10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
Security deposit size: No statewide statutory cap on security deposits or advance rent; § 83.49 regulates only how the money is held (separate account, surety bond, or commingled with interest) and disclosed. (Fla. Stat. § 83.49(1), confirmed 2026-10). Returning the deposit: Conditional: 15 days to return the full deposit if the landlord makes NO deductions. If deducting, the landlord must send written notice of the claim by certified mail within 30 days; the tenant then has 15 days to object. Failing to send the 30-day notice forfeits the right to claim against the deposit. (Fla. Stat. § 83.49(3), confirmed 2026-07).
How Florida treats the landlord's core obligations
Late fees: No statewide statutory cap on late fees and no mandatory grace period; Part II of ch. 83 contains no late-fee section (rent is 'payable without demand or notice' under § 83.46(1)). Courts may still refuse to enforce punitive fees under § 83.45 (unconscionability). (Fla. Stat. § 83.46(1); ch. 83 Part II generally, confirmed 2026-10). Application fees: No statewide statutory cap on rental application fees; ch. 83 Part II has no application-fee section (only § 83.683 on servicemember applications). (Fla. Stat. ch. 83 Part II (§§ 83.40–83.684), confirmed 2026-10).
Nonpayment notice: 3 days, excluding Saturdays, Sundays and court-observed legal holidays, after delivery of a written demand for the rent or possession, in the statutory form. (Fla. Stat. § 83.56(3), confirmed 2026-10). Rent increases: No statewide statutory rent-increase notice period in ch. 83 Part II; in practice a landlord changes month-to-month rent by giving the § 83.57(3) termination-level notice (30 days before the end of a monthly period). Local rent control is preempted/banned (§ 125.0103, not read this session); some counties have local rent-increase notice ordinances (not verified). (Fla. Stat. § 83.57(3) (by analogy); ch. 83 Part II, confirmed 2026-10). Ending a month-to-month tenancy: Not less than 30 days' notice prior to the end of any monthly period (raised from 15 days by 2024 legislation). (Fla. Stat. § 83.57(3), confirmed 2026-10). Entry: For repairs: reasonable notice means at least 24 hours before entry, between 7:30 a.m. and 8:00 p.m. Entry at any time is allowed for protection or preservation of the premises (emergency). (Fla. Stat. § 83.53(2), confirmed 2026-10).
Florida has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is not on file statewide, although cities and counties can add it. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation generally requires a state license: FL Real Estate Commission (FREC), Ch. 475. Required to collect rent for others.
Security deposits
What Florida allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.
Security deposit limit
Source-confirmed 2026-10
No statewide statutory cap on security deposits or advance rent; § 83.49 regulates only how the money is held (separate account, surety bond, or commingled with interest) and disclosed.
“Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord's agent shall either:”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.
Deposit return deadline
Source-confirmed 2026-07
Conditional: 15 days to return the full deposit if the landlord makes NO deductions. If deducting, the landlord must send written notice of the claim by certified mail within 30 days; the tenant then has 15 days to object. Failing to send the 30-day notice forfeits the right to claim against the deposit.
Reference value in Aptoria's compliance data: “15 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.
Separate pet deposit
Source-confirmed 2026-10
No statewide rule: Fla. Stat. § 83.49 sets no maximum security deposit and does not mention pets or animals, so a separate pet deposit or fee is neither authorized nor prohibited by statute and is not capped; any pet deposit is a 'security deposit' subject to the § 83.49 holding, notice and return rules.
“Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord's agent shall either:”
Excerpt from the cited source as read on the date shown.
Section searched for 'pet' and 'animal' (no occurrences) and for any deposit maximum (none; dollar figures relate only to surety bonds). Absence-of-rule finding.
Reference value in Aptoria's compliance data: “Permitted”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.
Rent, late fees and application fees
The fees a Florida lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.
Late fees
Source-confirmed 2026-10
No statewide statutory cap on late fees and no mandatory grace period; Part II of ch. 83 contains no late-fee section (rent is 'payable without demand or notice' under § 83.46(1)). Courts may still refuse to enforce punitive fees under § 83.45 (unconscionability).
“Unless otherwise agreed, rent is payable without demand or notice”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “No statewide cap (reasonableness standard)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.
Application fee limit
Source-confirmed 2026-10
No statewide statutory cap on rental application fees; ch. 83 Part II has no application-fee section (only § 83.683 on servicemember applications).
“83.49 Deposit money or advance rent; duty of landlord and tenant. 83.491 Fee in lieu of security deposit. ... 83.683 Rental application by a servicemember.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “No statewide cap”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.
Statewide rent regulation
Source-confirmed 2026-10
(b) Statewide preemption: no local government may adopt or maintain any measure imposing controls on rents (Fla. Stat. § 125.0103(2), as amended by ch. 2023-17, removing the former emergency-ordinance exception). No statewide rent cap. Local inclusionary/affordable-housing land-use measures remain permitted (§ 125.0103(3)).
“A municipality, county, or other entity of local government may not adopt or maintain in effect any law, ordinance, rule, or other measure that would have the effect of imposing controls on rents.”
Excerpt from the cited source as read on the date shown.
