Florida landlord-tenant law lives in Florida Statute 83, Part II. It's not optional reading — it's the rulebook. Every lease provision, every notice, every deposit decision you make has to line up with this statute. Get it wrong, and you lose in court. Period.
Here's the plain-English version of what matters most for Tampa Bay rental property owners.
What are a landlord's obligations under Florida law?
Florida Statute 83.51 spells out your duties clearly:
- Maintain the roof, walls, floors, doors, and windows in good repair
- Maintain plumbing in reasonable working condition
- Provide functioning heat (air conditioning is required if it was provided at the start of the tenancy)
- Provide working smoke detectors
- Comply with all building, housing, and health codes
- Provide reasonable notice before entering (at least 12 hours, and only at reasonable times)
- Keep common areas safe and clean (for multi-unit properties)
This is not a suggestion list. If you fail to maintain these standards and the tenant gives you written notice, they may have the right to withhold rent or terminate the lease. A professional property manager ensures these obligations are met consistently.
How do security deposits work in Florida?
This is where most self-managing landlords make expensive mistakes. Florida Statute 83.49 is very specific:
How much can you charge? There's no statutory cap on security deposits in Florida. Most Tampa Bay landlords charge one month's rent. For higher-risk tenants (lower credit score, pets), you can charge more.
Where does the deposit go? You have three options:
1. A separate non-interest-bearing account in a Florida banking institution
2. A separate interest-bearing account (you owe the tenant interest or 75% of the interest rate, whichever is greater — 5% per year as of recent statute)
3. A surety bond posted with the county clerk
Within 30 days of receiving the deposit, you must notify the tenant in writing of where it's held, the account number, and whether it's interest-bearing.
When the tenant moves out: You have 15 days to return the full deposit if no claim is made. If you intend to make a claim against the deposit, you must send a certified letter within 30 days detailing the specific deductions. Miss that 30-day window, and you forfeit your right to keep any of it.
We cover deposits in more detail in our security deposit guide.
What notice is required before eviction?
Florida requires specific notices before you can file for eviction:
- 3-Day Notice for nonpayment of rent (excludes weekends and holidays)
- 7-Day Notice for curable lease violations (the tenant has 7 days to fix the issue)
- 7-Day Unconditional Quit for non-curable lease violations or repeated violations
- 15-Day Notice for month-to-month tenancies (either party can terminate with 15 days' notice before the next rental period)
These notices must be in writing, must include specific language required by the statute, and must be delivered properly (hand-delivered, posted on the door, or sent by mail). A notice with wrong language or wrong delivery can get your eviction case thrown out.
Can I enter the property whenever I want?
No. Florida Statute 83.53 requires:
- 12 hours minimum written notice for entry
- Entry must be at a reasonable time (generally 7:30 AM – 8:00 PM)
- You can enter without notice only in cases of emergency (fire, flooding, etc.) or if the tenant has abandoned the property
"I own the property" is not a legal reason to enter unannounced. Violations of this provision can result in the tenant recovering damages.
What about lease renewals and rent increases?
Florida has no rent control. You can raise rent by any amount at lease renewal. However:
- You cannot raise rent during an active lease term unless the lease specifically allows it
- For month-to-month tenancies, you must give 15 days' notice before the next rental period
- Rent increases cannot be retaliatory (e.g., raising rent because a tenant filed a legitimate complaint)
What repairs is the tenant responsible for?
Under Florida Statute 83.52, tenants must:
- Keep the premises clean and sanitary
- Remove garbage in a clean and sanitary manner
- Keep plumbing fixtures clean and in repair (not causing drain clogs, for example)
- Not destroy, damage, or remove property belonging to the landlord
- Not disturb neighbors
- Comply with all building, housing, and health codes
Anything beyond normal wear and tear that's caused by the tenant or their guests is the tenant's financial responsibility.
What should your lease include?
A strong Florida-compliant lease should cover:
- Rent amount, due date, and accepted payment methods
- Late fee terms (Florida allows "reasonable" late fees — we specify in the lease)
- Security deposit amount and terms
- Maintenance responsibilities and how to submit repair requests
- Pet policy (including breed restrictions, deposits, and pet rent)
- HOA rules and tenant responsibilities under the HOA
- Entry notice provisions
- Lease termination and renewal terms
- Military clause (Servicemembers Civil Relief Act compliance)
We use attorney-drafted leases customized for each property. This isn't a template from the internet — it's a document that protects your investment. Our services include lease preparation for every property we manage.
Related reading
- The most common legal mistake landlords make involves security deposits. Read our guide to the 15/30-day security deposit rule.
- Understand how proper screening prevents bad tenants — your first line of legal defense.
- New landlord? Our first-time rental property owner guide covers insurance, banking, and legal setup.
- See all services included in ViVi management and our 5 guarantees.
Frequently Asked Questions
Can I evict a tenant for having an unauthorized pet?
Yes, if your lease prohibits pets or specifies approved pets. This is a lease violation. You would issue a 7-Day Notice to Cure, giving the tenant 7 days to remove the pet. If they don't comply, you can proceed with eviction.
Do I need a lawyer for eviction in Florida?
Not legally required, but strongly recommended. Eviction procedures are technical, and a mistake in your notice or filing can delay the process by weeks. We coordinate eviction filings on behalf of our owners as part of our management services.
Can a tenant break a lease early in Florida?
A tenant can request early termination, but they're generally responsible for rent through the end of the lease term. Florida law requires the landlord to make reasonable efforts to re-rent the property (you can't just collect double rent). Active military members have special protections under federal law.
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*Barrett Henry is the property manager behind ViVi Property Management, serving five Tampa Bay counties with 23+ years of real estate experience.*