Florida Landlord-Tenant Law in 2026: Deposits, Notices, Repairs, Rent Increases and Squatters
Updated: Sep 6
The quick answer: Florida landlord-tenant law is set in Tallahassee, not at city hall. Part II of Chapter 83 governs every residential tenancy, and since July 2023 no city or county may add its own deposit, notice, screening or fee rules (§83.425) or impose rent control (§166.043). The 2026 rulebook in one sentence: deposits back in 15 days or claimed within 30; an optional monthly fee instead of a deposit; 3-day, 7-day and 30-day notices; e-mail notices by signed addendum; a flood form on leases of a year or longer; sheriff removal of squatters; and, from October 1, 2026, a felony for faking a rental application.
Key Takeaways
The state preempts local rules. No Florida city or county may add deposit, notice, screening or fee requirements, and local rent control is banned outright. There is no statewide rent cap either — I checked the 2026 session, and none passed.
Deposits run on a 15/30/15 clock. Return the deposit within 15 days, or send the statutory claim notice within 30 days; the tenant then has 15 days to object. Miss the 30 days and the claim against the deposit is forfeited.
The fee-in-lieu option is real but regulated. Legal since July 2023, it must be offered to every new tenant on the premises once you offer it at all, and the tenant can switch back to a deposit at any time.
Notices: 3, 7 and 30. Three business days for nonpayment, seven days to cure a lease violation, thirty days to end a month-to-month tenancy from either side.
New since 2025–2026: e-mail delivery of notices by signed addendum, a separate flood disclosure for leases of one year or longer, and — from October 1, 2026 — fake IDs or paystubs on an application become a third-degree felony and a non-curable lease violation.
Reviewed against the 2026 Florida Statutes and the 2026 session chapter laws on September 5, 2026. Every rule below is cited to its statute so you can check it yourself. This is general information for owners and tenants, not legal advice — for an eviction, a deposit dispute or an unusual lease, use a Florida landlord-tenant attorney.
This site used to cover these subjects in five separate posts — the fee-in-lieu law, the squatter law, repairs, rent increases and late fees. Since those were written the Legislature has amended Chapter 83 four sessions in a row, so I have consolidated everything into this one guide, kept the original URL, and verified every provision against the statute text rather than against summaries. That last part matters: several widely shared “2026 Florida landlord law” articles describe a rent-increase cap that does not exist.
What Changed, 2023–2026
Seven changes account for almost everything a Naples owner or tenant needs to relearn. Each is cited to its statute and its chapter law.
Change | Statute | Effective | What it means |
|---|---|---|---|
Fee in lieu of security deposit | §83.491 (ch. 2023-181; amended ch. 2024-199) | July 1, 2023 | Landlords may offer a nonrefundable fee instead of a deposit, under strict disclosure and equal-offer rules |
State preemption of local landlord-tenant rules | §83.425 (HB 1417, ch. 2023-314) | July 1, 2023 | Local deposit, notice, screening and fee ordinances are void; month-to-month notice is 30 days statewide |
Local rent control banned | §166.043(2) (ch. 2023-17) | 2023 | Cities and counties may not impose rent controls in any form |
Squatter removal by the sheriff | §82.036 (HB 621, ch. 2024-44; amended 2025 and 2026) | July 1, 2024 | Owners can have unlawful occupants removed on a verified complaint, without filing an eviction |
E-mail delivery of notices | §83.505 (HB 615, ch. 2025-16) | July 1, 2025 | Statutory notices may go by e-mail once both sides sign the statutory addendum |
Tenant flood disclosure | §83.512 (SB 948, ch. 2025-166) | October 1, 2025 | A separate flood form is required for leases of one year or longer |
Rental application fraud | §817.537 and §83.56(2)(a) (HB 1293, ch. 2026-143) | October 1, 2026 | Forged documents or a false identity on an application: third-degree felony and a 7-day, non-curable termination |
Sources: the 2026 Florida Statutes and the chapter laws listed; effective dates from the enrolled bills on flsenate.gov.
Security Deposits: The 15/30/15 Rule (§83.49)
Deposit money must be held in a separate Florida account — non-interest-bearing, or interest-bearing with the tenant receiving at least 75 percent of the account rate or 5 percent simple interest — or covered by a surety bond posted with the clerk of court. It cannot be commingled with the landlord’s own funds. A landlord who rents five or more units must also disclose, in the lease or within 30 days of receiving the money, where the deposit is held and whether it earns interest (§83.49(1)–(2)).
The move-out clock is where most disputes are won or lost. If the landlord makes no claim, the deposit comes back within 15 days of the tenancy ending. If the landlord intends to keep any of it, a written claim notice must go out within 30 days — by certified mail to the tenant’s last known address, or by e-mail if both parties signed the §83.505 addendum — using the statutory wording. The tenant then has 15 days to object in writing; absent an objection the landlord may deduct the claim and must send the balance within 30 days of the notice. A landlord who misses the 30-day window forfeits the right to claim against the deposit and can only sue for damages after returning it. In any deposit lawsuit the prevailing party recovers attorney fees, which is why small deposit fights are rarely worth litigating.
Two details owners overlook. First, a tenant who leaves early, or leaves a periodic tenancy, must give at least 7 days’ written notice with a forwarding address; skipping that notice relieves the landlord of the 30-day notice duty but does not forfeit the deposit. Second, when a rental property is sold, the deposits transfer to the new owner with an accounting, and the law presumes the buyer received them up to one month’s rent — a point to settle at closing rather than argue about later. Florida-licensed brokers who hold deposits under a rental agreement comply with Chapter 475’s escrow rules by complying with this section.
The Fee-in-Lieu-of-Deposit Option (§83.491)
Since July 1, 2023, a landlord whose lease requires a security deposit may offer the tenant the option of paying a fee instead — usually a recurring monthly fee due with the rent, though any schedule the written agreement sets is allowed. The landlord may also let the tenant pay a conventional deposit in installments. Offering the option is entirely at the landlord’s discretion (§83.491).
The guardrails are what make the program workable for tenants. If a landlord offers the fee to anyone, it must be offered to every new tenant renting on the same premises, unless the program is ended prospectively for all new leases. A prospective tenant’s choice to pay the fee, or not, cannot be used to approve or deny the application. The agreement must be in writing, signed by both sides, and carry the statutory disclosure in capital letters; the fee amount cannot be raised during the lease term; and the tenant may terminate the arrangement at any time by paying the deposit the lease specifies — a default on the fee cannot hurt the tenant’s credit if the deposit is then paid on time. The fee is nonrefundable where the agreement says so, is not a security deposit, and does not reduce the tenant’s liability for unpaid rent or for damage beyond normal wear and tear.
The 2024 amendment added the claims mechanics. After the tenancy ends the landlord must notify the tenant within 30 days of any amounts due, cannot submit a claim to its insurer until at least 15 days after that notice, and must give the insurer an itemized list, supporting documentation and any objection the tenant raised. An insurer with subrogation rights has one year to seek reimbursement from the tenant, must share the landlord’s documentation and settlement statement, and faces every defense the tenant would have had against the landlord. A landlord may not collect the same loss from both the tenant and the insurer.
The economics, as an illustration. Suppose a lease calls for a $2,400 deposit and the landlord offers a $35-a-month fee instead. Over a 12-month lease the fee costs $420; over 24 months, $840 — none of it refundable. The tenant trades a smaller move-in outlay for a higher total cost if they stay and leave the unit clean, so the fee suits short stays and thin cash positions and suits nobody who expects to renew twice. For owners, the fee usually funds a bond or insurance product: read what it actually covers (unpaid rent as well as damage?), its claim limits, and the paperwork the statute now requires before a claim can be filed.
Notices and Termination: 3, 7, 30 and 60 Days (§83.56, §83.57, §83.575)
Florida’s notice periods are short by national standards and unforgiving about form. The lease cannot waive them (§83.56(4)).
Nonpayment — 3 days. Written demand for the rent or possession, giving 3 days excluding Saturdays, Sundays and court-observed holidays, in substantially the statutory form. The notice must state rent only; a late fee belongs in it only if the lease defines the fee as “rent” (§83.43(12)).
Curable violation — 7 days. Unauthorized pets, guests or vehicles, improper parking, an unsanitary unit: a written notice giving 7 days to cure. A repeat of the same conduct within 12 months allows termination without a second cure period.
Non-curable violation — 7 days to vacate. Intentional destruction or misuse of property, a continued unreasonable disturbance after warning, and — from October 1, 2026 — fraudulent entry of the unit under §817.537. Seven days from delivery to leave.
