What clauses are legally required in a Florida lease agreement?
Florida lease agreements are governed by Florida Statutes Title VI, Chapter 83, which sets out specific requirements and regulations. A compliant lease must contain several core clauses — the statute does not require leases to be in writing for tenancies of one year or less, but written leases are essential protection and are universally standard practice. Florida does not require residential leases to be in writing for tenancies of one year or less, but written leases are strongly recommended and are standard practice in the state.
A lease agreement in Florida should always identify all the people involved in the lease and provide a detailed description of the property, its location, and appliances. Beyond these basics, Florida law mandates or strongly implies the following clauses:
Under Fla. Stat. §83.50, the landlord must disclose in writing the name and address of the landlord or the landlord's authorized agent at the time of or prior to the commencement of the tenancy. Any changes to this information must be provided to the tenant in writing within 10 days.
- Landlord's name and address:
A clear explanation of rent amount, payment method, and due date is crucial. Rent is due on the date specified in the rental agreement. Florida law does not provide a statutory grace period, so rent is technically late the day after the due date unless the lease includes a grace period provision.
- Rent amount, due date, and payment method:
Fla. Stat. §83.49 requires landlords to provide details about security deposit handling, including where the deposit is held and under what conditions it will be returned.
- Security deposit terms:
A facility or unit owner may charge a tenant a reasonable late fee for each period that they do not pay rent due under the rental agreement. The amount of the late fee and the conditions for imposing such fee must be stated in the rental agreement or in an addendum to such agreement.
- Late fee clause:
In accordance with Florida Statutes §83.52, during the term of the lease and any renewal thereof, tenants shall comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes.
- Tenant obligations:
The lease must document the property's condition to protect both parties, in compliance with Florida Statutes §83.51. This ensures clarity on pre-existing issues and responsibilities during and after the lease.
- Property condition documentation:
Understanding Section 83.575 of Florida Statutes is essential, as it sets the minimum and maximum notice period for lease renewal.
- Landlord entry notice: The lease should confirm that the landlord will provide at least 12 hours' notice before non-emergency entry (Fla. Stat. §83.53).
- Lease termination and renewal terms:
Certain clauses are explicitly prohibited. Under Fla. Stat. §83.47, a rental agreement may not contain a provision that waives the tenant's rights under the Act, authorizes the landlord to confiscate the tenant's property, or requires the tenant to pay the landlord's attorney fees regardless of the outcome of any litigation. Such provisions are void and unenforceable.
For a broader look at what every residential lease must include regardless of state, see our guide on what every residential lease agreement must include.
What disclosures must Florida landlords provide to tenants?
Florida landlords must provide four primary disclosures at or before lease signing: the landlord's identity and contact information, a radon gas warning, a fire protection notice (for qualifying buildings), and — as of October 1, 2025 — a standalone flood risk disclosure for leases of one year or longer. Failing to provide any of these exposes the landlord to statutory penalties and, in the case of the flood disclosure, gives the tenant grounds to terminate the lease.
Landlord Identity (Fla. Stat. §83.50): Landlords must disclose in writing the name and address of the person who receives demands and notices (Fla. Stat. §83.50). This person is usually the landlord but could also be another person authorized to enter a rental agreement on their behalf, such as a property manager.
Radon Gas (Fla. Stat. §404.056(5)): Landlords must include a warning about the radioactive gas radon in every rental agreement lasting longer than 45 days (Fla. Stat. §404.056(5)). The statute prescribes exact language that must appear verbatim in the lease. The warning should read: "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department."
Fire Protection (Fla. Stat. §719.616): For units in buildings over three stories, landlords must disclose the available fire protection, including smoke detectors and fire extinguishers (Fla. Stat. §719.616).
Security Deposit Location (Fla. Stat. §83.49(2)): Florida landlords with five or more dwelling units must disclose to tenants in writing where they will hold the security deposit (either an interest-bearing or non-interest-bearing account) within 30 days of receiving it. Landlords are also obligated to report the name of the account depository and state whether the tenant is entitled to interest on the deposit.
Flood Risk Disclosure — New for 2026 (Fla. Stat. §83.512, SB 948): This is the most significant 2025–2026 update to Florida lease law. Landlords entering into lease agreements on or after October 1, 2025, with lease terms one year or longer must now provide a separate flood disclosure form to tenants before or at the time of lease signing. This form must disclose whether the property has previously flooded during their ownership of the property, whether the landlord has filed insurance claims related to flood damage, and whether they've received assistance (such as FEMA funds) arising from flood damage.
