Florida Residential Lease Agreement
What Florida law requires in a residential lease — the deposit cap, the return deadline, the notice to end a month-to-month tenancy, and the disclosures you have to give the tenant. Every figure is cited to the statute it comes from and dated. The free Florida lease template is one click away.
Maintained by Rapi Stack · Every state-specific figure on this page is cited to its statute or official agency page · Dataset last verified 2026 · Not legal advice.
Other Florida rules your lease has to live with
Beyond the deposit, Florida law sets rules on entry, late fees, and repairs that apply whether or not the lease mentions them.
- Landlord entry. Florida requires at least 24 hours’ notice before a non-emergency entry. — Fla. Stat. § 83.53(2) ↗
- Repair and deduct. No repair-and-deduct statute; tenant may withhold rent as a defense after 7 days' written notice of material noncompliance with § 83.51(1) (§ 83.60(1)(b)). — Fla. Stat. § 83.60(1)(b) ↗
- Habitability. Florida law implies a warranty of habitability into every residential lease; a clause waiving it is unenforceable. — Fla. Stat. § 83.51(1) ↗
Each point links to the Florida source it was taken from. Rules change; confirm before relying on them.
What Florida law requires · as of 2026
- Max security deposit
- No statutory limit
- Deposit return deadline
- 30 days after move-out
- Notice to end month-to-month
- 30 daysFla. Stat. §83.57(3)
Source: Fla. Stat. §83.49 · verify ↗. Laws change — confirm the current rule before you rely on it.
Deposit still not back 30 days after move-out? Ask for it in writing with a Florida security deposit demand letter; if that doesn’t work, the usual next step is Florida small claims court.
Need the document itself?
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Required disclosures in Florida
What Florida law says a residential landlord has to tell the tenant, each with the statute it comes from. Federal rules and some city ordinances can add more.
Radon gas disclosure (mandatory text)
Every Florida lease over 45 days must include this exact statutory text: "RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department." Our template includes it.
Source: Fla. Stat. §404.056(5)
Security deposit holding notice (30 days)
Landlords with 5 or more units must notify the tenant in writing, within 30 days of receiving the deposit, of the depository name and address (or surety bond) and whether the deposit earns interest — and again within 30 days of any change.
Source: Fla. Stat. §83.49(2)-(3)
Frequently asked questions
How much security deposit can a landlord charge in Florida?
Florida does not set a statutory cap on the security deposit, so the amount is negotiable — but it must be returned within 30 days after you move out (as of 2026). Source: Fla. Stat. §83.49.
Is this lease valid in Florida?
A written lease that identifies the parties, the property, the term, and the rent is generally enforceable in Florida once both sides sign. What it cannot do is contract around Florida law: the deposit rules, entry notice, and habitability duties below apply whether or not the lease mentions them.
How much notice must a landlord give before entering a rental in Florida?
Florida requires at least 24 hours' notice for a non-emergency entry. Source: Fla. Stat. § 83.53(2).
Can a tenant repair and deduct rent in Florida?
No repair-and-deduct statute; tenant may withhold rent as a defense after 7 days' written notice of material noncompliance with § 83.51(1) (§ 83.60(1)(b)). Source: Fla. Stat. § 83.60(1)(b).
What does a landlord have to disclose in Florida?
Under Florida law: Radon gas disclosure (mandatory text) (Fla. Stat. §404.056(5)); Security deposit holding notice (30 days) (Fla. Stat. §83.49(2)-(3)). Federal and local rules can add more; each item on this page links to the law it comes from.
How does Florida compare? See the security deposit limits in all 50 states, every figure cited to statute.
How Florida compares
Computed from our 51-jurisdiction dataset (as of 2026). Source for Florida: Fla. Stat. §83.49 ↗.
- Florida is one of 22 of 51 jurisdictions that set no statutory cap on the security deposit (29 cap the deposit by statute).
- Deposit return deadline
Deposit return deadline: 30 days, exactly the national median.
This is the most common figure nationally — shared by 26 other states.
Deposit return deadline in neighboring states — Alabama (60 days), Georgia (30 days).
- Notice to end a month-to-month tenancy
Notice to end a month-to-month tenancy: 30 days, exactly the national median.
This is the most common figure nationally — shared by 39 other states.
Notice to end a month-to-month tenancy in neighboring states — Alabama (30 days), Georgia (30 days). Every neighboring state with a rule matches Florida.
The rest of what Florida requires
The figures below are Florida's, not national averages — each one is the value we verified for this state, with the statute it comes from. Follow a row to the full Florida page for that document.
- Notice for unpaid rent · as of 2026
- 3 days to pay or quit Fla. Stat. § 83.56; § 83.57 ↗
- Notice to cure a lease violation · as of 2026
- 7 days Fla. Stat. § 83.56; § 83.57 ↗
- Small claims limit · as of 2026
- $8,000 Fla. Small Claims Rule 7.010; Fla. Stat. §34.041 ↗
- Where you file · as of 2026
- Small Claims (county court, proceeding under the Florida Small Claims Rules) · filing fee Graduated: about $55 (under $100) / $80 ($100-$500) / $175 ($500-$2,500) / $300 ($2,500-$8,000) - statutory base $50/$75/$170/$295 under Fla. Stat. §34.041 plus clerk service charges (amounts from the Miami-Dade Clerk schedule; other counties are similar) Fla. Small Claims Rule 7.010; Fla. Stat. §34.041 ↗
- Rental application fee · as of July 2026
- No statutory limit Florida Senate ↗
- Bill of sale notarization · as of 2026
- Not required Florida FLHSMV (Form HSMV 82050) ↗
- Power of attorney signing · as of 2026
- Notarization required · 2 witnesses Fla. Stat. §709.2105 ↗
- LLC operating agreement · as of 2026
- Not required by statute, but it controls over the default rules Fla. Stat. § 605.0102(45) ↗
- Recording a deed · as of 2026
- Clerk of the Circuit Court (ex officio county recorder, Fla. Stat. § 28.222); in some counties styled Clerk of the Circuit Court and Comptroller · 2 witnesses Fla. Stat. § 689.01 ↗
Lease agreement in other states
More Florida legal forms
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