Short answer: Florida’s landlord-tenant rules live in Chapter 83, Part II of the Florida Statutes — and they contain several numbers that surprise newcomers: a month-to-month lease now requires 30 days’ written notice to end (not 15 — the law changed in July 2023); your landlord has 15 days to return your security deposit in full or 30 days to notify you by certified mail of any claim, and you get 15 days to object; eviction for nonpayment starts with a 3-day notice; Florida sets no cap on security deposits and no local rent control anywhere in the state (state law preempts local tenant ordinances since July 2023). Before you sign, verify every dollar (rent + fees + deposit), confirm the notice periods in the lease, and document the unit’s condition in photos.
Updated: October 3, 2026.
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The numbers Florida law puts on your lease
| Rule | What the law says |
|---|---|
| Ending a month-to-month tenancy | 30 days’ written notice — changed from 15 days in July 2023 (HB 1417 amended §83.57(3)) |
| Ending other periodic tenancies | Week-to-week: 7 days · Quarter-to-quarter: 30 days · Year-to-year: 60 days (§83.57) |
| Non-renewal notice in a fixed-term lease | Lease may require not less than 30 and not more than 60 days’ notice from either side (§83.575(1)) — a demand for 90 days is unenforceable |
| Security deposit: full refund | 15 days after you vacate, if the landlord claims nothing (§83.49(3)(a)) |
| Security deposit: claim notice | 30 days to notify you by certified mail of any claim and its reason; you then have 15 days to object. Miss the 30-day window and the landlord forfeits the claim (but may still sue in civil court) |
| Deposit disclosure | Within 30 days of receiving your deposit (or in the lease), the landlord must tell you in writing where it’s held and whether it earns interest (§83.49(2)) |
| Nonpayment of rent | Eviction starts with a 3-day notice to pay or vacate, excluding Saturdays, Sundays and legal holidays (§83.56(3)) |
| Lease violations (repairs, breaches) | Either side must give 7 days’ written notice to cure a material noncompliance before terminating (§83.56) |
| Maximum security deposit | No statutory cap — Florida doesn’t limit the amount; typical market practice is 1 month’s rent |
| Rent increases / rent control | No local rent control anywhere in Florida — the 2023 Live Local Act closed the last door, and §83.425 (HB 1417) preempts all local tenancy regulation, voiding city and county “tenant bill of rights” ordinances |
| Required disclosures in the lease | Radon warning statement (§404.056) and, for homes built before 1978, the federal lead-based-paint disclosure |
The clause-by-clause checklist before you sign
1. Parties and a real address for notices. The lease must name the actual landlord or property manager and a physical address. Notices under §83.56(4) are delivered by hand, by posting, or by mail — so “notices must go somewhere real.” If you’re asked to send everything to a generic email, get a street address in the lease too.
2. Every dollar, itemized. Rent, application fee, security deposit, pet deposit, parking, amenity or “move-in” fees, late fees. Florida doesn’t cap late fees, so a $150 late fee is legal if disclosed — demand the full fee schedule in writing before signing. Add up the true move-in cost: it’s common to owe first month + last month + deposit (3 months’ rent) to get the keys.
3. Deposit terms, spelled out. Amount (no legal cap), where it will be held, and the 15/30/15-day clock after you leave. Remember: the landlord must disclose the depository in writing within 30 days (§83.49(2)) — if your lease is silent on it, ask.
4. Maintenance: who does what. The landlord’s statutory duties include keeping the structure, plumbing, and common areas in good repair (§83.51). In Miami, air conditioning is the big one — clarify in writing how maintenance requests are submitted and the expected response time. Nail down pest control and appliance repairs too; vague “tenant responsible for all repairs” language doesn’t override the statute.
5. Pets, in writing. There’s no state right to keep a pet — if the lease says no pets, that’s binding. Emotional-support animals fall under federal fair-housing rules, which is a separate process. Get any pet permission, pet deposit, or breed restriction in the written lease, not a text message.
6. Renewal and non-renewal. A fixed-term lease can’t demand less than 30 or more than 60 days’ notice of non-renewal from either party (§83.575(1)) — so a “90 days’ notice required” clause is unenforceable. And if you stay on with the landlord’s permission after the term ends but skip the required notice, you can owe an extra month’s rent (§83.575(3)).
7. Early termination. What happens if life changes and you must leave early? Look for a reletting fee or buyout clause. Florida gives the landlord three options when a tenant vacates early — retake the unit, keep your account and re-rent it, or stand on the lease’s terms — and rent for the remaining term cannot be accelerated unless the lease contains a liquidated-damages clause (§83.595). An agreed buyout (e.g., 2 months’ rent) is usually the cleanest exit.