Residential landlords must provide a stand-alone Flood Disclosure form (not buried inside the lease) to prospective tenants in rental agreements of one year or longer, at or before lease execution. The disclosure is required for residential rental agreements with terms of one year or longer. Short-term rentals under one year are not covered.
The penalty for non-compliance is significant: If the landlord does not provide the disclosure, and the tenant suffers substantial loss or damage due to flooding, the tenant may give written notice of termination to go into effect no later than 30 days after the date of damage. The landlord must then refund all advance rent from the date of termination (though the tenant is still liable for pre-flood delinquent rent).
Lead-Based Paint: Federal law (42 U.S.C. §4852d) also requires landlords to disclose known lead-based paint hazards in any dwelling built before 1978. This is a federal, not Florida-specific, obligation.
How must Florida landlords handle security deposits under Fla. Stat. §83.49?
Security deposits are a vital tool for Florida landlords to protect themselves from unpaid rent or property damage caused by tenants. Florida law — specifically §83.49 of the Florida Residential Landlord and Tenant Act — sets strict rules on how and when a landlord may retain any part of a security deposit. Landlords who miss even one procedural step can forfeit their entire claim against the deposit.
Maximum Deposit Amount: Florida law does not set a general statewide cap on the amount of a residential security deposit. Under Florida landlord-tenant law, there is no limit on the amount of a security deposit. Florida's cities and counties, however, are allowed to set a limit on the sum. The market standard is typically one to two months' rent.
How Deposits Must Be Held: Once you collect a security deposit, you cannot simply place it in your personal bank account. Florida Statute §83.49 requires you to hold the funds in one of three ways: a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant — you cannot commingle these funds with your own money. The two alternatives are:
- Separate Interest-Bearing Account: Hold the money in a separate, interest-bearing account in a Florida banking institution. You must pay the tenant the interest earned annually and at the end of the lease, typically at a rate of 75% of the annualized average interest rate or 5% simple interest per year, at your discretion.
- Surety Bond: Post a surety bond with the clerk of the circuit court in the county where the property is located. The bond must be for the total amount of the security deposits you hold or $50,000, whichever is less.
Written Notice Requirement: The landlord shall, in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the tenant which includes disclosure of the advance rent or security deposit. This subsection does not apply to any landlord who rents fewer than five individual dwelling units.
Returning the Deposit After Move-Out: If you do not intend to impose a claim, you must return the full deposit within 15 days of the tenant vacating. If you intend to make deductions, you must send written notice by certified mail within 30 days of the tenant vacating. If the landlord fails to give the required written notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after returning the security deposit to the tenant.
The tenant must be notified that they must object in writing to any deduction from the security deposit within 15 days after the time they receive the notice.
Allowable Deductions: Landlords can only deduct from security deposits for unpaid rent, damages beyond normal wear and tear, or other lease violations. Routine wear and tear — minor wall scuffs, faded paint, carpet wear from normal use — cannot be charged back.
For a full breakdown of deposit rules across lease types, see our article on security deposit rules every landlord must know.
What are the notice period requirements for lease termination and entry in Florida?
Florida sets precise, statute-driven notice periods for every type of lease termination and for all non-emergency landlord entry. A tenancy without a specific duration may be terminated by either party giving written notice as follows: when the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual period; when the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any quarterly period; when the tenancy is from month to month, by giving not less than 30 days' notice prior to the end of any monthly period; and when the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period. (Fla. Stat. §83.57)
Note that the month-to-month notice period was increased from 15 days to 30 days by a 2023 statutory amendment. The month-to-month tenancy notice is now not less than 30 days (changed in 2023 from 15 days).
| Tenancy Type | Required Notice to Terminate | |
|---|---|---|
| Week-to-week | 7 days (Fla. Stat. §83.57(4)) | |
| Month-to-month | 30 days (Fla. Stat. §83.57(3)) | |
| Quarter-to-quarter | 30 days (Fla. Stat. §83.57(2)) | |
| Year-to-year | 60 days (Fla. Stat. §83.57(1)) |
For fixed-term leases that include a non-renewal notice clause: A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement, if such provision requires the landlord to notify the tenant within such notice period if the rental agreement will not be renewed; however, a rental agreement may not require less than 30 days' notice or more than 60 days' notice from either the tenant or the landlord. (Fla. Stat. §83.575)
Landlord Right of Entry (Fla. Stat. §83.53): Reasonable notice for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m.
