Florida Landlord-Tenant FAQ: 20 Answers (2026)

No. Florida Statutes §166.043 explicitly preempts all local rent control ordinances. No city, county, or municipality in Florida can impose rent caps, rent stabilization, or percentage limits on annual rent increases. This preemption has been in effect since 1977. Landlords can set rent at any amount and raise rent by any amount with proper notice. The only exception is the state’s price gouging law (§501.160), which may temporarily apply to rental housing during a declared state of emergency.

For month-to-month tenancies, you must give at least 15 days’ notice before the start of the next rental period (§83.57). For quarter-to-quarter, 30 days. For year-to-year, 60 days. You cannot raise rent during a fixed-term lease unless the lease specifically allows it. No justification is required — you simply need to provide proper written notice of the new amount.

Yes, but the late fee must be “reasonable” and specified in the lease agreement. Florida law does not set a specific cap on late fees, but courts have invalidated fees that are excessive or punitive. Industry standard is 5–10% of the monthly rent or a flat fee of $50–$100. The fee must be clearly stated in the lease, and you cannot charge a late fee unless the lease includes a provision for one.

No. Florida law does not require a grace period for rent payments. Rent is due on the date specified in the lease (typically the 1st of the month), and the landlord can begin the eviction process on the day after rent is due. However, many Florida leases voluntarily include a 3–5 day grace period before late fees apply. If the lease includes a grace period, the landlord must honor it.

Uncontested evictions typically take 25–35 days from notice to writ of possession. Contested evictions take 60–90 days. The breakdown: notice period (3–15 days) + filing and service (3–5 days) + tenant response window (5 business days) + default motion or hearing (5–45 days) + writ execution (24 hours). Florida is among the fastest states for evictions. See the full Florida Eviction Process Guide.

Four types: (1) 3-Day Notice to Pay for nonpayment of rent (excludes weekends/holidays), (2) 7-Day Notice to Cure for fixable lease violations, (3) 7-Day Unconditional Quit for repeated violations within 12 months or irreparable breaches, and (4) 15-Day Notice to Terminate for ending a month-to-month tenancy without cause. Using the wrong type will get your case dismissed. Get free templates here.

Uncontested: $1,000–$2,000 total (filing fee $185–$400, process server $30–$75, writ of possession $70–$115, attorney $500–$1,500). Contested: $2,500–$5,000+ (attorney fees increase significantly). If the lease has a reciprocal attorney’s fees clause, the prevailing party can recover their fees from the losing party.

Yes. Florida §83.60(2) allows tenants to deposit the disputed rent into the court registry while contesting the eviction. This lets the tenant remain in the unit during the proceedings. The tenant must deposit the rent within 5 days of the date the answer is due. If they fail to deposit, the landlord can motion for immediate default judgment — even if the tenant filed an answer. This is a unique Florida provision.

Florida §83.53 requires a minimum of 12 hours’ notice before entering a tenant’s unit, and entry must occur at a “reasonable time.” Permitted reasons include inspections, making repairs, showing the unit to prospective tenants or buyers, and emergencies. No notice is required for genuine emergencies. The tenant cannot unreasonably withhold consent to entry for legitimate purposes.

No. Florida §83.64 prohibits landlord retaliation. You cannot raise rent, reduce services, or threaten eviction in response to a tenant exercising their legal rights — including complaining to a government agency, organizing a tenant union, or exercising rights under the lease. If the tenant can prove retaliation, they can recover actual damages, and the retaliatory action can be used as a defense in an eviction proceeding.

Florida landlords must comply with both the federal Fair Housing Act and the Florida Fair Housing Act (§§760.20–760.37). Protected classes include race, color, national origin, religion, sex, familial status, disability, and (under Florida law) age and marital status. You cannot discriminate in advertising, screening, leasing, or any other aspect of the rental relationship. Reasonable accommodations must be made for tenants with disabilities.

Florida tenants may legally break a lease early in certain situations: (1) Active military duty under the federal Servicemembers Civil Relief Act (SCRA), with 30 days’ written notice + copy of orders, (2) Domestic violence under §83.682, if the tenant has a restraining order or police report, (3) Landlord fails to maintain the property after 7-day written notice (§83.56(1)), (4) Landlord harasses or illegally enters in violation of §83.53. In all other cases, the tenant is liable for remaining rent, but the landlord has a duty to mitigate damages by making reasonable efforts to re-rent the unit.