The tenant’s mirror remedy. If the landlord materially fails §83.51(1) or the lease, the tenant serves a 7-day written notice; if the failure is not fixed, the tenant may terminate, and rent is abated in proportion to the loss of use.
Periodic tenancies (§83.57). Year-to-year, 60 days before the end of the annual period; quarter-to-quarter, 30 days; month-to-month, 30 days from either side (raised from 15 days by HB 1417 in 2023); week-to-week, 7 days.
Fixed-term leases (§83.575). A lease may require the tenant to give notice of non-renewal only if it requires the landlord to give the same notice, and the period must be between 30 and 60 days. Liquidated damages for a missed notice are collectible only if the landlord sent a written reminder, listing every fee, within 15 days before the notice window opened. A tenant who stays on with permission and fails to give the §83.57(3) notice owes one additional month’s rent.
Delivery is by mail, hand delivery, e-mail under §83.505, or — if the tenant is absent — by leaving the notice at the residence. If a landlord accepts partial rent after posting a 3-day notice, the case survives only if the landlord issues a receipt showing the balance and the agreed date, deposits the partial payment into the court registry when filing, or posts a fresh 3-day notice for the new balance (§83.56(5)). Once an eviction is filed, a tenant raising any defense other than payment must deposit the disputed rent into the court registry within 5 business days of service or the court enters an immediate default (§83.60(2)); after judgment the sheriff executes the writ of possession on 24 hours’ posted notice, weekends included (§83.62).
Repairs and Habitability (§83.51, §83.53, §83.60, §83.64, §83.67)
The landlord’s baseline duty is to comply with applicable building, housing and health codes or, where none apply, to keep the roof, windows, doors, floors, steps, porches, exterior walls, foundation and structure in good repair and the plumbing in reasonable working condition, with screens installed at move-in and repaired once a year. For a single-family home or duplex these duties may be altered in writing — which is why Naples annual leases on houses so often shift lawn, pool and pest care to the tenant. For everything else the landlord must also provide extermination (with 7 days’ written notice if the tenant must vacate, for no more than 4 days, with rent abated), locks and keys, clean and safe common areas, garbage removal, heat in winter, running water and hot water (§83.51). The landlord is not responsible for conditions the tenant or the tenant’s guests caused.
Access follows the same statute’s logic: the landlord may enter any time to protect or preserve the premises, and for repairs on at least 24 hours’ notice between 7:30 a.m. and 8:00 p.m.; for inspections and showings, with the tenant’s consent, in an emergency, when consent is unreasonably withheld, or during an extended absence (§83.53).
A tenant’s repair leverage is rent withholding, and it has a procedure. The tenant serves a 7-day written notice specifying the noncompliance and stating the intent to withhold; after 7 days a material failure of §83.51(1) is a complete defense to an eviction for nonpayment, and the court sets the rent reduction. The catch: if the landlord sues, the tenant must still deposit the rent into the court registry to keep that defense alive (§83.60). Retaliation — raising rent, cutting services or filing for possession primarily because the tenant complained to code enforcement, organized other tenants, served a §83.56(1) notice or exercised fair-housing rights — is a defense in its own right (§83.64).
Self-help is the fastest way for an owner to lose. Shutting off utilities, changing locks, removing doors or windows, or removing a tenant’s belongings before surrender, abandonment or a completed eviction exposes the landlord to actual damages or three months’ rent, whichever is greater, plus attorney fees — per violation (§83.67). After a casualty such as a hurricane, a tenant whose enjoyment of the premises is substantially impaired may terminate and vacate, and the 2025 amendment requires the landlord to give the tenant a chance to collect belongings when it is safe to do so (§83.63).
Rent Increases, Rent Control and Late Fees
Florida sets no limit on the size or frequency of a rent increase. Local governments are prohibited from imposing rent controls in any form (§166.043(2)), the 2023 Live Local Act having removed the old emergency-referendum path, and §83.425 wipes out the local “notice of rent increase” ordinances several counties adopted in 2022. What remains is contract law and a few statutory backstops.
Fixed-term lease: the rent is fixed for the term unless the lease itself provides otherwise; the increase comes at renewal.