History note lists s. 2, ch. 2023-17. § 125.0103(2) itself names municipalities.
Reference value in Aptoria's compliance data: “No statewide rent regulation (check local ordinances)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.
Notices, rent increases and termination
How much written notice Florida requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.
Rent-increase notice
Source-confirmed 2026-10
No statewide statutory rent-increase notice period in ch. 83 Part II; in practice a landlord changes month-to-month rent by giving the § 83.57(3) termination-level notice (30 days before the end of a monthly period). Local rent control is preempted/banned (§ 125.0103, not read this session); some counties have local rent-increase notice ordinances (not verified).
“When the tenancy is from month to month, by giving not less than 30 days' notice prior to the end of any monthly period”
Excerpt from the cited source as read on the date shown.
Statute is silent on rent increases; the 30-day figure is the termination notice used in practice.
Reference value in Aptoria's compliance data: “15 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.
Month-to-month termination notice
Source-confirmed 2026-10
Not less than 30 days' notice prior to the end of any monthly period (raised from 15 days by 2024 legislation).
“When the tenancy is from month to month, by giving not less than 30 days' notice prior to the end of any monthly period”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “15 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.
Pay-or-quit notice
Source-confirmed 2026-10
3 days, excluding Saturdays, Sundays and court-observed legal holidays, after delivery of a written demand for the rent or possession, in the statutory form.
“If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “3 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.
Landlord entry
When a Florida landlord may enter an occupied unit and how much notice the tenant must receive.
Non-emergency entry notice
Source-confirmed 2026-10
For repairs: reasonable notice means at least 24 hours before entry, between 7:30 a.m. and 8:00 p.m. Entry at any time is allowed for protection or preservation of the premises (emergency).
“"Reasonable notice" for the purpose of repair is notice given at least 24 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “12 hours”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.
Payments, fair housing and licensing
Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed within card-network limits
Returned-payment (NSF) fee
Sliding-scale statutory cap
FL §68.065: $25 for checks ≤ $50, $30 for $50-$300, $40 OR 5% of face (whichever greater) for > $300.
Source-of-income protection
No statewide protection on file
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
FL Real Estate Commission (FREC), Ch. 475. Required to collect rent for others.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.
Florida next to its neighbors
Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
Federal and state disclosures Aptoria's lease workflow surfaces for Florida. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
• Radon gas
• Fire protection (3-story+ buildings)
• Security deposit holding location (FS 83.49)
Official sources
Primary sources a Florida landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
How much can a landlord charge for a security deposit in Florida?
No statewide statutory cap on security deposits or advance rent; § 83.49 regulates only how the money is held (separate account, surety bond, or commingled with interest) and disclosed. (Fla. Stat. § 83.49(1), confirmed 2026-10).
How long does a Florida landlord have to return the security deposit?
Conditional: 15 days to return the full deposit if the landlord makes NO deductions. If deducting, the landlord must send written notice of the claim by certified mail within 30 days; the tenant then has 15 days to object. Failing to send the 30-day notice forfeits the right to claim against the deposit. (Fla. Stat. § 83.49(3), confirmed 2026-07).
What is the maximum late fee in Florida?
No statewide statutory cap on late fees and no mandatory grace period; Part II of ch. 83 contains no late-fee section (rent is 'payable without demand or notice' under § 83.46(1)). Courts may still refuse to enforce punitive fees under § 83.45 (unconscionability). (Fla. Stat. § 83.46(1); ch. 83 Part II generally, confirmed 2026-10).
How many days does a Florida pay-or-quit notice give the tenant?
3 days, excluding Saturdays, Sundays and court-observed legal holidays, after delivery of a written demand for the rent or possession, in the statutory form. (Fla. Stat. § 83.56(3), confirmed 2026-10).
How much notice must a Florida landlord give before entering?
For repairs: reasonable notice means at least 24 hours before entry, between 7:30 a.m. and 8:00 p.m. Entry at any time is allowed for protection or preservation of the premises (emergency). (Fla. Stat. § 83.53(2), confirmed 2026-10).
How much notice is required to raise rent in Florida?
No statewide statutory rent-increase notice period in ch. 83 Part II; in practice a landlord changes month-to-month rent by giving the § 83.57(3) termination-level notice (30 days before the end of a monthly period). Local rent control is preempted/banned (§ 125.0103, not read this session); some counties have local rent-increase notice ordinances (not verified). (Fla. Stat. § 83.57(3) (by analogy); ch. 83 Part II, confirmed 2026-10).
How much notice is required to end a month-to-month tenancy in Florida?
Not less than 30 days' notice prior to the end of any monthly period (raised from 15 days by 2024 legislation). (Fla. Stat. § 83.57(3), confirmed 2026-10).
Does Florida have statewide rent control?
No statewide rent regulation is on file for Florida. Local ordinances can still limit increases, so check the city or county where the unit sits before setting a renewal rent.
Is source of income a protected class in Florida?
No statewide source-of-income protection is on file for Florida, but cities and counties can adopt it. Check local law before refusing a voucher or benefit income, and apply any screening criteria consistently.
Can a Florida landlord add a surcharge for paying rent by card?
Allowed within card-network limits. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.
How this page was verified
Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 4 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.