Florida landlord tenant code: a renter's right under Florida law

The Florida landlord tenant code is the state's main rental-housing law, Part II of Chapter 83, Florida Statutes.

TL;DR: The Florida landlord tenant code is the Florida Residential Landlord and Tenant Act. It covers most home rentals in Florida and tells the landlord what to fix. It tells the landlord how to hold your deposit.

It sets when each side must give notice, and it sets what the landlord may never do. Both sides may sue under the law. This article covers Florida law for a tenant's side.

Florida renters get rights from Chapter 83, Florida Statutes. The short name is the Florida Residential Landlord and Tenant Act, and it covers most home rentals in the state.

Landlord-tenant law can shift state by state. A reader outside Florida should check the law where they live.

What does the Florida landlord tenant code cover?

The Florida landlord tenant code sits in Part II of Chapter 83, Florida Statutes. Section 83.40 gives it a short name, the Florida Residential Landlord and Tenant Act.

Section 83.42 lists what the law does not cover. It does not apply to a hotel, motel, or roominghouse stay. It also does not apply to a condo you own or a co-op lease, and it excludes many assisted-care stays.

Tenant rights florida law gives to a renter

Chapter 83 gives every tenant a set of basic rights. The landlord must keep the home fit to live in. The landlord must hold your security deposit a certain way.

The landlord-tenant laws spell out the rights and responsibilities of each side. The law requires proper notice before many steps. Self-help is not allowed, and section 83.67 bans lockouts and utility shutoffs.

The tenant has legal rights to sue the landlord for actual damages, court costs, and attorney fees. The landlord tenant act lets either the landlord or tenant bring a suit when the other side breaks the law.

Florida landlord laws also set what the tenant must do. Section 83.52covers the tenant's side. It says the tenant must pay the rent on time and keep the home clean.

What does the landlord have to fix and maintain?

Section 83.51sets the landlord's upkeep duties. The landlord must follow every building, housing, and health code that applies. Where none applies, the landlord must keep the home in good repair.

For most rentals, the landlord must also provide a few extra services. The landlord must handle pest control for rats, mice, roaches, ants, and bedbugs. The landlord must supply locks and keys and keep common areas clean.

The landlord must provide heat in winter, running water, and hot water. A single-family home or duplex gets a smaller list. The written lease agreement can change some of these duties for a house or duplex.

Florida landlord tenant law: air conditioning and mold

Chapter 83 does not list air conditioning as its own duty. The law treats it under the building, housing, and health codes the landlord must follow. If the local code requires a working unit, the landlord must keep it running.

The tenant's part is in section 83.52. The tenant must use the air conditioning in a reasonable way, and the tenant must not damage it.

Mold ties into the landlord's duty to meet housing codes and to keep the home fit to live in. A leak or a vent problem that causes mold can be a section 83.51 issue for the landlord to repair.

How does the security deposit work?

Section 83.49 sets the security deposit rules. The landlord must hold the deposit in a Florida bank account or post a surety bond. The landlord must notify the tenant in writing within 30 days of taking it.

That written notice must include the law's basic disclosure text. It must also say whether the tenant may collect interest on the deposit.

When you move out, the law sets firm deadlines for the deposit. If the landlord makes no claim, the landlord must return the security deposit within 15 days. If the landlord does make a claim on the deposit, the landlord must mail written notice within 30 days.

You then have 15 days to object in writing. If you do not object, the landlord may keep the claimed amount. A landlord who misses these deadlines may be liable to the tenant for damages.

When can my landlord enter my home?

Section 83.53 answers this. The landlord may enter to inspect, to make needed repairs, or to supply agreed services. The landlord may also enter to show the home to a buyer or new tenant.

The tenant may not withhold consent without a fair reason. The landlord must give the tenant reasonable notice for a repair, and the law sets 24 hours as reasonable notice.

The lawful hours are 7:30 a.m. to 8:00 p.m. The landlord may enter without notice in a true emergency, or to protect the home itself.