Month-to-month: there is no statutory “rent increase notice,” but because either side may end the tenancy on 30 days’ notice under §83.57(3), a written increase delivered at least 30 days before the start of a monthly period is the practical minimum — anything shorter invites the argument that the old rent still applies.
Backstops: an increase cannot be retaliatory (§83.64), cannot be applied differently by protected class under state or federal fair-housing law, and a lease provision a court finds unconscionable can be refused enforcement (§83.45).
Late fees. Chapter 83 sets no cap and no mandatory grace period. A late fee is enforceable only if the written lease provides for it; to include it in a 3-day notice the lease must define it as rent; and an unreasonable fee can be struck under §83.45. One correction to an older post on this site: the “Late Fee Fairness Amendment Act” is a District of Columbia statute and has never applied in Florida.
The 2026 rumor. Several articles circulating this year say “SB 64” capped Florida rent increases at 30 percent once a year starting July 1, 2026. Senate Bill 64 in the 2026 session was a medical-review-committee bill that died in the Judiciary Committee on March 13, 2026; no rent-cap bill passed either chamber. Check any claimed change against the statute text before you act on it.
Squatters and Unlawful Occupants (§82.036) — and the 2026 Fraud Statute
HB 621 (2024) gave owners a remedy that bypasses the eviction docket. A property owner or authorized agent may file a verified Complaint to Remove Persons Unlawfully Occupying Residential Real Property with the county sheriff when all of the statutory conditions are met: the property includes a residential dwelling; the occupants entered unlawfully and remain; the property was not open to the public when they entered; the owner has told them to leave; they are not current or former tenants under a lease the owner authorized; they are not the owner’s immediate family; and no litigation over the property is pending between the parties. The sheriff verifies ownership, serves a notice to vacate immediately, puts the owner in possession and may arrest for trespass; the owner can then have the sheriff stand by while the locks are changed (§82.036). Agents must now attach documents proving their authority, an addition from the 2025 and 2026 amendments.
The remedy cuts both ways. A person wrongfully removed can be restored to possession and recover actual damages, statutory damages of triple the fair market rent, costs and attorney fees. The bright line for owners: a tenant who has stopped paying, or a guest who has overstayed a lease you authorized, is not a squatter. That is a §83.56 eviction, and using the sheriff procedure against a tenant is the fastest route to a triple-rent judgment.
From October 1, 2026, HB 1293 (ch. 2026-143) closes the fake-lease gap from the other direction. A person who takes possession of a dwelling by making a materially false written statement about their identity on an application, presenting forged or fictitious documents such as a driver license, bank statement or paystub, or impersonating the applicant commits fraudulent entry of a residential dwelling unit — a third-degree felony (§817.537). The same act amends §83.56(2)(a) so that fraudulent entry is a non-curable lease violation: 7 days’ notice to vacate, whether or not a prosecution is ever filed.
Two Newer Paperwork Rules: E-Mail Notices and the Flood Form
E-mail delivery (§83.505, since July 1, 2025). Landlord and tenant may deliver any notice required by Part II of Chapter 83 by e-mail once both have signed an addendum in the statutory form that names each party’s address and states that the election is voluntary and revocable. A notice is deemed delivered when sent unless it bounces; the sender must keep a copy and proof of transmission; either party may revoke or change addresses by written notice. Text messages are not authorized. The practical value is large — the deposit claim notice, the 3-day notice and the 7-day notice can all go by e-mail — but only with the signed addendum, so add it to every new lease and renewal (§83.505).
Flood disclosure (§83.512, since October 1, 2025). For any lease with a term of one year or longer, the landlord must give the prospective tenant a separate flood disclosure, at or before signing, stating whether the landlord knows of flooding that damaged the unit during their ownership, has filed a flood-related insurance claim, or has received federal flood assistance — and reminding the tenant that renters’ insurance does not cover flood. If the form is not given and the tenant then suffers flooding that destroys half or more of the value of their personal property, the tenant may terminate the lease within 30 days of the loss and recover prepaid rent (§83.512). This is the rental-side twin of the FD-1 form sellers must give buyers, which I cover in the seller disclosure guide; in Collier County’s coastal zones it is a form every annual landlord now needs in the file, and the flood zone guide explains what the zones mean for the building itself.
