Florida’s landlord–tenant laws are primarily governed by Chapter 83 of the Florida Statutes and set out the rights and responsibilities of both landlords and tenants in residential rental relationships. Landlords are required to maintain rental properties in compliance with applicable building, housing, and health codes, including providing functioning plumbing, heat, hot water, and structurally safe premises, unless otherwise agreed in writing for single-family homes or duplexes. Tenants, in turn, must keep the unit clean and sanitary, use utilities and appliances reasonably, avoid damaging the property, and comply with the lease terms. Florida law allows landlords to collect security deposits, but it strictly regulates how deposits must be held, notified, and returned, generally requiring written notice of how the deposit is stored and mandating return within 15 days after move-out if no claim is made, or written notice of a claim within 30 days if deductions are sought.
The law also outlines detailed rules for rent, notices, and termination of tenancies. If rent is not paid, a landlord must provide a three-day written notice (excluding weekends and legal holidays) demanding payment or possession before filing an eviction. For lease violations other than nonpayment, landlords typically must give a seven-day notice to cure the violation or, in more serious cases, a seven-day notice to terminate without an opportunity to cure. Tenants have the right to withhold rent only under specific conditions, such as when the landlord fails to maintain the property, and only after giving proper written notice and an opportunity to fix the issue. Retaliatory conduct by landlords—such as raising rent, reducing services, or attempting eviction because a tenant asserted legal rights or complained to authorities—is prohibited under Florida law.
Florida’s landlord–tenant statutes also regulate access to rental units and eviction procedures, ensuring both parties’ rights are protected. Under the law, landlords may generally enter a rental unit only with reasonable notice—typically at least 12 hours—and for legitimate purposes such as repairs, inspections, or emergencies. Self-help evictions, including changing locks, shutting off utilities, or removing doors, are illegal; landlords must follow the formal court eviction process to regain possession. Tenants facing eviction have the right to receive proper notice, contest the eviction in court, and remain in possession until a judge issues a writ of possession. Attorney Eliot Dempsey and the Dempsey Law Firm are experienced in guiding both tenants and landlords through these processes, helping ensure compliance with Florida law and protecting clients’ rights. Overall, Florida’s landlord–tenant laws aim to balance property owners’ interests in receiving rent and maintaining their property with tenants’ rights to safe housing, due process, and fair treatment.
