Laws by state / Florida

Florida landlord and tenant rules

The figures that decide most disputes between Florida landlords and tenants, each with a calculator and the statute behind it.

Verified against the statutes 2026-10-22By RentByState Research
RuleFloridaStatuteTool
Maximum security depositNo statutory limitFla. Stat. § 83.49Deposit rules
Deposit return deadline15 days after termination of the rental agreement and tenant vacating if the landlord makes no claim; if the landlord intends to impose a claim, written notice by certified mail within 30 days after termination (tenant then has 15 days to object), otherwise the right to claim is forfeitedFla. Stat. § 83.49Deposit rules
Interest on the depositNot requiredFla. Stat. § 83.49Florida interest calculator
Maximum late feeNo statutory capNone (Fla. Stat. ch. 83, Part II is silent; see §§ 83.46, 83.56)Late fee calculator
Landlord notice, month-to-month30 daysFla. Stat. § 83.57; § 83.56(3); § 83.46Notice calculator
Tenant notice, month-to-month30 daysFla. Stat. § 83.57; § 83.56(3); § 83.46Notice calculator
Rent increase notice30 daysFla. Stat. § 83.57; § 83.56(3); § 83.46Notice calculator
Pay-or-quit notice3 business daysFla. Stat. § 83.57; § 83.56(3); § 83.46Notice calculator
Rent increase capNone statewide

Security deposits in Florida

Florida sets no statutory limit on the size of a security deposit. The deposit must be returned 15 days after termination of the rental agreement and tenant vacating if the landlord makes no claim; if the landlord intends to impose a claim, written notice by certified mail within 30 days after termination (tenant then has 15 days to object), otherwise the right to claim is forfeited, with an itemised list of any deductions. No interest is owed on the deposit under state law. Interest is not required: the landlord may hold deposits in a separate non-interest-bearing Florida account, in an interest-bearing Florida account (paying the tenant at least 75% of the account's annualized average interest rate or 5% simple interest, landlord's election, at least annually), or post a surety bond and pay 5% simple interest. No 2024-2026 changes to § 83.49 identified. Full deposit rules and move-out checklist.

Late fees in Florida

Florida sets no statutory cap on late fees. The amount is whatever the lease says, subject to the general rule that it must not be an unconscionable penalty. There is no statutory grace period, so the lease controls when the fee starts. Calculate the maximum fee.

Notice periods in Florida

A Florida landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. A rent increase needs 30 days’ notice. For nonpayment, the landlord must serve a 3-business day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.

Deposit interest in Florida

Sources

Frequently asked questions

How much can a landlord charge for a security deposit in Florida?

There is no statutory cap in Florida; the market and the lease decide. Interest is not required: the landlord may hold deposits in a separate non-interest-bearing Florida account, in an interest-bearing Florida account (paying the tenant at least 75% of the account's annualized average interest rate or 5% simple interest, landlord's election, at least annually), or post a surety bond and pay 5% simple interest. No 2024-2026 changes to § 83.49 identified.

What is the maximum late fee for rent in Florida?

There is no statutory maximum in Florida. No statutory cap or grace period; no statute located. Fla. Stat. ch. 83, Part II (including §§ 83.46 and 83.56) contains no late-fee provision. Fees must be in the written lease and are enforceable as liquidated damages only if reasonable (not a penalty). Since HB 1417 (2023), local governments are preempted from regulating the landlord-tenant relationship, including fees. Confirmed via secondary sources. The most common lease figure nationally is 5% of monthly rent, and courts in no-cap states generally accept fees in that range while rejecting ones that look like penalties.

How much notice does a landlord have to give a tenant to move out in Florida?

30 days’ written notice for a month-to-month tenancy. Not less than 30 days' written notice prior to the end of any monthly period, for either party (raised from 15 days by HB 1417, ch. 2023-314, effective July 1, 2023). Week-to-week: 7 days; quarter-to-quarter: 30 days; year-to-year: 60 days. Nonpayment: 3-day notice excluding Saturdays, Sundays and legal holidays (§ 83.56(3)); curable breaches: 7-day notice.

How long is a pay-or-quit notice in Florida?

3 business days. The tenant can stop the eviction by paying the full amount within that time.

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