Rent

Renting in Florida

Florida rental law runs on deadlines, and most disputes are decided by who missed one. A landlord has 30 days^† to claim against your deposit, 3 days, excluding weekends and legal holidays^† to demand unpaid rent, and 30 days^† to end a month-to-month tenancy. Each of those is a hard number, and each is regularly got wrong by both sides.

Almost every remedy on either side begins with a written notice and a defined number of days.

The notice periods

Situation	Notice required	Statute
Unpaid rent	3 days, excluding weekends and legal holidays^†	§83.56
Curable lease violation	7 days^†	§83.56
Ending a week-to-week tenancy	7 days^†	§83.57
Ending a month-to-month tenancy	30 days^†	§83.57
Ending a year-to-year tenancy	60 days^†	§83.57

Two things widely got wrong

First, the three-day notice for unpaid rent excludes Saturdays, Sundays and legal holidays. Served on a Thursday before a holiday weekend, three days is not the following Sunday. Both sides miscount this constantly.

Second, month-to-month notice is 30 days^†, raised from fifteen days by HB 1417 in July 2023. A surprising number of published guides and lease templates still say fifteen.

The three-day notice has a statutory form

Its wording is prescribed in §83.56(3). A landlord who paraphrases it, omits part of it, or adds their own language can have the notice voided by the county court — which means starting the whole eviction over. For a landlord this is the single cheapest mistake to avoid; for a tenant it is worth reading the notice carefully against the statute.

Deposits

A landlord has 15 days^† to return the deposit in full, or 30 days^† to give written notice of a claim. Missing both forfeits the right to claim entirely — which is the most consequential and least known rule in Florida tenancy law.

Security deposits in fullThe 15, 30 and 15 day rules, and where wear ends and damage begins.

Housing vouchers

Florida landlords may legally refuse a voucher — there is no statewide source-of-income protection^†. This is the opposite of the position in roughly twenty other states, and it is the fact that most wastes people’s time when they assume otherwise.

Being a landlord in FloridaMost losses come from procedure, not from bad tenants.Hiring a property managerThere is no such licence — it takes a broker licence, and almost nobody checks.Storm damage and your leaseTerminate or pay less — but nobody has to rehouse you.Renters insuranceBuy it for the loss of use, not for the furniture.Ending a tenancyNotice periods, breaking a lease, and the date you must count backwards from.When the landlord will not repairThe seven-day notice that unlocks every remedy.The writ of possessionThe 24 hours at the end — and weekends do not extend them.Emotional support animalsA no-pets policy is not an answer — and an internet certificate is not documentation.Section 8 and housing vouchersWhat you pay, how the waiting lists work, and the search tactic that saves a limited voucher period.

What a landlord may not do

Self-help eviction is illegal. Changing the locks, removing doors, shutting off utilities or taking a tenant’s property to force them out is unlawful regardless of how much rent is owed. Eviction runs through the court, and only a sheriff executes a writ of possession.
Retaliate for a tenant complaining to a housing authority or exercising a legal right.
Discriminate on race, colour, national origin, religion, sex, familial status or disability. Federal Fair Housing applies to every landlord.
Keep a deposit without following the notice procedure, however justified the deduction would have been on the merits.

What a tenant still owes

Rent remains due while a dispute is running. Withholding rent because a repair has not been made is risky in Florida and has its own statutory procedure that must be followed precisely — improvising it is how a tenant with a genuine grievance loses the case anyway. Give written notice, keep copies, and get advice before withholding anything.

Common questions

How much notice must a Florida landlord give to end a month-to-month lease?

30 days. This was raised from 15 days by HB 1417, effective 1 July 2023, so older guides and lease templates quoting 15 days are out of date.

How many days is a Florida 3-day eviction notice really?

Three days excluding Saturdays, Sundays and legal holidays. Served before a holiday weekend the actual deadline lands several calendar days later than people assume.

Can my landlord change the locks in Florida?

No. Self-help eviction — changing locks, removing doors, cutting off utilities or seizing belongings — is unlawful no matter how much rent is owed. Eviction must go through the court and only a sheriff executes a writ of possession.

How long does a landlord have to return my deposit in Florida?

15 days to return it in full, or 30 days to send written notice of any claim. A landlord who does neither forfeits the right to claim against the deposit.

Do Florida landlords have to accept Section 8 vouchers?

No. Florida has no statewide source-of-income protection, so refusing a voucher is lawful. A few local ordinances differ, so check your own city or county.

Residential tenancies are governed by Chapter 83, Part II of the Florida Statutes. Lease terms may add obligations but cannot shorten statutory notice periods. General information, not legal advice.