Florida Landlord Laws in 2026: What’s Changed and What You Need to Know
Most landlords have no idea how much Florida law has changed recently. Seriously. If you’re managing property in Florida, some of these new rules could directly impact your business. Let’s break down what you absolutely need to know.
Florida has become landlord-friendly in many ways. No statewide rent control. Flexible security deposit rules. But here’s the thing — stay with me here — the state has tightened up other areas significantly. New email notice rules. Strict security deposit timelines. Tenant protections you might not expect.
What Is the Florida Residential Landlord Tenant Act?
Think of it as the rulebook for everything landlord-tenant. It’s the state law that governs rental agreements, security deposits, evictions, and property maintenance. Pretty straightforward.
The law applies whether you have a written lease or not. If someone pays you rent to live in an apartment, house, condo, or mobile home, Florida law covers it. Period. This law even takes priority over what your lease says. You can’t ignore it, even if you wanted to.
The good news? This law actually protects landlords pretty well. Florida is known as a landlord-friendly state. But you still need to follow the rules — or you’ll lose rights you thought you had.
Security Deposits: The Strict Timeline You Can’t Miss
Okay, this one’s important. Security deposits in Florida come with very specific deadlines. Miss them, and you forfeit your right to keep any of that money.
Here’s how it works. When a tenant moves out, you have 15 days to return their full deposit if you’re not making any deductions. That’s it. If you want to keep any money, you must serve them a written notice within 30 days of move-out. This notice needs to explain exactly what you’re deducting and why.
Once you send that notice, the tenant gets 15 days to object. If they don’t respond, you can deduct your claim and return the rest. Miss the 30-day window? Honestly, this is the part most landlords miss. You lose the right to keep anything. You must return the full deposit.
What you can deduct from deposits:
You can claim money for unpaid rent. Damaged walls, broken fixtures, or serious cleaning issues? Those count too. Damaged appliances, carpet stains that won’t come out, or broken windows — all fair game. You cannot deduct normal wear and tear. That’s the tricky part for many landlords.
How to store deposits:
Florida law requires you to keep deposits in a separate account. You have three options. First, an interest-bearing account (you credit tenants with 75% of the interest or 5% simple interest yearly). Second, a non-interest bearing account (deposits only, nothing else). Third, a security bond with a licensed surety company.
Here’s where it gets better. Florida doesn’t cap what you can charge for a deposit. While most landlords ask for one to two months’ rent, you can charge more if you want. Just be reasonable — especially if you’re screening tenants with lower credit scores.
Month-to-Month Tenancies: New Notice Rules
Not sure what counts as proper notice? Let me break it down.
If you have a month-to-month tenant, Florida law now requires 30 days’ written notice to terminate the agreement. This applies whether the landlord or tenant is ending things. The notice should end with a rental period (like giving notice on the 1st to end on the last day of that month).
Starting July 1, 2025, both you and your tenant can agree to send notices by email instead of mail. But both parties have to consent in writing first. You can’t just switch. And here’s the key — keep proof that they received it. If it bounces, you need to re-serve.
This change matters because older leases might say “one half the time remaining.” That language isn’t required anymore. Ditch it. It causes confusion.
New Fee-In-Lieu Deposits (The Alternative to Traditional Deposits)
You’re gonna love this one. Florida now lets you charge a non-refundable fee instead of taking a traditional security deposit. Or you can allow installment deposits (payments over time).
Think of it like a traffic ticket — it’s a one-time charge that doesn’t come back. You disclose the fee upfront, the tenant pays it, and that’s done. Usually, it’s non-refundable. If damages exceed the fee amount, you can still sue for the difference.
Why use a fee instead?
It simplifies things for tenants who don’t have a lot of cash upfront. It streamlines your process. But you have to disclose it clearly in the lease. No surprises.
Rent Payment and Late Fees: Changes Coming
This part might change soon — and you should know about it. A proposed bill (SB 716) would give tenants five days to pay overdue rent without penalty. Currently it’s three days.
The bill would also make certain late fees void. Specifically, landlords couldn’t charge fees during that five-day grace period. And they couldn’t impose ongoing monthly fees for a previous late payment.
Is this law final? Not yet. But it’s expected to pass and take effect July 1, 2026. Seriously, prepare for this. Update your lease agreements now.
Landlord Responsibilities: The Basics You Can’t Skip
Here’s what the law requires from you as a landlord. You must keep the property habitable. That means working plumbing, electricity, heat — the essentials. If the property violates housing codes, you’re required to fix it.
You can only enter the rental unit to inspect, make repairs, or with the tenant’s permission. And you need reasonable notice first. No surprise visits. If there’s an emergency (fire, flood, gas leak), you can enter without notice.
You cannot shut off utilities, lock the tenant out, or remove their belongings. Only the sheriff can do that after a court order. This is called “self-help eviction” and it’s illegal in Florida. You will lose this battle in court.
Tenant Rights: What You Need to Respect
Tenants have the right to peaceful, private possession. Once they move in, the place is theirs to use lawfully. You can’t harass them or punish them for asserting their rights.
If the landlord fails to make repairs, non-residential tenants can withhold rent. But here’s the important part — they must give you written notice. If you don’t fix it after 20 days, then they can withhold rent. If you still refuse, they can abandon the property and keep the withheld rent.
Residential tenants have similar rights, but the process is different. They typically can’t just withhold rent without court approval. Always check current rules for your tenant type.
Evictions: The Only Legal Way to Remove a Tenant
Hold on, this part is critical. You cannot evict a tenant without going through the court system. Period.
When can you evict?
If the tenant fails to pay rent. If they violate the lease (and don’t fix it after proper notice). If they stay past the lease term without permission. These are the main reasons.
The process:
First, you serve a notice to cure (asking them to fix the problem) or a notice to vacate (asking them to leave). If they ignore it, you file a complaint with the county court. They get served with the complaint and have 5 days to respond. If they don’t respond or lose, the court issues a writ of possession. Only then can the sheriff remove them.
Don’t try to lock them out, remove their stuff, or shut off utilities while waiting for court. That’s illegal self-help eviction. It will backfire, and you could face fines.
Curable vs. Non-Curable Violations: Know the Difference
Confused about which lease violations give tenants a chance to fix things? Let me break it down.
Curable violations are ones the tenant can stop. Loud music after 10 p.m.? Curable. Too many guests? Curable. Parking illegally on the property? Curable. Pet policy violations? Usually curable. These need a “notice to cure” first.
Non-curable violations are serious. Intentional property damage. Assaulting other tenants. Dealing drugs from the unit. Repeated disturbances after being warned. These don’t get a do-over. You can evict immediately with a “notice to vacate.”
Special Circumstances: Extra Rules You Should Know
Foreclosure and tenant protections:
If the property gets foreclosed, tenants might have federal protections. The Protecting Tenants at Foreclosure Act says tenants can usually stay until their lease ends. But if the new owner will live there or the lease started after foreclosure notice, they only get 90 days to vacate.
Military members:
If a prospective tenant is on active military duty, you can’t charge application fees or background check fees if you reject them. This is a federal protection, not state law. But follow it anyway.
Accessibility and fair housing:
Florida follows federal Fair Housing Act rules. You can’t discriminate based on race, color, religion, national origin, sex, disability, or familial status. Not following this is serious. Really serious. Document everything and apply the same screening criteria to all applicants.
Email Notices: The Modern Option (With Rules)
Starting July 1, 2025, you can send legal notices by email — but only if both parties agree in writing first.
The notice has to be clear and arrive in their inbox. Both parties can be using email. But if it bounces or they say they didn’t receive it, you need to re-serve in person or by mail. Keep proof of delivery. Screenshots help.
This works for deposit claim notices, cure notices, lease termination notices — basically most landlord-tenant communications. Pretty convenient.
How to Stay Compliant: Your Action Plan
You’re not alone. This confuses a lot of landlords. Here’s what to do right now.
First, update your lease agreements to reflect the 30-day month-to-month notice rule. Add language about email notices if you plan to use them. Include the security deposit disclosure clearly.
Second, if you’re using deposits, make sure they’re in the right account (separate, properly disclosed). Document everything. Write it down. Keep emails. Take photos of move-in and move-out conditions.
Third, create a system for those critical deadlines. Mark your calendar: 30 days to send a deposit claim notice. 15 days for the tenant to object. 15 days to return remaining funds. Missing these deadlines costs you money.
Fourth, standardize your tenant screening. Use the same application form for everyone. Document your criteria. Send adverse-action letters if you reject applicants. This protects you against fair housing claims.
Fifth, if you’re planning to use the new non-refundable fee option instead of deposits, update your documents and communicate this clearly to prospective tenants.
When in doubt, talk to a real estate attorney. One hour of legal advice is cheaper than losing deposit rights or getting sued for illegal self-help eviction.
Penalties for Breaking These Rules
What happens if you mess up? It varies.
Failing to return deposits on time? Tenants can sue you for the deposit amount plus court costs and attorney fees. That gets expensive fast.
Illegal self-help eviction? You could face damages, attorney fees, and possibly a fine. Plus the tenant can stay.
Discriminating against a tenant? You’re looking at federal fair housing violations. Those come with serious penalties.
Not following proper eviction procedures? The eviction gets thrown out. The tenant stays. You lose time and money.
Frequently Asked Questions
Do I have to use traditional security deposits, or can I use the fee-in-lieu option?
You can choose either one. Just disclose it clearly in the lease and follow the rules for whichever you pick. If you use a fee, it’s usually non-refundable.
Can a tenant use their security deposit as last month’s rent?
Not unless the lease specifically says so in writing. If they try without permission, that’s a lease violation.
What if a tenant gets evicted? Do I still have to follow the deposit rules?
Yes. Courts consistently hold that eviction doesn’t eliminate the security deposit requirements. You still have 30 days to send a claim notice.
Can I charge application fees for military service members on active duty?
No. Federal law prohibits this. You also can’t charge background check fees if you reject them because of military status.
What’s considered “normal wear and tear” that I can’t deduct from deposits?
Faded paint, light carpet wear, small nail holes, minor scuffs on walls. These are normal after someone lives there. You cannot deduct for these.
Final Thoughts
Now you know the basics. Stay informed on local rules too — your city or county might have stricter laws than the state. When in doubt, look it up or ask a lawyer. One consultation now can save you thousands later.
Florida’s landlord laws are actually pretty reasonable compared to other states. But they’re strict on the details. Follow the timelines, document everything, and treat tenants fairly. That’s the formula for staying out of trouble.
References
Florida Department of Agriculture & Consumer Services – Landlord/Tenant Law: https://www.fdacs.gov/Consumer-Resources/Landlord-Tenant-Law-in-Florida
Florida Statutes Chapter 83 (Florida Residential Landlord Tenant Act): https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html
Florida Bar – Rights and Duties of Tenants and Landlords: https://www.floridabar.org/public/consumer/tip014/
Bay Area Legal Services – Florida Renters Rights Guide: https://bals.org/help/resources/tenants-handbook
Innago – Florida Landlord Tenant Laws (2025 Update): https://innago.com/florida-landlord-tenant-laws/
Nest Finders – Florida Lease Law Changes for 2026: New Notice Rules and Security Deposit Alternatives: https://www.nestfinders.com/blog/florida-lease-law-changes-for-2026-new-notice-rules-and-security-deposit-alternatives
Florida Legislature – SB 716 Late Fee Proposal: https://www.flsenate.gov/