Permitted reasons for entry include inspection, necessary or agreed repairs, decorations, alterations, improvements, supplying agreed services, and showing the unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
Emergency entry: notice is not required in an emergency. The statute prohibits using the right of access to harass the tenant.
Electronic Notices (Fla. Stat. §83.505): As of July 1, 2025, Florida enacted legislation authorizing electronic delivery of certain landlord-tenant notices if the parties meet the statute's requirements and use the required lease addendum/consent structure. This does not "replace" the need for proper notice; it changes how notice can be delivered when both sides have agreed in writing and the statutory conditions are met.
Florida law permits landlords to deliver termination notices by mail, personal delivery, email (if both parties have agreed to this via an addendum in the lease or rental agreement), or by leaving a copy at the residence if the tenant is absent. (Fla. Stat. §§83.505, 83.56(4) (2026).)
What are Florida's rules on late fees, rent payment, and tenant remedies?
Florida imposes a clear statutory ceiling on late fees and gives tenants an explicit remedy when landlords fail to maintain habitable conditions. A facility or unit owner may charge a tenant a reasonable late fee for each period that he or she does not pay rent due under the rental agreement. The amount of the late fee and the conditions for imposing such fee must be stated in the rental agreement or in an addendum to such agreement. For purposes of this subsection, a late fee of $20, or 20 percent of the monthly rent, whichever is greater, is reasonable and does not constitute a penalty. (Fla. Stat. §83.808(3))
This means a landlord with a $1,000/month unit can charge up to $200 as a late fee. A landlord with a $500/month unit can charge at least $20 — not $100 (which would be 20% of $500, which exceeds $20 in this case). The statute sets the floor and ceiling at the greater of those two figures. Any fee above this threshold is legally unenforceable.
Grace Period: Rent is due on the date specified in the rental agreement. Florida law does not provide a statutory grace period, so rent is technically late the day after the due date unless the lease includes a grace period provision. Many landlords voluntarily include a 3–5 day grace period in their lease; the statute does not require it.
No Rent Control: Florida has no statewide rent control, and the state has preempted local governments from enacting rent stabilization or rent control ordinances except during a housing emergency. (Fla. Stat. §166.043)
Bounced Check Fees: If the tenant's rent check bounces, landlords may add a fee based on the amount of the check. The landlord may charge $25 for checks $50 or less, $30 for checks between $51 and $300, and either $40 or 5% of the check amount for checks greater than $300 (Fla. Stat. §68.065(2)).
Tenant Rent Withholding Rights (Fla. Stat. §83.201): The tenant shall serve the landlord with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed.
Tenants may withhold rent for repairs or maintenance if, after giving the landlord written notice of the issue, the landlord hasn't made the repair after 20 days. The tenant may then withhold rent for the next rental period until the repair is made; at this point, the tenant must pay the amount withheld. If the landlord refuses to cure the issue, the tenant may abandon the property and terminate the lease without penalty (Fla. Stat. §83.201).
Landlord Maintenance Obligations (Fla. Stat. §83.51): Under Fla. Stat. §83.51, the landlord must comply with building, housing, and health codes and, where there are no applicable codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair. The landlord must also maintain plumbing in reasonable working condition, provide extermination for infestations (except when caused by the tenant), and provide locks and keys.
What is the Florida eviction process and what notice does a landlord need to start it?
Florida residential evictions are typically filed as an eviction lawsuit in county court under Florida's landlord-tenant statutes. The basic flow is: (1) deliver the correct written notice, (2) file and serve the eviction complaint, (3) obtain a judgment, and (4) the sheriff executes a writ of possession if the tenant does not leave. The notice type depends on the reason for eviction.
Notice Types Required Before Filing:
A 3-day notice to pay or vacate is required. If rent is unpaid and remains unpaid for three days after the landlord delivers a written demand for payment or possession, the landlord may terminate the rental agreement. (Fla. Stat. §83.56(3)) Weekends and legal holidays do not count toward the 3-day period. If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, the landlord must deliver a written notice specifying the noncompliance, including a notice that if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement. Examples of such noncompliance include activities such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner; or failing to keep the premises clean and sanitary. (Fla. Stat. §83.56(2)(b)) An unconditional quit notice tells the tenant that their tenancy is over due to a lease violation, and that they have seven days to move out. There's no opportunity for the tenant to fix the lease violation. In Florida, landlords can use this type of notice when the tenant intentionally damages the rental property or other tenants' property, creates unreasonable disturbances, or repeats the same lease violation within a 12-month period. (Fla. Stat. §83.56(2)(a)) A Florida landlord can terminate without cause a month-to-month tenancy by giving the tenant a written notice at least 30 days before the end of the monthly period. The notice must inform the tenant that the tenancy will end in 30 days and that the tenant must move out of the rental unit by that time. (Fla. Stat. §83.57)
- Nonpayment of rent:
- Curable lease violations:
- Uncurable lease violations:
- Month-to-month without cause:
Self-Help Evictions Are Illegal: Florida does not allow self-help evictions. Landlords cannot lock a tenant out, remove doors, shut off utilities, or remove belongings without a court order and sheriff enforcement. (Fla. Stat. §83.67)
Court Filing and Costs: When the notice period runs out without payment or correction, the landlord files an eviction complaint in the county court where the property sits. That filing asks the court for possession of the rental unit and triggers a summons. Most courts charge about $185 to start an eviction for possession only, plus small extra fees for each summons and service of process. On average, filing fees for eviction in Florida can be $275 to $556. The tenant must also receive a written notice, and if a process server is used for serving these legal documents, the service fee can range between $30 to $150.
After Judgment: The writ orders the sheriff to forcibly remove the tenant from the property. Once posted, the tenant has 24 hours to vacate before the sheriff returns to remove them.
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Is there a maximum security deposit amount in Florida?
Florida law does not set a general statewide cap on the amount of a residential security deposit.
Does Florida require a grace period before a landlord can charge a late fee?
No. Rent is due on the date specified in the rental agreement. Florida law does not provide a statutory grace period, so rent is technically late the day after the due date unless the lease includes a grace period provision. Many landlords choose to include a voluntary 3–5 day grace period in the lease, but this is not legally required. When it comes to the late fee itself, the amount of the late fee and the conditions for imposing such fee must be stated in the rental agreement or in an addendum. A late fee of $20, or 20 percent of the monthly rent, whichever is greater, is considered reasonable and does not constitute a penalty under Fla. Stat. §83.808(3). Fees exceeding that threshold are legally vulnerable to challenge. Landlords cannot begin eviction proceedings until a 3-day notice has been served and the notice period has expired without payment.
What is the new Florida flood disclosure requirement for landlords in 2026?
Starting October 1, 2025, Florida's Flood Disclosure Law (CS/CS/SB 948, 2025 Legislature) took effect, bringing sweeping changes to landlord-tenant transactions. The law creates and amends several provisions of the Florida Statutes to ensure that tenants are given clear notice about flood risks before entering into agreements.
How much notice does a Florida landlord need to give before entering a rental unit?
Reasonable notice for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. This is codified in Fla. Stat. §83.53(2). Permitted reasons for entry include inspection, necessary or agreed repairs, decorations, alterations, improvements, supplying agreed services, and showing the unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.
What notice is required to terminate a month-to-month lease in Florida?
When the tenancy is from month to month, either party must give not less than 30 days' notice prior to the end of any monthly period. (Fla. Stat. §83.57(3)) This was updated in 2023 from the previous 15-day requirement. For fixed-term leases with a non-renewal clause, a rental agreement may not require less than 30 days' notice or more than 60 days' notice from either the tenant or the landlord under Fla. Stat. §83.575. For week-to-week tenancies, 7 days' notice is required; for year-to-year, 60 days is required. For nonpayment of rent during an active lease, the landlord must serve a 3-day pay-or-vacate notice under Fla. Stat. §83.56(3) before filing for eviction. These notices must be delivered by hand, mail, email (with prior written consent), or posted at the residence if the tenant is absent.
Can a Florida tenant withhold rent, and under what conditions?
Yes, under specific conditions. The tenant must serve the landlord with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed.