster by State and Cityjustice.gov
Frequently asked questions
How much can a landlord charge for a deposit in Florida?
Florida law sets no maximum for the security deposit. Section 83.49 says how the landlord must hold the money, what you must be told and how it is returned, but caps no amount. (Fla. Stat. §83.49(1) (2026))
When must a deposit be returned in Florida?
If the landlord does not plan to make a claim, the security deposit must be returned within 15 days after the rental agreement ends. If the landlord wants to make a claim, the landlord must send written notice of that intention within 30 days after the agreement ends. (Fla. Stat. §83.49(3)(a))
What notice is required for late rent in Florida?
If you do not pay rent when due, the landlord can give you a written demand to pay or give up the home within 3 days. The 3 days do not count Saturdays, Sundays or legal holidays. (Fla. Stat. §83.56(3))
How much notice ends a month-to-month rental in Florida?
In a month-to-month tenancy, you or the landlord must give written notice at least 30 days before the end of a monthly period to end it. (Fla. Stat. §83.57(3))
A summary of state law, not legal advice. Cities may have additional rules.
Pending
What is left to verify
We have not yet verified these Florida rules in the law with their citation, so we do not show them. If you need them today, ask for free legal aid.
- Are there limits on late fees? Not verified yet
- How much notice before a rent increase? Not verified yet
- Protection related to immigration status Not verified yet
- Repair and deduct from the rent Not verified yet