FL · Tenant rights
Tenant Rights in Florida
A plain-English overview of residential renter protections under Florida Residential Landlord and Tenant Act (Fla. Stat. Chapter 83 (Part II)). Use this as a checklist before you sign — then verify anything that looks off in your specific lease.
Key rules at a glance
- Security deposit return: 15 days to return if no claim; 30 days to send written notice of a claim (FS 83.49)
- Landlord entry notice: At least 12 hours' notice before entry is typical under FS 83.53
- Late fees: Florida Statute 83.808 caps residential late fees at $20 or 20% of the monthly rent installment, whichever is greater — and the fee must be written into the lease.
What to check in a Florida lease
- Late fee vs FS 83.808 cap ($20 or 20% of rent)
- Security deposit return under FS 83.49 (15 / 30 day rules)
- 12-hour landlord entry notice (FS 83.53)
- Hurricane / casualty damage clauses
- Admin fees, pest control, and mandatory insurance add-ons
Frequently asked questions
What is Florida's late fee cap?
FS 83.808 generally caps residential late fees at $20 or 20% of the periodic rent payment, whichever is greater, and requires the fee to appear in the lease to be enforceable.
How does Florida security deposit return work?
Under FS 83.49, landlords typically have 15 days to return the full deposit if making no claim, or 30 days to send a written notice of intent to impose a claim.
Before you sign
Statutes set the floor — your lease can still include junk fees, auto-renewals, one-sided indemnification, or deposit language that conflicts with Florida law. Comparing the document to Fla. Stat. Chapter 83 (Part II) is the fastest way to spot problems early.
LeaseGuard.ai provides educational information only and is not a law firm. This page is not legal advice. For disputes or case-specific interpretation, contact a licensed Florida attorney or your local legal aid office.
Also see our lease guides for clause-by-clause renter tips.