8. Subletting and assignment. Most leases require written landlord consent. Even with consent, many condo buildings and HOAs restrict short-term subletting — if you think you may need flexibility, check the building’s rules before you sign, not after.
9. Disclosures and addenda. Confirm the lease includes the radon warning (§404.056) and, for pre-1978 housing, the lead-paint disclosure. If the unit is in a condo, you should also receive the condo/HOA addendum with the building’s rules. Never sign a lease with blank fields.
10. Move-in documentation. On day one, photograph and video every room, appliance, and existing mark — and send the files to the landlord or manager in writing. Those images are what protect your deposit at the end, when the 15/30-day clock starts running.
The SETTLE take: five red flags we watch for clients
- Verbal promises. “The parking spot is included,” “we’ll replace the stove.” If it’s not in the lease or a signed addendum, it doesn’t exist.
- “As-is” language. A lease can describe the unit as-is, but it cannot waive the landlord’s statutory repair duties (§83.51). As-is doesn’t mean you lose your rights.
- Automatic renewal escalators. Clauses like “rent increases 8% automatically on renewal” are legal — negotiate or strike them before signing, not at renewal.
- Who is the landlord, really? Verify the name on the lease matches the property owner of record (Miami-Dade property appraiser records are public) and never wire money before you’ve seen the unit and confirmed the person’s identity. Rental scams target newcomers who sign remotely.
- The “no withhold” trap. If the AC dies, you can’t simply stop paying rent. Florida requires written 7-day notice of the noncompliance first, and if the dispute goes to court, rent generally must be deposited with the court registry (§83.56, §83.60). Withholding rent without following the process is itself grounds for eviction.
What most people don’t know
- The 15-day month-to-month notice is gone. Since July 1, 2023 (HB 1417), ending a month-to-month tenancy requires 30 days’ written notice — many blogs and templates still say 15, and they’re wrong.
- Miami-Dade’s “tenant bill of rights” no longer exists. HB 1417 (§83.425) preempted all local landlord-tenant regulation to the state, voiding county and city ordinances that added protections (extra notice for rent increases, fee disclosures, etc.). Your rights are the same in Miami, Orlando, and Tampa — and they come only from Chapter 83.
- There’s a deposit alternative you can refuse. Since 2023 (§83.491), landlords may offer a non-refundable monthly fee in place of a security deposit — but it’s optional: you can decline it and pay a normal deposit instead, you can switch to a deposit later, and the landlord may not deny your application based on your choice.
- No rent-control safety net. The 2023 Live Local Act preempted local rent control entirely. Your lease’s renewal increase has no legal cap unless the lease itself sets one — negotiate multi-year terms or increase caps before you sign.
- Mailed notices buy 5 extra days. Courts add 5 days when a notice is sent by mail (Fla. R. Civ. P. 1.090(e)) — so a “30-day notice” mailed to you effectively needs 35 days’ lead time. Send your own notices in person or by certified mail and keep proof.
- Servicemembers have extra protection. Under §83.682, active-duty military can terminate a lease early with proper notice upon receiving military orders — worth knowing if your move is PCS-related.
Frequently asked questions
Do I need a written lease in Florida?
For terms under one year, no — oral leases are valid and default to month-to-month. But always get it in writing: without a signed lease you have no proof of the rent amount, fees, or who’s responsible for what. Leases longer than one year must be in writing.
Can my landlord raise the rent in the middle of my lease?
No — during a fixed term, the rent is locked unless the lease itself allows mid-term changes. At renewal, however, there is no legal cap on the increase. This is why negotiating a renewal cap or a multi-year term at signing matters.
What if I need to break my lease early?
First, read the early-termination or reletting-fee clause — a negotiated buyout (often 1–2 months’ rent) is the cleanest exit. Without one, the landlord’s remedies under §83.595 include re-renting the unit and suing you for the difference, but they can’t demand all remaining rent at once unless the lease allows it. Talk before you leave: a documented agreement beats a lawsuit.
Do I get my deposit back if I leave before the lease ends?
The deposit timelines apply the same way — 15 days for a full refund, 30 days for a claim notice by certified mail — regardless of when you left. What changes is what can be deducted: legitimate unpaid rent and damages beyond normal wear and tear. Your move-in photos are your best evidence.
Yara Coker — SETTLE, relocation services in Miami.
