What Is the Florida Landlord-Tenant Act?
The Florida Residential Landlord and Tenant Act is Chapter 83, Part II, Florida Statutes (Sections 83.40 through 83.682). It is the primary law governing residential rental relationships in Florida. The Act applies to all residential rental agreements, whether written or oral, and establishes minimum standards that cannot be waived by the lease.
Key Provisions
Landlord Obligations
- Habitability — The landlord must maintain the premises in compliance with building, housing, and health codes. This includes maintaining the roof, plumbing, electrical, heating/cooling systems, and structural integrity.
- Security deposits — Must be held in a proper account with written notice to the tenant within 30 days. Strict return timelines apply (15 days with no claim, 30 days with a claim).
- Access — The landlord must give at least 12 hours' notice before entering the rental unit, and entry must be at a reasonable time. Emergency entry does not require notice.
- Disclosure — The landlord must disclose the name and address of the property owner and the person authorized to receive notices and demands.
Tenant Obligations
- Pay rent on time
- Keep the unit clean and sanitary
- Comply with building and housing codes
- Not destroy or damage the property
- Not disturb neighbors' peaceful enjoyment
- Use appliances and fixtures in a reasonable manner
Eviction Process
Florida requires landlords to follow a specific notice and court process to evict a tenant:
- 3-day notice — For unpaid rent. The tenant has 3 business days (excluding weekends and holidays) to pay or vacate.
- 7-day notice with right to cure — For lease violations that can be corrected (unauthorized pet, noise, etc.).
- 7-day unconditional notice — For lease violations that cannot be cured or for repeated violations.
- Court filing — If the tenant does not comply with the notice, the landlord files an eviction action in county court. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal under Section 83.67.
Related Terms
- Lease Agreement — The contract governed by this Act
- Security Deposit — Regulated by Section 83.49
- Constructive Eviction — When the landlord's failure makes the unit uninhabitable
- Holdover Tenant — A tenant who stays past lease expiration
Barnes Walker Landlord-Tenant Services
Barnes Walker's attorneys represent landlords and tenants in lease disputes, evictions, security deposit claims, and habitability issues. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 83, Part II
The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC