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. The deposit must be returned within 15 days (no deductions) / 30-day certified-mail notice to claim deductions after move-out.
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
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