---
title: "Florida Landlord-Tenant Law: The Basics for Rental Owners"
description: "What Chapter 83 asks of Florida landlords: lease rules, required disclosures, repairs under §83.51, entry under §83.53, and the notices that end a tenancy."
url: https://floridahosts.com/resources/florida-landlord-tenant-law-basics/
---

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Mid-Term & Long-Term

# Florida Landlord-Tenant Law: The Basics for Rental Owners

What Chapter 83 asks of Florida landlords: lease rules, required disclosures, repairs under §83.51, entry under §83.53, and the notices that end a tenancy.

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By the Florida Hosts team · October 13, 2026 · Mid-Term & Long-Term

Florida’s landlord-tenant rules for homes and apartments are in Part II of Chapter 83, the [Florida Residential Landlord and Tenant Act](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.40.html). It applies to “the rental of a dwelling unit,” sets what every lease can and cannot say, and fixes the landlord’s duties on repairs, entry, deposits and notices. Under [§83.425](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.425.html), it is one statewide set of rules that local governments may not add to.

## Who does Chapter 83 cover, and who does it leave out?

The Act covers residential tenancies. [§83.42](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.42.html) excludes, among others, “transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging” and occupancy by the owner of a condominium unit. Nightly vacation rentals licensed by the DBPR are regulated under Chapter 509 instead.

Furnished stays of a month or more sit closer to the line. Our guide to [mid-term rentals in Florida](/resources/mid-term-rentals-in-florida/) explains why the safer course is to treat those stays as if Chapter 83 applies.

The preemption in §83.425 is broad. It names “the screening process used by a landlord in approving tenancies; security deposits; rental agreement applications and fees associated with such applications; terms and conditions of rental agreements,” required disclosures, landlord fees and notice requirements as matters reserved to the state.

## Does a Florida lease have to be in writing?

Chapter 83 defines a [rental agreement](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.43.html) as any written agreement, “or oral agreement for a duration of less than 1 year,” providing for use and occupancy of premises. A lease longer than one year falls under Florida’s statute of frauds, [§725.01](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799%2F0725%2FSections%2F0725.01.html), and must be in writing and signed by the party to be charged.

If a lease says nothing about its length, [§83.46(2)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.46.html) sets the tenancy by how often rent is paid: monthly rent makes a month-to-month tenancy, weekly rent a week-to-week one. Unless agreed otherwise, rent is due at the start of each period without demand or notice.

Some clauses do not work no matter what the tenant signs:

-   A clause that waives the tenant’s rights under the Act, or limits either party’s liability arising under law, is “void and unenforceable” under [§83.47](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.47.html).
-   The prevailing party’s right to attorney fees in a lease dispute “may not be waived in a lease agreement,” per [§83.48](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.48.html).
-   A court may refuse to enforce an unconscionable lease or clause under [§83.45](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.45.html).

## What must a Florida landlord disclose?

Several disclosures are required by statute or federal rule:

-   Name and address. [§83.50](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.50.html) requires the landlord to disclose in writing, at or before the start of the tenancy, the name and address of the landlord or a person authorized to receive notices.
-   Security deposit. A landlord with five or more units must give written notice of where the deposit is held, in the lease or within 30 days, under [§83.49(2)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.49.html). Our [security deposit guide](/resources/florida-security-deposit-rules/) covers the full rules.
-   Flood history. For a lease of one year or longer, [§83.512](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.512.html) requires a separate flood disclosure stating whether the landlord knows of flood damage, has filed a flood claim, or has received flood assistance such as FEMA aid.
-   Radon. [§404.056(5)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499%2F0404%2FSections%2F0404.056.html) requires the statutory radon statement on at least one document signed at or before the rental agreement.
-   Lead paint. For most housing built before 1978, federal rules require an EPA pamphlet and disclosure of known lead paint before the lease is signed, per the [EPA’s disclosure rule](https://www.epa.gov/lead/real-estate-disclosure).

Notices can go by email only if both sides sign the addendum described in [§83.505](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.505.html), and the sender must keep a copy and proof of transmission.

## What repairs is a Florida landlord responsible for?

Under [§83.51(1)](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.51.html), the landlord must comply with applicable building, housing and health codes. Where there are none, the landlord must keep the roof, windows, doors, floors, steps, porches, exterior walls, foundations and other structural parts in good repair, and the plumbing “in reasonable working condition.” Screens must be in reasonable condition at move-in and repaired once a year when needed.

For anything other than a single-family home or duplex, §83.51(2)(a) adds, unless otherwise agreed in writing: extermination of pests including bedbugs, locks and keys, clean and safe common areas, garbage removal, and “functioning facilities for heat during winter, running water, and hot water.” For a single-family home or duplex, the landlord must install working smoke detectors at the start of the tenancy unless agreed otherwise in writing.

The lease may make the tenant pay for garbage removal, water, fuel or utilities. The tenant has duties too: [§83.52](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.52.html) requires the tenant to keep the unit clean and sanitary, use appliances reasonably, avoid damaging the property and not disturb the neighbors.

