Key Takeaways
- ✓Florida Statute 83 (Part II) governs all residential landlord-tenant relationships in the state.
- ✓Security deposits must be held in a separate account or surety bond — you have 15 days to return (no deductions) or 30 days to send written notice of deductions.
- ✓You must give tenants at least 12 hours written notice before entering the property (except emergencies).
- ✓The eviction process requires specific notices served in the correct order — skipping a step gets your case dismissed.
- ✓Florida has no rent control — you can charge and increase rent by any amount with proper notice.
Security Deposit Rules (Statute 83.49)
Security deposit handling is where more Florida landlords get into legal trouble than any other area. The statute is specific and the penalties for non-compliance are severe.
Holding the Deposit
You have three options for holding a security deposit in Florida:
- Separate non-interest-bearing account at a Florida banking institution. This is the most common method. The account must be separate from your personal or business operating funds.
- Separate interest-bearing account at a Florida banking institution. If you choose this option, you must pay the tenant either 75% of the annualized average interest rate or 5% simple interest per year — whichever is less.
- Surety bond posted with the clerk of the circuit court in the county where the property is located. The bond must equal the total deposit amount, and you pay the tenant 5% simple interest per year.
Within 30 days of receiving the deposit, you must notify the tenant in writing of: where the deposit is held (bank name and address), whether it is interest-bearing or non-interest-bearing, and the rate of interest if applicable.
Returning the Deposit
This is the part that catches landlords. There are two timelines:
15 days — no deductions
If you have no claim against the deposit, you must return the full amount within 15 days of the tenant vacating and returning keys.
30 days — with deductions
If you intend to deduct for damages, unpaid rent, or early termination fees, you must send a written notice by certified mail within 30 days. The notice must specify each deduction and amount. The tenant then has 15 days to object. If they do not object, you may deduct and return the balance within 30 days of the notice.
Miss the 30-day deadline and you lose the right to make any deductions at all — even if the tenant left the home trashed. The statute is unforgiving on this point, and Florida courts enforce it strictly.
Notice Requirements
Florida law requires specific notice types and timelines depending on the situation:
| Situation | Notice Type | Timeline |
|---|---|---|
| Non-payment of rent | 3-Day Notice to Pay or Vacate | 3 business days (excludes weekends, holidays) |
| Lease violation (curable) | 7-Day Notice to Cure | 7 days to fix the violation |
| Lease violation (non-curable or repeat) | 7-Day Unconditional Quit | 7 days to vacate — no opportunity to cure |
| End of month-to-month tenancy | 15-Day Notice | 15 days before end of rental period |
| Property entry for repairs/inspection | 12-Hour Notice | Minimum 12 hours, reasonable time of day |
| Emergency entry | No notice required | Immediate — fire, flood, burst pipe |
Every notice must be in writing. For eviction-related notices, hand-delivery or posting on the door (with a mailed copy) is acceptable. For entry notices, any reasonable written method works — text and email are generally accepted, though posting at the door is safest from a legal standpoint.
The Eviction Process
Florida evictions follow a specific sequence. Skip a step and a judge will dismiss your case, which means starting over and losing more time and money.
- Serve the appropriate notice (3-day for non-payment, 7-day for violations). Wait for the notice period to expire. If the tenant pays or cures, the matter is resolved.
- File an eviction complaint with the county court (Hillsborough County Courthouse for east Hillsborough properties). Filing fee is approximately $185-$300 depending on the amount claimed.
- Tenant is served by the sheriff or process server. The tenant has 5 days to respond.
- If the tenant does not respond, you can file for a default judgment. The clerk issues a final judgment and a writ of possession.
- If the tenant responds or contests, a hearing is scheduled. In Hillsborough County, this typically takes 2-4 weeks.
- Writ of possession is served by the sheriff, giving the tenant 24 hours to vacate. If they do not leave, the sheriff returns to physically remove them.
Total timeline for an uncontested eviction in Hillsborough County: approximately 3-4 weeks from notice to writ of possession. Contested cases can take 6-8 weeks. The entire process costs $500-$2,000+ in legal fees and lost rent.
Habitability Requirements
Florida Statute 83.51 requires landlords to maintain rental properties in compliance with building, housing, and health codes. At minimum, you must provide and maintain:
- ✓Working plumbing (hot and cold running water)
- ✓Functioning heating (required) and cooling (required by Hillsborough County code)
- ✓Working smoke detectors
- ✓Weatherproof exterior (roof, windows, doors)
- ✓Structural integrity
- ✓Pest control (extermination is the landlord's responsibility unless the tenant caused the infestation)
- ✓Functioning locks on all exterior doors and windows
- ✓Garbage receptacles and removal (for multi-unit properties)
If you fail to maintain habitability, the tenant can give you 7 days written notice to fix the issue. If you do not, the tenant can terminate the lease — and in some cases, withhold rent. Do not let maintenance slide.
Lease Requirements & Best Practices
Florida does not mandate a specific lease form, but your lease should address these items at minimum:
- ✓Full legal names of all adult occupants
- ✓Property address and description
- ✓Lease term (start date, end date, renewal terms)
- ✓Rent amount, due date, acceptable payment methods, and late fees
- ✓Security deposit amount and holding method
- ✓Maintenance responsibilities (landlord vs. tenant)
- ✓Pet policy (breed restrictions, pet deposit, pet rent)
- ✓Guest policy and unauthorized occupant clause
- ✓HOA rules and restrictions (if applicable)
- ✓Early termination clause and associated fees
What You Can and Cannot Deduct
Florida law allows deductions from the security deposit for:
- ✓Unpaid rent
- ✓Damage beyond normal wear and tear
- ✓Early lease termination fees (if specified in the lease)
- ✓Cleaning beyond what is reasonable (if the lease specifies move-out cleaning requirements)
You cannot deduct for:
- ×Normal wear and tear (scuffed walls, worn carpet, minor nail holes)
- ×Pre-existing damage not documented at move-in
- ×Upgrades or improvements you choose to make after the tenant moves out
This is why move-in and move-out inspections with dated photos are critical. Without documentation, you have no way to prove damage occurred during the tenancy.
Legal Disclaimer
Frequently Asked Questions
Frequently Asked Questions
Can I enter my rental property without notice in Florida?+
What happens if I miss the 30-day security deposit deadline?+
Is Florida a landlord-friendly or tenant-friendly state?+
Do I need a written lease in Florida?+
Barrett Henry
Designated Property Manager
23+ years of Florida real estate experience. Barrett lives in Valrico and manages rentals across east Hillsborough County — the same neighborhoods he drives through every day.
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