Florida Tenant Rights
Florida's Residential Landlord and Tenant Act (Fla. Stat. § 83.40 et seq.[chapter reference ]) is one of the more landlord-favorable statutes in the Southeast, though it does provide important baseline protections.
Key Laws by Topic
Eviction Laws
- Notice Period:
- 30 days for month-to-month tenancy without cause
- Just Cause Required:
- No statewide just-cause requirement
- Cure Or Quit Period:
- 7 days to cure most lease violations; 3 days for nonpayment of rent
- Immediate Termination:
- 7-day notice for uncurable violations (e.g., criminal activity)
Security Deposit Laws
- Limit:
- No statutory cap
- Return Deadline:
- 15 days (no deductions) or 30 days with deduction notice
- Interest Required:
- Yes — tenant receives at least 75% of the annualized average interest rate on the account, or 5% simple interest per year, whichever the landlord elects
- Itemization Required:
- Yes — landlord must give written notice of intent to impose deductions within 30 days
- Separate Account Required:
- Yes — must be held in Florida banking institution separate account or posted as surety bond
Repair & Habitability Laws
- Repair And Deduct:
- Not available under Florida law
- Rent Withholding:
- Tenant may deposit rent into court registry as defense in eviction; not available as independent remedy
- Habitability Standard:
- Compliance with applicable building, housing, and health codes; structural components (roofs, windows, doors, floors, walls) and plumbing kept in good/reasonable working repair; functioning heat, running water, and hot water required (multi-unit buildings); no statutory air conditioning requirement
- Notice Required:
- 7 days written notice to landlord before tenant may use habitability as a defense
Tenant Harassment Laws
- Anti Harassment:
- Anti-retaliation statute; no specific anti-harassment law
- Penalties:
- Tenant may raise retaliation as defense in eviction; recover actual and punitive damages
- Retaliation Prohibited:
- Yes — actions within 1 year of protected activity may be found retaliatory
- Utility Shutoffs:
- Landlord may not shut off utilities as a form of eviction (Fla. Stat. § 83.67)
Notice & Entry Laws
- Notice Required:
- 12 hours advance notice for non-emergency entry
- Emergency Entry:
- Permitted without prior notice in emergency situations
- Permissible Reasons:
- Repairs, inspections, showing unit to prospective tenants or buyers, court order
- Time Of Entry:
- 7:30 AM to 8:00 PM (statutory restriction)
Legal Aid Resources
Community Law Program (St. Petersburg)
Pinellas County
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Not Legal Advice. This site provides general educational information only — not legal counsel. Laws vary by location. Consult a qualified attorney for advice on your specific situation.