Being a landlord in Florida
Most money lost by Florida landlords is lost on procedure, not on bad tenants. A deposit claim made a day late is forfeited entirely. A three-day notice with the wording altered can be voided and the eviction restarted. Both are avoidable by knowing three or four rules precisely.
The deposit rules, which are unforgiving
You have 15 days† to return the deposit in full, or 30 days† to give written notice of a claim. Miss both and the right to claim is forfeited — not reduced, not weakened. The deposit goes back regardless of how justified the deduction would have been.
- The notice must be in writing, by certified mail, to the tenant’s last known address.
- It must state the amount claimed and the reason. “Cleaning and damages” is not a reason.
- The tenant then has 15 days† to object, and silence is treated as agreement.
- Diary the clock from when possession actually ended, not from the lease end date.
A dated photographic record at move-in is what makes a deduction defensible. Without a "before", you cannot establish an "after" — and the tenant with photographs wins that argument regardless of who is actually right. It costs ten minutes at the start of every tenancy.
Notices: the wording is prescribed
| Situation | Notice |
|---|---|
| Unpaid rent | 3 days, excluding weekends and legal holidays† |
| Curable lease violation | 7 days† |
| Ending a month-to-month tenancy | 30 days† |
Two things trip landlords repeatedly. The three-day notice excludes Saturdays, Sundays and legal holidays, so it is almost never three calendar days. And its wording is set by statute — paraphrasing it, omitting part, or adding your own language lets a county court void it and start the whole eviction again.
Note also that month-to-month notice is 30 days†, raised from fifteen days in 2023. A lease template still saying fifteen is telling you how old it is.
Self-help is unlawful at every stage
Changing the locks, removing doors, cutting off utilities or taking a tenant’s belongings to force them out is illegal regardless of how much rent is owed — and it remains illegal after you have won a judgment. Only a sheriff executes a writ of possession. Landlords who do this convert a case they were winning into damages against themselves.
Fair housing, where the exposure is disproportionate
- Federal protections cover race, colour, national origin, religion, sex, familial status and disability, and they apply to advertising, screening and the conversation at the door.
- Assistance animals are not pets. A no-pets policy is not an answer, and a housing provider may not charge extra for accommodating an emotional support animal†. You may request supporting information where the disability is not apparent, and a housing provider need not accept an ESA registration, card, patch or identification obtained purely from an internet source†.
- Vouchers are different. Florida landlords may legally refuse a voucher — there is no statewide source-of-income protection† — but refusing an applicant because of a protected characteristic remains unlawful whatever words are used, and a few local ordinances go further than state law.
- Apply screening criteria consistently and in writing. Inconsistency is what turns a defensible decision into a complaint.
If you are letting short-term instead
Renting an entire dwelling more than three times a year† for periods of under 30 days† makes it a public lodging establishment under Chapter 509 — a different licensing regime, different taxes, and local ordinances that may prohibit it entirely. Your association may also forbid it regardless of what the state permits.
The habits that prevent almost all of this
- Dated photographs at move-in and move-out, every time.
- A written condition report signed by both parties.
- Deposit deadlines diaried from the day possession ends.
- Statutory notice wording used verbatim, never rewritten.
- Written screening criteria applied identically to everyone.
- Everything in writing, and everything kept.
Related
Common questions
What happens if a Florida landlord misses the deposit deadline?
The right to claim against the deposit is forfeited entirely — not reduced. The deposit must be returned regardless of how justified the deduction would have been on the merits.
Can I write my own three-day notice?
The wording is prescribed by statute. Paraphrasing it, omitting part of it or adding your own language lets a county court void the notice, which means restarting the eviction from the beginning.
Can I change the locks on a tenant who has not paid?
No. Self-help eviction is unlawful at every stage, including after you have obtained a judgment. Only a sheriff executes a writ of possession, and doing it yourself creates liability against you.
Can a Florida landlord charge a pet fee for an assistance animal?
No. Pet rent, deposits and fees are prohibited for a genuine emotional support animal, and a no-pets policy is not an answer. You may request reliable supporting information where the disability is not readily apparent.
Can I refuse a housing voucher in Florida?
Generally yes — Florida has no statewide source-of-income protection, though a few local ordinances differ. Refusing an applicant because of a federally protected characteristic remains unlawful whatever reason is stated.
What is the most common expensive mistake Florida landlords make?
Procedure rather than tenant selection — a deposit claim made after the deadline, or a statutory notice that was rewritten. Both are entirely avoidable and both are decisive.
Residential tenancies are governed by Chapter 83, Part II of the Florida Statutes, assistance animals by §760.27 alongside federal fair housing law, and short-term lodging by Chapter 509. Lease terms may add obligations but cannot shorten statutory deadlines.