## When can a landlord enter the home?

[§83.53](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.53.html) sets the rules. The tenant may not unreasonably withhold consent for inspections, repairs, agreed services or showings. For repairs, “reasonable notice” means at least 24 hours, and a reasonable time means between 7:30 a.m. and 8:00 p.m.

The landlord may enter at any time “for the protection or preservation of the premises.” For the other purposes, entry is allowed with consent, in an emergency, when the tenant unreasonably withholds consent, or when the tenant has been absent for half a rent period. The statute ends with a plain limit: the landlord “shall not abuse the right of access nor use it to harass the tenant.”

## What notices end a Florida tenancy?

A tenancy without a fixed end date ends by written notice under [§83.57](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.57.html):

Tenancy

Minimum notice before the end of the period

Year to year

60 days

Quarter to quarter

30 days

Month to month

30 days

Week to week

7 days

A fixed-term lease may require notice before move-out, but under [§83.575](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.575.html) it cannot require less than 30 days’ or more than 60 days’ notice from either side. A tenant who stays on after the lease ends without permission can owe “double the amount of rent due” for the holdover period under [§83.58](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.58.html).

Ending a tenancy for unpaid rent or a lease violation uses the 3-day and 7-day notices in §83.56. Our [Florida eviction guide](/resources/florida-eviction-process-for-owners/) walks through those notices and the court process.

## What can a landlord never do?

[§83.67](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.67.html) bars cutting off utilities, changing the locks, removing doors or windows except for repair, and removing a tenant’s belongings except after surrender, abandonment or a lawful eviction. The penalty is actual and consequential damages or three months’ rent, whichever is greater, plus costs and attorney’s fees.

[§83.64](https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099%2F0083%2FSections%2F0083.64.html) makes it unlawful to raise rent, cut services or threaten eviction primarily to retaliate against a tenant who complained to a code agency, joined a tenant group or exercised fair housing rights. Good cause, such as nonpayment, is a defense.

## How Florida Hosts helps

Florida Hosts offers [long-term rental management](/services/long-term-rental-management/) across Florida, with licensed brokers handling the leasing. Our own maintenance staff take care of repairs, which is where most of the §83.51 duties land in practice.

If you are deciding between an annual lease and furnished or nightly rentals, our [comparison of rental types in Florida](/resources/airbnb-vs-long-term-rental-florida/) lays out the rules for each, and a [free rental projection](/rental-projection/) is sent within one business day.

This guide is general information, not legal advice; confirm how Chapter 83 applies to your property with a Florida attorney.

FH

Written by the Florida Hosts team

We're a vacation rental management company working across Florida. We manage 350+ homes, have earned 10,000+ guest reviews, and bring 10 years of hands-on hosting experience to every guide we publish. [More about Florida Hosts →](/about/)

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Common Questions

## Frequently Asked Questions

Does a Florida lease have to be in writing?

Not always. Chapter 83 treats an oral agreement for less than one year as a rental agreement, but Florida's statute of frauds requires a lease longer than one year to be in writing and signed. A written lease is the only practical way to prove the terms either way.

How much notice does a Florida landlord need to give before entering?

For repairs, at least 24 hours' notice, with entry between 7:30 a.m. and 8:00 p.m., under §83.53. A landlord may enter at any time to protect or preserve the premises, and for other purposes with the tenant's consent, in an emergency, or when the tenant unreasonably withholds consent.

How much notice ends a month-to-month tenancy in Florida?

Not less than 30 days' written notice before the end of a monthly period, under §83.57. A year-to-year tenancy needs not less than 60 days before the end of the annual period, and a week-to-week tenancy needs not less than 7 days.

Can a city or county add its own landlord-tenant rules in Florida?

Largely no. Section 83.425 preempts the regulation of residential tenancies to the state, naming screening, security deposits, application fees, lease terms, disclosures, landlord fees and notice requirements among the matters local governments may not regulate.

Can a Florida landlord shut off utilities or change the locks on a tenant?

No. Section 83.67 bars a landlord from interrupting utilities, changing the locks or removing doors to force a tenant out. A landlord who does so is liable for actual and consequential damages or three months' rent, whichever is greater, plus costs and attorney's fees.

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Related guides

## Keep reading

[Mid-Term & Long-Term

### Florida Eviction Process: A Step-by-Step Guide for Owners

How evictions work in Florida: the 3-day and 7-day notices in §83.56, filing in county court under §83.59, the rent deposit rule, and the sheriff's writ.

Read the guide →](/resources/florida-eviction-process-for-owners/) [Mid-Term & Long-Term

### Florida Security Deposit Rules for Landlords (§83.49)

Florida's security deposit law in plain English: where the deposit must be held, the notice tenants get, and the 15-day and 30-day deadlines at move-out.

Read the guide →](/resources/florida-security-deposit-rules/) [Mid-Term & Long-Term

### Mid-Term Rentals in Florida: The 30-Day Line Explained

How furnished stays of 30 days or more work in Florida: the state lodging definition, city 30-day rules, and the taxes still due up to six months.

Read the guide →](/resources/mid-term-rentals-in-florida/)

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