Security Deposit Rules
Notice Requirements
Florida leases with 45-day auto-renewal notice windows in a market where rents are rising 10–20% annually. Miami commercial leases with aggressive holdover provisions — 150–200% of base rent is common in premium Brickell buildings. Condotels and short-term rental restrictions that affect your use.
Rent Control
Rent Control: No statewide rent control
Habitability & Repair Requirements
Florida landlords are required to maintain rental units in habitable condition. Florida is landlord-favorable with no rent control permitted anywhere in the state. Deposit rules and entry notice requirements exist but provide minimal protection compared to states like California or New York. The fast-growing rental market means landlords have significant leverage in Miami, Tampa, and Orlando.
Eviction Process
Miami's residential market has seen dramatic rent appreciation — 30–40% increases between 2021 and 2023. Tampa and Orlando are both landlord-favorable with vacancy under 5%. Commercial markets are booming in Miami's Brickell corridor and downtown Orlando. Fort Lauderdale and West Palm Beach have absorbed significant demand from Miami overflow.
Tenant Protections & Notable Laws
Frequently Asked Questions
- What is the security deposit limit in Florida?
- Florida has no statutory cap on security deposits. Landlords can charge any amount. If the landlord doesn't put the deposit in a separate account, they must pay 5% interest annually or give the tenant written notice within 30 days of where the deposit is held.
- How much notice must a Florida landlord give before entering?
- Florida requires 12 hours advance notice before entry. Entry must occur at reasonable times. Landlords can enter without notice in emergencies.
- Does Florida have rent control?
- No. Florida passed legislation in 2023 that preempts local rent control ordinances. Miami-Dade and Orange County had adopted rent stabilization measures that were subsequently invalidated under this law.
- What is the 'waiver by silence' risk in Florida?
- If your landlord sends a notice of intent to claim against your security deposit and you don't object within 15 days, Florida law may treat your silence as waiving your right to dispute the deductions. Always respond to Florida landlord deposit notices promptly.
- How long does a Florida landlord have to return a security deposit?
- If no deductions: 15 days. If deductions are taken: 30 days with itemized notice. Landlords who fail to comply forfeit their right to retain any portion of the deposit.
Cities in Florida
Find city-specific lease guides for major markets in Florida: