Quick Read Summary (TLDR)

Florida landlords face intricate legal requirements, primarily outlined in Chapter 83 of the Florida Statutes, which touch upon everything from security deposits to property upkeep and evictions.

Important duties involve strict regulations for managing security deposits, keeping the property in livable condition, and adhering to precise eviction processes, with do-it-yourself evictions strictly forbidden. Landlords must also provide several disclosures to tenants and follow federal and Florida fair housing laws, which prevent discrimination.

For homes within HOAs, additional rules and potential fees apply, and landlords are responsible for making sure tenants comply. Because of these many complexities, it’s highly advisable to speak with a Florida attorney to guarantee compliance and safeguard investments.

For legal advice, landlords can reach out to South Florida Law at (954) 900-8885 or via our contact form.

Florida landlords face a complex web of legal obligations that govern everything from security deposits to fair housing compliance. Understanding these requirements is crucial for protecting investments and avoiding costly legal disputes. The Florida Residential Landlord and Tenant Act, found in Chapter 83 of the Florida Statutes, establishes the foundation for rental relationships throughout the state.

Security Deposit Requirements and Handling

One of the most strictly regulated areas of Florida landlord-tenant law involves security deposits. Landlords must choose one of three options for storing tenant deposits: placing funds in a separate non-interest-bearing account at a Florida banking institution, holding deposits in a separate interest-bearing account where tenants receive at least 75% of the interest or 5% simple interest annually, or posting a surety bond with the circuit court clerk.

Within 30 days of receiving a security deposit, landlords must provide written notice to tenants explaining where the deposit is held and whether it earns interest. When a tenancy ends, landlords have specific timeframes for returning deposits. If no deductions are made, the full deposit plus any required interest must be returned within 15 days. However, if a landlord intends to make deductions for damages or unpaid rent, written notice must be sent to the tenant’s last known address within 30 days, detailing the claimed amounts and reasons. Tenants then have 15 days to object to these deductions.

Recent changes to Florida law also allow landlords to offer fees in lieu of traditional security deposits, providing more flexibility in how rental agreements are structured.

Maintenance Obligations and Habitability Standards

Florida law requires landlords to maintain rental properties in habitable condition. This includes ensuring structural components like roofs, windows, doors, floors, and foundations remain in good repair. Landlords must keep plumbing in reasonable working condition and provide functional utilities at the start of each tenancy. For multi-unit properties beyond single-family homes and duplexes, additional responsibilities include pest control, maintaining locks and keys, cleaning common areas, and providing trash receptacles.

When tenants report maintenance issues in writing, landlords have seven days to address problems that affect habitability. If a property becomes unsafe due to unaddressed maintenance issues, tenants may have legal remedies including lease termination or rent withholding after proper notice. Given Florida’s climate, routine maintenance for pest control and water damage prevention is particularly critical for staying compliant with state requirements.

Eviction Procedures and Legal Notices

Florida law prohibits self-help evictions under all circumstances. Landlords cannot change locks, shut off utilities, or remove tenant belongings without following proper court procedures. For nonpayment of rent, landlords must provide a three-day notice giving tenants time to pay or vacate. Lease violations that can be corrected require a seven-day notice to cure, while serious or repeated violations may warrant a seven-day unconditional notice to vacate.

The formal eviction process requires filing a complaint with the county court. Tenants have five days to respond after receiving the complaint. If the court rules in the landlord’s favor, only the sheriff can enforce the eviction order. Attempting to bypass these procedures can result in significant legal penalties and liability.

Florida Landlords Required Disclosures to Tenants

Florida mandates several specific disclosures that landlords must provide to tenants. Before or at the start of a tenancy, landlords must disclose in writing the name and address where they or an authorized agent can receive legal notices. All leases must include a radon gas warning statement explaining that radon levels exceeding federal guidelines have been found in Florida buildings.

For properties with five or more rental units, landlords must disclose security deposit storage information. Buildings over three stories require fire protection availability notices. Properties built before 1978 fall under federal requirements for lead-based paint disclosures.

Fair Housing Compliance

Both federal and Florida fair housing laws protect tenants from discrimination. The Florida Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, disability, familial status, age, marital status, and HIV/AIDS status. Landlords must apply screening criteria consistently to all applicants and make reasonable accommodations for individuals with disabilities.

Violations of fair housing laws can result in substantial fines, damages, and legal consequences. Landlords should implement standardized tenant screening processes that treat all applicants equally.

“Landlords must apply screening criteria consistently to all applicants and make reasonable accommodations for individuals with disabilities.”

Special Considerations for HOA Properties

Landlords renting properties within homeowners associations face additional layers of regulation. Many HOAs impose rental restrictions including caps on the percentage of units that can be leased, minimum lease duration requirements, and prohibitions on short-term rentals. Recent 2025 updates to HOA laws require increased financial transparency and structural inspections, potentially leading to higher assessment costs for property owners.

Importantly, landlords remain responsible for tenant compliance with HOA rules even after leasing their properties. Violations by tenants can result in fines assessed against the property owner.

Given the complexity of Florida’s landlord-tenant laws, property owners should consider consulting with an experienced Florida attorney when questions arise about legal obligations, eviction procedures, or lease agreements. Professional legal guidance can help landlords avoid violations and protect their rental investments.

South Florida Law

While investing in rental real estate can be financially rewarding, be sure not to “go it alone.” Landlords need to beware of pitfalls and legal requirements that can impact profitability. Here at South Florida Law, we have boutique firm attention to detail with the big firm resources necessary to review and draft documents, or take on a homeowner or association, and ensure that landlords are in compliance with Florida Statute, local ordinances, and HOA regulations.

Are you an existing landlord or considering investing in Florida rental properties? Call South Florida Law for legal guidance at 305.900.8885 or reach out via our contact form.