Florida's rental market has been one of the fastest-moving in the country, with significant legislative changes in 2023 that affect tenants' rights. Understanding Florida's landlord-tenant law (Florida Statutes Chapter 83) is essential before signing any residential lease. This guide covers the key issues Florida renters face in 2025.
No Rent Control in Florida (Post-2023)
In 2023, the Florida Legislature passed SB 102, which effectively pre-empted all local rent control ordinances. Despite a 2022 referendum in Orange County approving a rent stabilisation measure, the new state law nullifies it. As a result, there is no rent control anywhere in Florida — landlords can charge market rate rents and increase them at renewal without statutory limits.
This makes your fixed lease term your primary protection against rent increases. Review any renewal provisions carefully. If the lease includes automatic rent escalation clauses (e.g., "rent increases 5% annually"), understand these fully before signing.
Security Deposit Rules
Under Florida Statute § 83.49, a landlord who holds a security deposit must either:
- Hold it in a separate, non-interest-bearing account in a Florida bank, or
- Hold it in an interest-bearing account and pay the tenant 75% of the interest earned, or
- Post a surety bond with the Clerk of the Circuit Court
Within 30 days of receiving your deposit, the landlord must notify you in writing of which method they are using and the name and address of the institution holding it. The deposit must be returned within 15 days of the tenancy ending (if no deductions are claimed) or within 30 days with an itemised list of deductions.
Respond quickly: If your landlord sends you a deductions claim, you have 15 days to object in writing. If you do not object within 15 days, you forfeit your right to dispute the deductions.
Hurricane and Evacuation Clauses
Florida's unique geography means leases sometimes include provisions relating to hurricanes, mandatory evacuations, and natural disasters. Look for clauses that:
- Clarify who is responsible for hurricane shutters (installation and closure)
- Address rent obligations if the property becomes uninhabitable due to a hurricane
- State what happens to the lease if a mandatory evacuation is ordered
- Require or prohibit subletting during evacuations
Under Florida Statute § 83.63, if the premises become uninhabitable through no fault of the tenant, the tenant may terminate the lease immediately. However, partial uninhabitability is more complex. Ensure your lease does not attempt to waive this right.
Landlord Entry Rights in Florida
Florida Statute § 83.53 requires landlords to give at least 12 hours' notice before entering the dwelling for non-emergency repairs or inspections. Entry must be at reasonable times (7am to 8pm, unless agreed otherwise). Emergencies permit immediate entry. Unlike California, Florida does not require the notice to be in writing, but written notice is still best practice.
Watch for this: Lease clauses allowing entry "at any time with or without notice" are void under Florida law. Any such clause should be struck through before signing.
Landlord's Obligation to Maintain Habitable Premises
Under Florida Statute § 83.51, landlords must comply with applicable building, housing, and health codes. Where no code exists, the landlord must maintain the roofs, windows, screens, floors, steps, porches, exterior walls, foundations, and all structural components in good repair. They must also maintain plumbing, heating, and cooling equipment (if provided), and exterminate insects and pests.
If the landlord fails to maintain the property, you must give seven days' written notice by certified mail. If the landlord fails to comply, you have specific remedies including termination of the lease and rent withholding under a court process.
Lease Termination and Notice Requirements
For fixed-term leases, neither party can typically end the tenancy early without cause. For periodic (month-to-month) tenancies, 15 days' written notice is required from either party to terminate at the end of a monthly period. Week-to-week tenancies require seven days' notice. Always give notice in writing and keep a copy.
Renter's Insurance Clauses
Florida leases frequently include requirements to maintain renter's insurance. Read these carefully — they should specify the minimum coverage amount and whether the landlord must be listed as an "interested party." Renter's insurance in Florida is typically inexpensive ($15–$30/month) and genuinely valuable given hurricane exposure.
Check your Florida lease for red flags
LeaseScan scans your rental agreement for unlawful entry provisions, illegal deposit clauses, problematic hurricane provisions, and other Florida-specific issues.
Scan My Lease →Disclaimer: This article is for informational purposes only. Florida landlord-tenant law changes frequently. Consult a qualified Florida attorney for advice specific to your situation.