100 Florida Landlord-Tenant Questions Answered | Shipplaw

Ryan S. Shipp, Esquire

14 hours ago

100 Questions and Answers for Florida Landlords

Residential Tenancies — Chapter 83, Part II, Florida Statutes

Florida landlord-tenant law contains strict requirements concerning leases, rent collection, security deposits, notices, repairs, tenant violations, and eviction procedure. This guide answers 100 of the most common questions Florida residential landlords encounter. It is based primarily on Part II of Chapter 83, Florida Statutes, and is intended to help landlords identify issues before they become expensive disputes.

Written and reviewed by Ryan S. Shipp, Esq.
Florida landlord and eviction attorney

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Scope, Leases, and Basic Rules

What law primarily governs residential landlord-tenant relationships in Florida?

Part II of Chapter 83, Florida Statutes, commonly called the Florida Residential Landlord and Tenant Act. It generally governs rentals of dwelling units, subject to statutory exclusions. See §§ 83.40-.683, Fla. Stat.

Does Chapter 83 apply to every residential occupancy arrangement?

No. Section 83.42 excludes certain arrangements, including specified institutional housing, hotel or motel transient occupancy, certain condominium or cooperative occupancy, and qualifying occupancy under a contract for sale.

Can a landlord and tenant waive Chapter 83 by putting different language in the lease?

Generally no. A lease may allocate certain responsibilities where the statute permits, but it cannot waive statutory notice requirements or include prohibited provisions that waive rights or remedies established by law. See §§ 83.47 and 83.56(4), Fla. Stat.

What does Florida law require regarding good faith?

Every duty under the Residential Landlord and Tenant Act and every act required as a condition to exercising a right or remedy must be performed in good faith. See § 83.44, Fla. Stat.

Can a court refuse to enforce an unconscionable lease provision?

Yes. If a court finds a rental agreement or provision unconscionable when made, it may refuse enforcement, enforce the remainder without the provision, or limit the provision to avoid an unconscionable result. See § 83.45, Fla. Stat.

Who is considered a landlord under Chapter 83?

A landlord is the owner or lessor of a dwelling unit. The term may also include a person authorized to exercise the landlord’s rights under the rental agreement. See § 83.43, Fla. Stat.

Who is considered a tenant?

A tenant is a person entitled to occupy a dwelling unit under a rental agreement. See § 83.43, Fla. Stat.

What is a rental agreement?

It is a written or oral agreement for use and occupancy of a dwelling unit. Written leases are strongly preferred because they better establish rent, duration, obligations, fees, and remedies. See § 83.43, Fla. Stat.

Must a residential lease be written?

Not always. Florida recognizes oral rental agreements, but the statute of frauds may affect agreements that cannot be performed within one year. Written leases are significantly easier to enforce and prove.

Does Florida preempt local governments from regulating residential landlord-tenant matters?

Florida has broadly preempted regulation of residential tenancies and the landlord-tenant relationship to the state. Local building, housing, health, and safety codes may still apply. See § 83.425, Fla. Stat.

Rent and Termination of Tenancies

When is rent due if the lease does not specify a due date?

Unless otherwise agreed, periodic rent is payable at the beginning of each rental period without demand or notice. Rent is apportioned day to day. See § 83.46(1), Fla. Stat.

How is the duration of an unwritten tenancy determined?

The period for which rent is payable generally determines the tenancy. Monthly rent usually creates a month-to-month tenancy; weekly rent generally creates a week-to-week tenancy. See § 83.46(2), Fla. Stat.

How much notice is required to terminate a month-to-month tenancy?

At least 30 days’ written notice before the end of a monthly period. The termination date should align with the end of the rental period. See § 83.57(3), Fla. Stat.

How much notice is required to terminate a week-to-week tenancy?

At least 7 days’ written notice before the end of a weekly period. See § 83.57(4), Fla. Stat.

How much notice is required to terminate a quarter-to-quarter tenancy?

At least 30 days’ written notice before the end of a quarterly period. See § 83.57(2), Fla. Stat.

How much notice is required to terminate a year-to-year tenancy?

At least 60 days’ written notice before the end of the annual period. See § 83.57(1), Fla. Stat.

Can a fixed-term lease require advance notice of nonrenewal?

Yes, but the provision must be reciprocal: if the tenant must give notice, the landlord must also give notice within the same period. The required notice may not exceed 60 days. See § 83.575(1), Fla. Stat.

Can a landlord charge a tenant for failing to give a contractually required nonrenewal notice?

Potentially, if the lease complies with § 83.575 and the landlord timely gives the statutory reminder notice. The lease should clearly state the liability and the landlord should strictly comply with the statute.

What happens when a tenant remains after the lease expires without permission?

The landlord may file an action for possession. The landlord may also seek double rent for the holdover period when the statutory requirements are met. See §§ 83.58 and 83.59, Fla. Stat.

Does accepting rent after lease expiration create a new tenancy?

It can. Acceptance of rent may support an argument that the landlord consented to continued occupancy or created a new periodic tenancy, depending on the lease, communications, and reservation of rights.

Disclosures, Screening, and Lease Administration

What must a landlord disclose at or before the start of the tenancy?

The landlord or authorized agent must disclose in writing the name and address of the landlord or a person authorized to receive notices and demands. See § 83.50, Fla. Stat.

Can statutory notices be delivered by email?

Yes, when the parties have signed the statutory electronic-delivery addendum and complied with § 83.505. Ordinary email alone should not be assumed sufficient without that agreement.

What should an electronic-notice addendum include?

It should substantially follow the statutory form, identify the agreed email addresses, explain that notices may be sent electronically, and preserve proof of transmission. See § 83.505, Fla. Stat.

Is a landlord required to disclose flood risk?

For covered residential rentals, the landlord must provide the statutory flood-risk disclosure before or at execution of the rental agreement. See § 83.512, Fla. Stat.

Should a landlord disclose known prior flooding even if the property is not in a designated flood zone?

Yes, when required by § 83.512. The statutory disclosure focuses on known flood history and warns that renters’ insurance may not cover flood damage.

May a landlord collect a rental application fee?

Generally yes, subject to the lease, fair-housing laws, consumer-reporting requirements, and any applicable screening rules. Charges should be disclosed and consistently applied.

Can a landlord reject an applicant based on a consumer report?

Potentially, but federal Fair Credit Reporting Act requirements may require an adverse-action notice. Screening standards must also comply with federal and state fair-housing laws.

Are servicemember rental applications subject to special timing rules?

Yes. Section 83.683 establishes expedited processing requirements for certain servicemember rental applications and provides remedies for noncompliance.

May a landlord require renters’ insurance?

Generally yes if the requirement is lawful, stated in the lease, consistently enforced, and does not conflict with subsidized-housing rules or other applicable law.

Can a landlord prohibit pets?

Generally yes, but disability-related assistance animals are not pets. Reasonable-accommodation duties under fair-housing laws may require an exception to a no-pet rule and prohibit pet fees for a qualifying assistance animal.

Security Deposits and Advance Rent

How may a Florida landlord hold a security deposit or advance rent?

The landlord may hold the funds in a separate non-interest-bearing Florida account, in a separate interest-bearing Florida account with required interest treatment, or post a qualifying surety bond. See § 83.49(1), Fla. Stat.

Must security-deposit funds be kept separate from the landlord’s own money?

Yes, unless the landlord uses the statutory surety-bond option. Deposit money and advance rent generally may not be commingled with personal funds or used before becoming due. See § 83.49, Fla. Stat.

When must the landlord disclose how the deposit is being held?

The disclosure must be in the lease or provided within 30 days after receipt of the deposit or advance rent. See § 83.49(2), Fla. Stat.

What information must the deposit disclosure contain?

It generally must identify the depository or state that a surety bond is posted, state whether interest is payable, and include the statutory disclosure language. See § 83.49(2), Fla. Stat.

Must the landlord notify the tenant if the deposit account changes?

Yes. The landlord generally must notify the tenant within 30 days after changing the manner or location in which the deposit is held. See § 83.49(2), Fla. Stat.

When must a landlord return a security deposit if no claim is made?

Within 15 days after the tenant vacates at the end of the tenancy, the landlord must return the deposit with interest if applicable. See § 83.49(3)(a), Fla. Stat.

How long does a landlord have to send a notice of intent to impose a claim on the deposit?

The landlord must send the statutory notice by certified mail to the tenant’s last known mailing address within 30 days after the tenant vacates. See § 83.49(3)(a), Fla. Stat.

What happens if the landlord misses the 30-day deposit-claim deadline?

The landlord forfeits the right to impose a claim against the deposit, although the landlord may still pursue a separate damages action. See § 83.49(3)(a), Fla. Stat.

How long does the tenant have to object to a deposit claim?

