Florida landlord-tenant laws.
Notable Florida quirk
Missing the 30-day certified-mail deduction notice forfeits the deposit claim entirely. Since July 2023, landlords may offer a monthly non-refundable fee in lieu of a deposit (§ 83.491).
Florida landlord law FAQ
Is there a limit on late fees in Florida?
No. Florida has no statutory cap on residential late fees; the fee must be in the lease and reasonable, courts have generally accepted about 5–10% of monthly rent and struck punitive fees.
When must I return a tenant's deposit in Florida?
Within 15 days if you claim nothing. To keep any portion, send certified-mail written notice within 30 days of the tenant vacating; the tenant has 15 days to object (§ 83.49(3)). Missing the 30-day notice deadline forfeits your claim.
How much can I charge for a security deposit in Florida?
There is no statutory cap under Fla. Stat. § 83.49; the lease sets the amount. Since July 2023, § 83.491 also lets landlords offer tenants a monthly non-refundable fee instead of a deposit.
How much notice do I give before entering the unit in Florida?
At least 24 hours for repairs, and only between 7:30 a.m. and 8:00 p.m. (Fla. Stat. § 83.53, changed from 12 hours effective July 1, 2022). No notice is needed in a genuine emergency.
What's the small claims limit in Florida?
$8,000, not counting costs, interest, or attorney fees (Fla. Sm. Cl. R. 7.010). Above that, the case goes to regular county/circuit civil court.
How much can a landlord charge for late rent in Florida?
No statutory cap, must be in the lease and reasonable (~5–10% generally accepted). Grace period: None statutory, the lease controls. Late fee terms should always be written into the lease.
What is the security deposit limit in Florida?
No statutory cap. Deposit return deadline: 15 days (no deductions) / 30-day certified-mail notice to claim deductions.
How much notice does a landlord need to enter a rental in Florida?
24 hours (for repairs), 7:30 a.m.–8:00 p.m..
Is there rent control in Florida?
Prohibited except in declared housing emergencies.
Sources
Summarized from public statutes, state bar guides, and provincial residential tenancy acts. Last reviewed 2026-07-02. Deposit statute: Fla. Stat. § 83.49. Late fee statute: None, statutory silence in Fla. Stat. ch. 83 pt. II; the lease controls.
- Fla. Stat. § 83.49 (deposits)
- Fla. Stat. § 83.491 (fee in lieu of deposit)
- Fla. Stat. § 83.53 (entry)
- Florida Small Claims Rules (2026), Rule 7.010
This page is general information, not legal advice. Consult a local attorney for your specific situation.
Other states
Georgia
2 months' rent (leases entered/renewed on or after July 1, 2024); no cap on older leases
Hawaii
1 month's rent (plus an agreed pet deposit)
Idaho
No cap
Illinois
No state cap (suburban Cook County caps at 1.5 months; Chicago has no cap)
Indiana
No cap
Iowa
2 months' rent
Kansas
1 month (unfurnished) / 1.5 months (furnished)
Kentucky
No cap