Moving from Out of State? What You Should Know About Florida Rental Laws

Relocating to Florida means not just settling into a new place, but also navigating a unique set of rental laws. Whether you're arriving from another state or country, understanding your rights and responsibilities is essential for a smooth transition. Here’s a breakdown of key considerations:

Lease Agreements: Get It in Writing

When renting in Florida, one of the most important steps is securing a written lease agreement. While Florida law recognizes both oral and written leases, relying solely on a verbal agreement can leave tenants and landlords vulnerable to misunderstandings and disputes.

A written lease provides clarity and legal protection for both parties by outlining the terms and conditions of the rental. Key details such as rent amount and due dates, the handling of security deposits, landlord entry rights, maintenance responsibilities, and termination policies are explicitly defined in writing. This ensures that expectations are clear from the start and reduces the risk of conflicts later.

For tenants, having a lease in writing is especially valuable if they need to end their tenancy early, dispute a charge, or address unexpected issues. For landlords, it creates a record that can be used to enforce rules and protect property interests. In essence, a written lease provides a solid foundation for a fair and transparent rental relationship.

While oral agreements may seem simpler, the lack of documentation often makes it difficult to prove what was originally agreed upon if a disagreement arises. In Florida’s competitive rental market, getting everything in writing is the best safeguard for both renters and property owners.

Security Deposits & Alternative Fees

In Florida, security deposits are strictly regulated to protect both tenants and landlords. By law, landlords must preserve security deposits in one of three ways: in an interest-bearing account, a non-interest-bearing account, or through a surety bond. Importantly, these funds cannot be used during the tenancy—they remain the tenant’s property until legally due.

When the lease ends, the timeline for returning deposits is also tightly regulated. If the landlord does not intend to withhold any portion, the deposit must be returned within 15 days of move-out. If the landlord plans to make deductions—for damages, unpaid rent, or other valid charges—a written notice must be provided within 30 days, explaining the reasons. Failure to provide proper notice generally requires the landlord to return the deposit in full.

Recent legislation has introduced new flexibility for tenants and landlords. Since July 1, 2023, House Bill 133 allows landlords to offer alternatives to traditional security deposits. This can include charging a nonrefundable monthly fee in lieu of a deposit or allowing tenants to pay deposits in installments rather than a lump sum. However, tenants must be notified of these options in writing, ensuring transparency before they commit.

For renters, understanding these rules is critical when budgeting for a new lease. While traditional deposits offer the possibility of a refund, alternative fees are nonrefundable and should be weighed carefully against long-term costs. Landlords, on the other hand, benefit from clear legal frameworks that minimize disputes and provide more flexibility in attracting tenants.

Notice to Terminate Lease

Ending a lease in Florida requires following specific notice rules outlined by state law. Both tenants and landlords must provide written notice within certain timeframes, depending on the type of rental agreement. These notice requirements help ensure a smooth transition and minimize disputes when a tenancy ends.

Statewide Requirements

Florida statutes set the following minimum notice periods for termination:

• Year-to-year tenancy: At least 60 days’ notice

• Quarter-to-quarter tenancy: At least 30 days’ notice

• Month-to-month tenancy: At least 30 days’ notice

• Week-to-week tenancy: At least 7 days’ notice

These timeframes apply unless a lease specifies a different notice period. Written notice is required to ensure enforceability.

Month-to-Month Agreements Without a Formal Lease

For renters in informal month-to-month arrangements (where no written lease exists), local guidance adds another layer of detail. According to Broward County Bar Association, tenants must provide:

• 15 days’ notice by personal delivery, or

• 22 days’ notice if mailed (using certified mail with tracking), before the end of the rental period.

Tenants should also include their forwarding address in the notice. This step is crucial for receiving the return of any security deposit or important communications after moving out.

Why Proper Notice Matters

Failing to give proper notice can result in additional rent charges, withheld deposits, or even legal disputes. By following the statutory guidelines—and local county procedures when applicable—tenants and landlords can avoid misunderstandings and ensure a legally valid lease termination.

Rights on Repairs and Habitability

Florida law requires landlords to provide tenants with safe, sanitary, and habitable housing. This means rental properties must comply with local building, health, and safety codes and be maintained in a condition suitable for living. Essential services like plumbing, electricity, heating, and structural integrity fall under the landlord’s responsibility.

Tenant Remedies for Serious Issues

If a landlord fails to make necessary repairs, tenants have specific rights under Florida law. Before taking action, tenants must provide 7 days’ written notice detailing the issue and giving the landlord a chance to fix it. If the problem is not resolved:

• The tenant may withhold rent until repairs are made, or

• The tenant may terminate the lease without penalty.

This written notice is essential—it creates a legal record that protects the tenant in the event of a dispute.

Local Protections in Certain Counties

In addition to state law, local jurisdictions may have stricter requirements. For example, Miami-Dade County enforces specific timelines for addressing repair requests:

• Standard repairs must often be completed within 7 days, and

• In cases of extreme heat, such as an air conditioning failure, repairs may need to be completed within 24 hours.

