Key Takeaways

  • The Florida Residential Landlord and Tenant Act (Chapter 83, Part II) governs residential rentals
  • Security deposits must be held in a Florida banking institution with specific disclosure requirements
  • Landlords must return security deposits within 15 days (no claim) or 30 days (with claim) after move-out
  • Tenants have the right to withhold rent for material breaches after proper 7-day notice
  • Florida landlords cannot lock out tenants—only the sheriff can execute a writ of possession
Last updated: January 2026

Florida Residential Landlord-Tenant Act

The Florida Residential Landlord and Tenant Act (Chapter 83, Part II, Florida Statutes) governs most residential rental relationships.

Important: This section covers Florida-specific content only. For national real estate concepts, see our Real Estate Salesperson exam prep.

Application

The Act applies to:

CoveredNot Covered
Residential rentalsHotels/motels (transient)
ApartmentsOwner-occupied (3 or fewer units)
HousesPublic housing (separate rules)
Condos/townhomesCommercial property

Security Deposits

How Landlord Must Hold Deposit

The landlord must either:

OptionRequirements
Non-interest-bearingFlorida bank, no commingling
Interest-bearingFlorida bank, pay 75% of interest or 5% simple
Surety bondPosted with clerk of court

Required Disclosure

Landlord must notify tenant within 30 days of receiving deposit:

  • Name and address of bank
  • Whether interest-bearing or not
  • Rate of interest (if applicable)

Returning the Deposit

SituationDeadline
No claim against deposit15 days to return
Claim against deposit30 days to send notice
Tenant's objection15 days to dispute landlord's claim

Claim Notice Requirements

If landlord claims any portion of deposit:

  • Must send by certified mail
  • Include itemized list of deductions
  • State tenant has 15 days to object
  • Include required statutory language

Landlord's Duties

Maintenance Requirements

Landlord must:

DutyDescription
Comply with codesBuilding, housing, health codes
Maintain structureRoof, windows, doors, floors
PlumbingKeep in reasonable working order
Hot waterProvide reasonable heat and hot water
Common areasMaintain clean and safe
LocksProvide functioning locks
GarbageProvide appropriate receptacles
ExterminationControl pests (multi-family)

Tenant's Remedies for Landlord Breach

If landlord fails to maintain:

StepAction
1Give 7-day written notice
2Specify the noncompliance
3If not cured, tenant may withhold rent or terminate

Tenant's Duties

Tenants must:

DutyDescription
Pay rentWhen due under lease
Comply with codesHealth, sanitary, building codes
Keep cleanMaintain unit in clean condition
Operate properlyUse fixtures and appliances properly
No damageNot destroy or damage property
Not disturbPeaceful enjoyment of neighbors
Comply with rulesReasonable landlord rules

Prohibited Landlord Actions

Self-Help Eviction Prohibited

Landlords CANNOT:

Prohibited ActionPenalty
Lock out tenantActual damages + attorney's fees
Remove tenant's propertyLiable for damages
Shut off utilitiesIllegal

Key Point: Only a sheriff can execute a writ of possession after court judgment.

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Florida Security Deposit Timeline
Test Your Knowledge

Within how many days must a Florida landlord return a security deposit if making no claim?

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B
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D
Test Your Knowledge

What must a Florida landlord do if they want to claim a portion of the security deposit?

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B
C
D