Ed’s Take: What This Means in Naples and Collier County
Most of the rental stock I deal with here is either an annual lease on a house or condo, or a seasonal rental of a few months. The annual side now carries three pieces of paper that did not exist three years ago — the fee-in-lieu agreement if you offer one, the e-mail addendum, and the flood form — and I would treat all three as standard. The seasonal side lives mostly under 90 days and outside the flood-form rule, but it lives inside the condo association’s approval process, and the association’s rules become lease terms the moment the tenant signs; what the association cannot do is strip a tenant of a Chapter 83 right, because §83.47 voids any lease clause that tries. The economics of both models are in my rental market analysis and the seasonal rental profit study; the short-term-rental registration rules are a separate subject, covered in the vacation rental legislation guide.
Two predictions. First, the October 2026 fraud statute will push Naples landlords and managers toward third-party income and identity verification rather than accepting emailed paystubs, because the felony only bites if you can prove the documents were forged. Second, e-mail notices will become the default within a couple of years, and the disputes will shift from “I never got it” to “I revoked the addendum” — so keep the signed addendum and every revocation in the file alongside the lease. If you are weighing whether to keep a rental at all in the current market, the analysis in my investment outlook and the investing page is the place to start.
Frequently Asked Questions
How long does a Florida landlord have to return a security deposit in 2026?
Fifteen days after the tenancy ends if no claim is made. If the landlord intends to keep any of it, the written claim notice must be sent within 30 days, and the tenant has 15 days after receiving it to object (§83.49(3)).
Is there any limit on rent increases in Florida?
No statewide cap exists and local rent control is prohibited. A fixed-term lease locks the rent for its term; a month-to-month tenancy can be ended by either side on 30 days’ notice, which is the practical minimum for an increase. Retaliatory and discriminatory increases are unlawful.
Is the fee paid instead of a security deposit refundable?
Generally no. The statute lets the written agreement make it nonrefundable, and the fee is expressly not a security deposit. The tenant may stop paying the fee at any time by paying the deposit the lease specifies (§83.491).
How much notice is required to end a month-to-month tenancy in Florida?
At least 30 days before the end of any monthly period, from either the landlord or the tenant, since July 1, 2023 (§83.57(3)).
Can I remove a squatter in Florida without going to court?
Yes, through the sheriff under §82.036, provided every statutory condition is met — including that the occupant is not a current or former tenant under a lease you authorized. Using the procedure against a tenant exposes you to triple-rent damages.
Can landlord-tenant notices be sent by text or e-mail?
By e-mail, yes, once both parties have signed the §83.505 addendum; a notice is then deemed delivered when sent. Text messages are not an authorized delivery method for statutory notices.
Ed DiMarco is a Naples, Florida Realtor with Realty Hub offering full-service listings at a 1% fee and buyer representation that credits leftover buyer-agent compensation back at closing. He writes data-first, source-cited guides to the Southwest Florida market at NaplesEd.com.
References
Fla. Stat. §83.49 (2026), Deposit money or advance rent: flsenate.gov
Fla. Stat. §83.491 (2026), Fee in lieu of security deposit: flsenate.gov
Fla. Stat. §83.425 (2026), Preemption: flsenate.gov
Fla. Stat. §83.505 (2026), Electronic delivery of notices; CS/CS/CS/HB 615 (2025), ch. 2025-16: bill page
Fla. Stat. §83.51 and §83.53 (2026), Landlord’s obligation to maintain; access: §83.51 · §83.53
Fla. Stat. §83.512 (2026), Flood disclosure to prospective tenant; CS/CS/SB 948 (2025), ch. 2025-166: bill page
Fla. Stat. §83.56, §83.57 and §83.575 (2026), Termination and notice: §83.56 · §83.57 · §83.575
Fla. Stat. §83.60, §83.62, §83.63, §83.64 and §83.67 (2026), Defenses, writ of possession, casualty, retaliation, prohibited practices: Chapter 83 full text
Fla. Stat. §82.036 (2026), Removal of unauthorized persons from residential real property: flsenate.gov
Fla. Stat. §166.043 (2026), Ordinances imposing price controls: flsenate.gov
Fla. Stat. §817.537 (2026), Fraudulent entry of a residential dwelling unit; CS/HB 1293 (2026), ch. 2026-143, effective October 1, 2026: bill page
Senate Bill 64 (2026), Medical Review Committees — died in Judiciary March 13, 2026 (the bill misreported as a rent cap): bill page