Failure to meet these deadlines can result in penalties against the landlord, further strengthening tenant protections in areas with hot and humid climates.

Why This Matters

Habitability rights ensure that tenants are not forced to live in unsafe or unhealthy conditions. Understanding the proper steps—such as issuing written notice and knowing local laws—empowers renters to hold landlords accountable while staying protected under Florida statutes.

Self-Help Eviction Is Illegal

In Florida, landlords must follow strict legal procedures when removing a tenant from a rental property. Under Florida Statute 83.67, it is illegal for a landlord to carry out a “self-help eviction.” This means a landlord cannot change the locks, shut off utilities, remove doors, or otherwise force a tenant out without first obtaining a court order.

Legal Eviction Process

To legally evict a tenant, landlords must:

1. Provide proper notice depending on the reason (e.g., nonpayment of rent or lease violation).

2. File an eviction lawsuit in court.

3. Obtain a judgment for possession.

4. Have the sheriff execute the writ of possession to remove the tenant, if necessary.

Any action outside this process is unlawful and exposes landlords to liability.

Tenant Protections

If a landlord engages in self-help eviction tactics, tenants may be entitled to damages of up to three times their monthly rent, plus legal fees. This strong protection is in place to ensure that tenants are not displaced without due process, regardless of the circumstances.

Why This Matters

For landlords, attempting a shortcut eviction can lead to costly penalties and legal battles. For tenants, understanding these rights is critical for protecting housing stability. Only the courts—and ultimately law enforcement—have the authority to carry out an eviction in Florida.

Holdover Rent Penalty

When a lease expires in Florida, tenants are expected to either renew the lease or vacate the property. Remaining in the rental without renewal—known as “holding over”—comes with significant legal and financial consequences.

The Penalty for Holding Over

Under Florida law, if a tenant overstays after the lease term ends without the landlord’s consent, the landlord may charge up to 200% of the monthly rent as a holdover penalty. This penalty is intended to compensate landlords for the inconvenience and potential loss of income caused by the tenant’s unauthorized stay.

Tenant at Will Status

In some cases, if the landlord accepts the holdover rent in writing, the tenancy may convert into a “tenant at will” arrangement. This means the tenant is allowed to remain, but typically without the full protections of a fixed-term lease. Instead, the relationship continues on a more flexible basis—often month-to-month—until either party gives proper notice to terminate.

Why This Matters

For tenants, overstaying after a lease expires can quickly become very costly and legally risky. For landlords, enforcing the penalty or agreeing to a tenant-at-will arrangement provides flexibility in handling the situation. The key takeaway: always clarify lease renewal or move-out terms in advance to avoid unexpected penalties.

Fair Housing & Tenant Screening

When renting in Florida, both landlords and tenants should understand the protections provided under federal Fair Housing laws. These laws, enforced by the U.S. Department of Housing and Urban Development (HUD), prohibit discrimination in housing decisions based on certain protected classes.

Protected Classes Under Federal Law

Landlords cannot deny housing, set different rental terms, or otherwise discriminate against tenants based on:

• Race

• Color

• National origin

• Religion

• Sex (including gender identity and sexual orientation)

• Familial status (such as having children or being pregnant)

• Disability

These protections apply not only to rental approvals, but also to advertising, lease terms, and day-to-day management practices.

Tenant Screening in Florida

While landlords are permitted to screen tenants using credit checks, rental history, income verification, and references, the process must be applied fairly and consistently. For example, a landlord cannot impose stricter income requirements on one applicant because of their race, or refuse to rent to families with children.

In addition, landlords must provide reasonable accommodations for tenants with disabilities, such as allowing service animals in properties with “no pet” policies or making minor property adjustments where necessary.

Why This Matters

Fair housing laws help ensure equal access to housing opportunities across Florida. For tenants, understanding these rights provides protection against unlawful discrimination. For landlords, compliance not only avoids legal consequences but also promotes a fair and inclusive rental market.

Sources:

• DoorLoop – Florida Lease Agreements: What You Need to Know

• The Florida Bar – Florida Landlord/Tenant Law

• The Florida Bar – Florida Landlord/Tenant Law

• DoorLoop – Florida Security Deposit Laws: An Overview

• Belong – Florida House Bill 133: What Renters Should Know

• Florida Legislature – Florida Statutes, Residential Tenancies (leg.state.fl.us)

• Broward County Bar Association (BCBA) – Tenant Guidance on Lease Termination

• The Florida Bar – Florida Landlord/Tenant Law

• DoorLoop – Florida Tenant Rights on Repairs

• Architectural Digest – Miami-Dade County Tenant Protections

• The Florida Bar – Florida Landlord/Tenant Law

• Architectural Digest – Tenant Rights in Florida

•  Florida Landlord/Tenant Law

• U.S. Department of Housing and Urban Development (HUD) – Fair Housing Act