The landlord may enter when the tenant is absent for a long stretch, meaning half a rent period or more. The landlord may not use this right to harass the tenant.

How do I end the lease when the landlord fails to fix something?

Section 83.56 sets this out for the tenant. If the landlord fails to meet a duty, the tenant may give written notice. The notice must say what is wrong and that the tenant plans to end the lease.

The 7-day notice requirement is strict. If the landlord does not fix it in 7 days, the tenant may terminate the lease. That is the termination of the rental agreement for cause.

If the home is not fit to live in, the tenant may leave and owes no rent for that time. If the tenant stays, the rent is lower for the stretch the problem lasts. Section 83.47 says a lease clause that waives this right is void.

What must I do to pay rent and avoid eviction?

Rent is due as the lease sets it. If the lease is silent, section 83.46 says rent is due at the start of each rent period. Paying rent on time keeps you clear of a nonpayment of rent notice.

A failure to pay rent lets the landlord serve a 3-day notice to pay or quit. The 3 days skip Saturday, Sunday, and court holidays. The notice must list the unpaid rent amount and the home's address.

If the tenant does not pay or move out, the landlord may file to evict the tenant. A tenant may not withhold rent as a defense without paying the rent into the court registry under section 83.60.

How do I end a month-to-month lease?

Section 83.57sets the notice periods for a lease without a set end date. For a month-to-month lease, either side must give at least 30 days' written notice before the end of a month.

For a week-to-week lease, the notice is at least 7 days. For a year-to-year lease, the notice is at least 60 days before the end of the year. For a quarter-to-quarter lease, the notice is at least 30 days before the quarter ends.

Each of these notices must be in writing. That is the notice required by the statute itself.

What is a Florida landlord not allowed to do?

Section 83.67 lists the acts a landlord may never do to a tenant. The landlord may not shut off any utility, which covers water, heat, light, gas, elevator, garbage, or refrigeration.

The landlord may not change the locks to keep the tenant out, and the landlord may not use a bootlock. The landlord may not remove outside doors, locks, roofs, walls, or windows, except as part of lawful repair.

The landlord may not remove the tenant's belongings unless the tenant has moved out or a court has ordered eviction. The landlord may not discriminate against a servicemember who wants to rent.

If the landlord breaks any of these rules, the tenant may sue. The court can award actual and consequential damages or three months' rent, whichever is greater. The court can add court costs and attorney fees.

What rights do I have without a written lease?

Chapter 83 still protects you without a written lease. Section 83.46 says the rent period sets how long your tenancy runs.

A monthly payment makes a month-to-month tenancy, and a weekly payment makes a week-to-week tenancy. The landlord's duties under section 83.51 still apply, and the landlord must still keep the home fit to live in.

Your section 83.49 deposit rights still apply. The section 83.67 bans on lockouts and utility shutoffs still apply the same way.

Can a landlord write a lease that gives up these rights?

No. Section 83.47says a lease clause that waives a right in Chapter 83 is void. A clause that tries to limit either side's liability under the law is also void.

If either side loses money because of such a clause, the hurt party may sue for actual damages. A prospective tenant should read the rental agreement before signing and keep a copy after signing.

What this article does not cover

This article covers Florida law only. It does not cover federal fair housing rules on discrimination. It does not cover mobile home parks, which sit in Chapter 723, Florida Statutes.

It does not cover short-term stays in a hotel or motel, which section 83.42 excludes from Part II. For a tenant whose landlord kept the deposit, read our separate guide on a Florida landlord who keeps your security deposit.

Frequently asked questions

Educational only. Not legal advice.

Nothing here is legal services or advice about your situation. I am not available to represent you or to review your case. Reading this article does not create an attorney-client, fiduciary, or advisory relationship. Landlord-tenant law and consumer-protection statutes vary by state. Verify every rule, deadline, and remedy against the law where you live. If you have a problem like the one described above, the strongest protection is a tenant-rights or landlord-tenant attorney licensed in your state. Many consumer-protection statutes include fee-shifting and damages multipliers, which often makes representation affordable.