The statutory notice gives the tenant 15 days after receipt to object in writing. See § 83.49(3)(a), Fla. Stat.

When may the landlord deduct the claimed amount after sending the notice?

If the tenant does not timely object, the landlord may deduct the claim and must remit the balance within 30 days after the notice of intention to impose the claim. See § 83.49(3)(a), Fla. Stat.

What address should the landlord use for a security-deposit claim notice?

The tenant’s last known mailing address. A prudent lease and move-out process should require the tenant to provide a forwarding address.

Can a landlord charge for ordinary wear and tear?

No. A security deposit may be used for tenant-caused damage beyond ordinary wear and tear, unpaid rent, and other lawful lease charges, but not normal deterioration from ordinary use.

Can a landlord charge a fee instead of a security deposit?

Yes, if the landlord offers a fee-in-lieu arrangement that complies with § 83.491. The arrangement must be voluntary and accompanied by required disclosures.

Does a fee in lieu of a security deposit eliminate the tenant’s liability for damage or unpaid rent?

No. Unless the written agreement expressly provides otherwise, the fee generally does not cap or eliminate the tenant’s liability for amounts otherwise owed.

Should move-in and move-out inspections be documented?

Yes. Dated photographs, video, inspection forms, invoices, and repair records are critical evidence when a deposit claim or damages case is disputed.

Maintenance, Access, and Tenant Duties

What are a landlord’s basic maintenance duties?

The landlord must comply with applicable building, housing, and health codes. If no codes apply, the landlord must maintain specified structural components and plumbing in reasonable working condition. See § 83.51(1), Fla. Stat.

What services must a landlord of a multifamily dwelling generally provide?

Unless lawfully modified in writing where permitted, the landlord generally must provide pest extermination, locks and keys, common-area safety and cleanliness, garbage removal and receptacles, and functioning heat and hot water. See § 83.51(2), Fla. Stat.

Is air conditioning always a statutory landlord obligation in Florida?

Not automatically under the statewide text of § 83.51 merely because the property is residential. A lease, local code, housing program, or other law may impose an air-conditioning obligation.

Can a single-family-home lease shift some maintenance duties to the tenant?

Yes. For a single-family home or duplex, the parties may modify certain landlord duties in writing. The agreement should be specific and consistent with applicable codes. See § 83.51(1)(b), Fla. Stat.

Can a multifamily lease shift pest control or garbage duties to the tenant?

Certain duties under § 83.51(2) may be modified by a separate written agreement supported by adequate consideration, but statutory and code limits still apply.

What should a landlord do after receiving a repair complaint?

Promptly document the complaint, inspect when appropriate, communicate access arrangements, determine responsibility, and make required repairs within a reasonable time based on severity.

Can a tenant withhold rent without giving notice?

Ordinarily no. To rely on landlord noncompliance as a basis to withhold rent, the tenant generally must give a written 7-day notice specifying the noncompliance and stating the intent to withhold rent if it is not corrected. See § 83.56(1), Fla. Stat.

Does every defect allow a tenant to stop paying all rent?

No. The noncompliance must be material, the tenant must satisfy statutory notice requirements, and the remedy may depend on whether the unit is untenantable or merely has reduced rental value.

May a landlord enter to make repairs?

Yes. The tenant may not unreasonably withhold consent for inspections, repairs, services, or showings. Entry must comply with § 83.53 and may not be used to harass the tenant.

How much notice is generally required for a landlord’s nonemergency entry?

Reasonable notice is required. For repairs, reasonable notice is generally at least 24 hours, and entry should occur at a reasonable time, commonly between 7:30 a.m. and 8:00 p.m. See § 83.53(2), Fla. Stat.

When may a landlord enter without advance notice?

The landlord may enter at any time to protect or preserve the premises, with the tenant’s consent, in an emergency, when the tenant unreasonably withholds consent, or when the tenant is absent for a qualifying period. See § 83.53, Fla. Stat.

Can repeated inspections become unlawful?

Yes. A landlord may not abuse the right of access or use entry to harass the tenant. Frequency, purpose, timing, notice, and manner all matter.

What duties does a tenant have regarding cleanliness and damage?

The tenant must keep the unit clean and sanitary, remove garbage, keep plumbing fixtures clean, use facilities reasonably, avoid damaging the premises, and avoid disturbing neighbors. See § 83.52, Fla. Stat.

Is a tenant responsible for damage caused by guests?

Yes. Section 83.52 includes conduct by the tenant’s family members and guests. The lease should also expressly address occupant and guest responsibility.

Can a landlord require the tenant to report leaks or maintenance issues?

Yes. A reasonable lease provision requiring prompt written notice helps prevent avoidable damage, but it does not eliminate the landlord’s independent statutory obligations.

Eviction Notices and Lease Violations

What notice is required for nonpayment of residential rent?

A written 3-day notice demanding payment of the rent or possession. Saturdays, Sundays, and legal holidays are excluded from the calculation. See § 83.56(3), Fla. Stat.

When may a 3-day notice be served?

After the rent is due and unpaid. Serving the notice before default risks making it premature.

What amounts may be included in a 3-day notice?

Rent and charges that the lease lawfully defines as additional rent may potentially be included. Damages, attorney’s fees, court costs, and other non-rent items should not be included.

Can late fees be included in a 3-day notice?

Only with caution. The lease should clearly and lawfully designate the charge as additional rent, and the amount must be accurately calculated and enforceable.

How may a 3-day notice be delivered?

By mailing, delivering a copy to the tenant, or leaving a copy at the residence if the tenant is absent. Electronic delivery may be used only in compliance with § 83.505.

Should extra days be added when a 3-day notice is mailed?

Yes. Mailing affects the response period under applicable procedural rules. Many landlord attorneys avoid uncertainty by hand delivery or posting when statutorily permitted.

Must the notice identify where payment can be made?

The statutory form includes the name, address, and telephone number of the landlord or agent to whom payment is made. The notice should clearly tell the tenant how and where to cure.

What happens if the tenant tenders the full lawful amount during the 3-day period?

The landlord generally must accept a proper full tender, and the nonpayment basis for termination is cured. Partial payment raises separate waiver and notice issues.

What is a 7-day notice to cure?

It is the notice used for a material but curable lease or statutory violation. It must describe the specific noncompliance and give the tenant 7 days to correct it. See § 83.56(2)(b), Fla. Stat.

What is a 7-day notice of termination without an opportunity to cure?

It is used for serious noncurable conduct, such as intentional destruction, damage, misuse, or a subsequent or continued unreasonable disturbance. It terminates the tenancy and requires the tenant to vacate within 7 days. See § 83.56(2)(a), Fla. Stat.

How specific must a lease-violation notice be?

Specific enough to tell the tenant what occurred, when it occurred, and what lease or statutory duty was violated. Vague accusations can be insufficient.

Can a landlord evict for a repeated curable violation?

Yes. If the same noncompliance recurs within 12 months after a proper warning notice, the landlord may terminate without giving another opportunity to cure. See § 83.56(2)(b), Fla. Stat.

Should a landlord identify witnesses, dates, and incidents in a violation notice?

Yes, when available. Detailed factual notices are easier to prove and less vulnerable to claims that the tenant lacked an adequate opportunity to cure.

Can a landlord rely at trial on violations not stated in the notice?

Usually the possession case should be based on the conduct identified in the termination notice and complaint. New or unrelated violations may require a separate notice or amendment.

Does accepting rent after a known lease violation waive eviction?

It can. Acceptance of rent with knowledge of the violation may create a waiver issue unless the landlord has a valid reservation of rights or other statutory basis to proceed.

Can a lease waive the statutory 3-day or 7-day notice?

No. The notice requirements in § 83.56 may not be waived in the rental agreement. See § 83.56(4), Fla. Stat.

Eviction Procedure and Court Registry

Where is a residential eviction filed?

In the county where the rental property is located, generally in county court, subject to jurisdictional and pleading issues. See §§ 34.011 and 83.59, Fla. Stat.

What must be attached to an eviction complaint?

Ordinarily the written lease, if any, and the applicable termination notice. The complaint should allege the tenancy, breach, notice, continued possession, and property address.

Can a landlord combine possession and money-damages claims?

Yes. A complaint may contain a possession count and a separate count for unpaid rent, damages, fees, and costs. Different service and response rules apply to the damages count.

How quickly must a tenant answer the possession count?

The tenant generally has 5 days, excluding Saturdays, Sundays, and legal holidays, after service to respond under summary procedure. See § 51.011, Fla. Stat.

How long does a tenant have to answer a separate damages count?

Generally 20 days after proper service, unless a different authorized procedure applies.

Can the summons and complaint be posted on the premises?

For possession, posting may be permitted after the process server makes at least two unsuccessful attempts at least 6 hours apart to serve the tenant as required by § 48.183.

Does posted service support a personal money judgment?

No. Posted service generally supports the in rem possession claim only. A money judgment requires personal or legally sufficient substitute service. See § 83.625, Fla. Stat.

Must every named tenant be served?

Yes. Each tenant against whom possession or personal relief is sought should be properly served.

Can a property manager file an eviction without a lawyer?

A properly authorized property manager may handle a strictly uncontested residential nonpayment eviction within the limits approved by the Florida Supreme Court. Once contested or requiring a hearing, counsel is generally required for a corporate landlord.

What happens if the tenant files an answer but does not deposit rent?

Except for a payment defense or a legally sufficient motion to determine rent, failure to deposit accrued rent and rent as it comes due generally waives possession defenses and requires an immediate default judgment for removal. See § 83.60(2), Fla. Stat.

What rent must the tenant deposit into the court registry?

The accrued rent alleged in the complaint, or the amount determined by the court, plus rent that accrues during the case when due. See § 83.60(2), Fla. Stat.

What is a motion to determine rent?

A tenant’s motion disputing the amount of rent to be deposited. It must be supported by documentation showing why the complaint’s amount is incorrect. See § 83.60(2), Fla. Stat.

Does filing a counterclaim excuse the tenant from depositing rent?

No. A counterclaim generally does not excuse compliance with the registry requirement for the possession case.

What is the effect of failing to deposit rent?

The statute treats it as an absolute waiver of defenses to possession other than payment, and the court must enter a default judgment for removal without further hearing. See § 83.60(2), Fla. Stat.

Remedies and Special Situations

Can the landlord obtain registry funds before final judgment?

The landlord may move for disbursement under § 83.61. The court must give priority to determining the landlord’s right to funds and to promptly setting a final hearing.

Can either side demand a jury trial in an eviction?

Yes, for triable factual issues, if the demand is timely and the right has not been waived.

What must the landlord prove at an eviction trial?

The tenancy, the tenant’s breach or expiration of the tenancy, proper statutory and contractual notice, continued possession, and the landlord’s superior right to possession.

What does the final judgment for possession authorize?

It authorizes issuance of a writ of possession directing the sheriff to restore possession to the landlord. See §§ 83.59 and 83.62, Fla. Stat.

How long does a tenant have after the sheriff posts the writ of possession?

The sheriff gives 24 hours’ notice by posting the writ. After that period, the sheriff may place the landlord in possession. See § 83.62(2), Fla. Stat.

What happens to personal property left after execution of the writ?

The landlord may remove the property to or near the property line. The landlord is not liable to the tenant or others for loss, destruction, or damage after removal as provided by § 83.62(2). Other abandonment statutes and lease language may also matter before a writ is executed.

Can a landlord change the locks before obtaining a writ of possession?

No, unless the tenant has surrendered or legally abandoned the premises. Lockouts and other self-help measures can violate § 83.67.

Can a landlord shut off utilities to force a tenant out?

No. A landlord may not directly or indirectly terminate or interrupt utility services furnished to the tenant, except for emergency, safety, or lawful repair reasons. See § 83.67.

Can a landlord remove doors, locks, roofs, walls, or windows to force a move-out?

No. Section 83.67 prohibits these forms of constructive eviction and self-help.

What damages can a tenant recover for prohibited self-help?

Actual and consequential damages or 3 months’ rent, whichever is greater, plus costs and attorney’s fees. See § 83.67(6), Fla. Stat.

Primary Authorities Consulted

Chapter 83, Part II, Florida Statutes (2025 codified statutes).
Chapter 51, Florida Statutes (summary procedure).
Section 48.183, Florida Statutes (service in residential eviction actions).
Federal fair-housing, consumer-reporting, subsidized-housing, bankruptcy, and foreclosure protections where noted.

About Ryan S. Shipp, Esq.
Ryan S. Shipp is a Florida attorney whose practice includes residential and commercial evictions, unlawful detainer, ejectment, mobile home tenancies, and association possession matters. He has represented Florida landlords and property owners since 2008.

Legal Disclaimer: This page provides general information about Florida landlord-tenant law and is not legal advice. Reading this page, submitting a website form, or contacting the firm does not create an attorney-client relationship. Laws, court procedures, local requirements, lease provisions, and the facts of each matter may affect the proper course of action. Do not act or refrain from acting based solely on this information. Consult qualified Florida counsel concerning your particular matter.

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