Florida Lease Agreement Review
Florida leaves the size of a security deposit to the lease but polices what happens to it at move-out. The procedure in Fla. Stat. 83.49 is strict, and a landlord who misses a step loses the right to claim any of it. Because Fla. Stat. 83.425 preempts local regulation of residential tenancies, renters in Miami, Orlando and Tampa live under the same statewide rules on deposits, fees, lease terms and notices.
Security deposit
No statewide cap
Entry notice
24 hours (repairs)
Security deposits in Florida
Florida sets no statutory deposit cap but imposes strict rules on holding and returning deposits. Entry for repairs needs at least 24 hours’ notice, between 7:30am and 8pm (Fla. Stat. 83.53).
Florida lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in Florida
Florida generally requires 24 hours (repairs) of advance notice before a landlord enters for non-emergency reasons. A lease clause letting the landlord enter “at any time” conflicts with that and should be brought in line.
Habitability and repairs in Florida
Like nearly every state, Florida recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
What is the Florida deposit claim deadline?
If the landlord does not intend to keep any of the deposit, Fla. Stat. 83.49(3) requires return within 15 days after the lease ends. To claim any part, the landlord must send written notice of the amount and reason within 30 days, by certified mail to your last known mailing address or by email where 83.505 allows. You then have 15 days to object in writing. A landlord who misses the 30-day notice forfeits the right to claim against the deposit, though it can still sue separately for damages.
Can you withhold rent for repairs in Florida?
Only by following Fla. Stat. 83.60. You must deliver written notice identifying the landlord's material noncompliance and stating that you will withhold rent, then wait seven days. Material noncompliance can then be a defense to an eviction for nonpayment, with rent reduced to reflect the lost value. In an eviction, a tenant raising defenses other than payment generally must deposit the alleged rent into the court registry, or move to have the rent determined, within five business days of service.
Military tenants
Fla. Stat. 83.682 lets a servicemember terminate on at least 30 days' written notice with orders for a permanent change of station of 35 miles or more, temporary duty of more than 60 days 35 miles away, or a move into government quarters. Rent is prorated and no other termination damages apply.
Florida sources checked 2026-10-09: Fla. Stat. 83.49 (Florida Legislature) · Fla. Stat. 83.60 (FindLaw) · Fla. Stat. 83.682 (FindLaw) · Fla. Stat. 83.425 (FindLaw). Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Florida lease
- Security deposit vs the Florida limit, and the return terms
- Landlord entry notice against Florida requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
Florida lease FAQ
How much can a landlord charge for a security deposit in Florida?
As of October 2026, the security-deposit rule in Florida is: No statewide cap. Florida sets no statutory deposit cap but imposes strict rules on holding and returning deposits. Entry for repairs needs at least 24 hours’ notice, between 7:30am and 8pm (Fla. Stat. 83.53). Deposit caps change, so confirm the current figure, ClauseAudit checks it against Florida law when you run your lease.
How much notice must a landlord give before entering in Florida?
In Florida, a landlord generally must give 24 hours (repairs) before entering for non-emergency reasons. Emergencies are an exception. Check that your lease’s entry clause matches or improves on that.
Can a Florida lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a Florida lease; it does not override your rights.
How much can a landlord charge as a security deposit in Florida?
Florida caps it: No statewide cap. Florida sets no statutory deposit cap but imposes strict rules on holding and returning deposits. Entry for repairs needs at least 24 hours’ notice, between 7:30am and 8pm (Fla. Stat. 83.53). 21 jurisdictions use the same limit. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to Florida treat deposits the same way?
No, and the gap can be large: Alabama (1 month), Georgia (2 months (leases from July 2024)). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than Florida's.
Is there anything specific to Florida tenants should know?
Florida sets no statutory deposit cap but imposes strict rules on holding and returning deposits. Entry for repairs needs at least 24 hours’ notice, between 7:30am and 8pm (Fla. Stat. 83.53). Both the deposit ceiling and the entry-notice period come from statute here, so a lease that contradicts either is worth questioning.
Does my Florida landlord have to send the deposit claim by certified mail?
Yes, unless email notice applies. Fla. Stat. 83.49(3) requires the 30-day notice of intent to impose a claim to go by certified mail to your last known mailing address, or by email under 83.505. Give your landlord a forwarding address in writing so the notice reaches you and your 15-day objection window does not slip by.
Can a Florida city add its own tenant protections to my lease?
Largely no. Fla. Stat. 83.425 preempts local regulation of residential tenancies, covering tenant screening, security deposits, application fees, lease terms, landlord fees, disclosures and notice requirements. On those topics, state law rather than a city or county ordinance sets the rules for your lease.
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Deposit rules in neighbouring states
Deposit limits are set state by state, and 2 of the 2 states bordering Florida use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
Florida landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against Florida law when you run your lease, and you should confirm anything critical with a qualified Florida attorney.