Florida Lease Agreement: FS Chapter 83 Rules, Deposit Notice, Radon Disclosure (2026)
Florida residential leases are governed by the Florida Residential Landlord and Tenant Act, Florida Statutes Chapter 83, Part II. The Act sits between Texas's minimal framework and California's heavily regulated one. Florida has no deposit cap and no rent control, but it imposes strict deposit-handling rules, a specific radon disclosure unique to Florida among the major states, and a notice-of-claim mechanic that catches many landlords by surprise.
Updated 18 May 2026
General legal information, not legal advice. Florida residential tenancies are governed by Chapter 83, Part II of the Florida Statutes. Mobile homes are covered by Part III, transient occupancies by Part I. Verify any rule on your specific situation with a Florida-licensed attorney or your local Bar's lawyer referral service.
The structure of Chapter 83, Part II
The Florida Residential Landlord and Tenant Act was enacted in 1973 and has been amended significantly several times, most recently by HB 1417 in 2023 (which extended the month-to-month notice period from 15 to 30 days) and HB 133 in 2024 (which clarified obligations around damage deductions and landlord notice). The Act runs from section 83.40 through section 83.682 and covers tenancies in residential dwelling units, including single-family homes, apartments, condominium units rented to non-owners, and most mobile-home spaces.
Florida law is not as permissive as Texas in every respect. The implied warranty of habitability is statutorily codified at FS 83.51, which obliges the landlord to comply with all applicable building, housing, and health codes, maintain the roof, windows, doors, floors, steps, porches, exterior walls, and foundation in good repair, and provide locks and keys. For dwellings other than single-family homes and duplexes, the landlord must also provide for extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs; provide locks and keys; provide clean common areas; ensure plumbing in working order; and provide functioning facilities for heat during winter, running water, and hot water.
Tenant remedies for a landlord's non-compliance with FS 83.51 are set out in FS 83.56(1). The tenant must serve a 7-day written notice specifying the non-compliance. If the landlord fails to cure within 7 days, the tenant may terminate the lease. Florida does not provide a statutory repair-and-deduct remedy as broad as California's. The tenant's options are essentially: terminate, sue for damages, or seek injunctive relief.
The deposit-handling rules that catch landlords out
FS 83.49 sets out the most procedurally complex piece of Florida landlord-tenant law. There is no statutory cap on the deposit amount, but the handling rules are unusually strict. Within 30 days of receiving the deposit, the landlord must notify the tenant in writing of the location of the deposit (banking institution and address) and whether the deposit is held in a separate non-interest-bearing account, a separate interest-bearing account, or covered by a surety bond. The notice must include specific statutory language. Mid-tenancy changes to the account require updated notice within 30 days of the change.
At move-out, the deposit-return timeline depends on whether the landlord claims any deductions. If the landlord makes no claim, FS 83.49(3)(a) requires return of the full deposit within 15 days. If the landlord intends to claim deductions, FS 83.49(3)(a) requires the landlord to send a written notice of intent to impose a claim, by certified mail to the tenant's last known mailing address, within 30 days after the tenant vacates. The notice must specifically list each deduction. The tenant has 15 days from receipt to object in writing. If the tenant objects, the landlord must either return the disputed portion or file suit to recover it within 30 days of the objection.
The certified-mail requirement is the rule landlords most often violate. A notice sent by regular mail or by email is technically defective, and Florida courts have repeatedly held that defective notice forfeits the landlord's claim entirely. A landlord who misses the 30-day deadline, or who fails to use certified mail, must return the entire deposit regardless of the underlying merit of the deductions. This is one of the costliest procedural traps in U.S. landlord-tenant law.
FS 83.49(3)(c) makes the deduction claim a contested matter the tenant can resist. If the tenant objects in writing and the landlord nevertheless retains the disputed deposit, the tenant may sue in small-claims court (county court for amounts up to 8,000 dollars in 2026 after recent jurisdictional increases) to recover the deposit. The prevailing party in such a suit may recover reasonable attorney fees under FS 83.49(3)(c) and FS 83.48. Many Florida tenants pursue these claims because the attorney-fee provision is significant.
Required disclosures: radon, fire, and the lead-paint federal rule
Federal lead-based paint disclosure (24 CFR Part 35) applies for any unit built before 1978. The standard EPA pamphlet, hazard disclosure, and signed form are required.
Florida's radon disclosure under FS 404.056(5) is unique among the major states and frequently missed by landlords using out-of-state templates. The disclosure must appear in every lease and must state, in substantially the following form: "Radon Gas: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department." Failure to include the radon disclosure does not void the lease but exposes the landlord to civil enforcement under the Florida Department of Health.
Fire-protection disclosure under FS 83.50 requires that for any building over three stories, the lease must inform the tenant of the availability of fire-safety and protection information. The landlord must also identify, in writing in the lease or in a notice attached to the lease, the name and address of the landlord or the landlord's authorised manager. If the landlord changes mid-tenancy, the new identification must be provided. Failure to identify the landlord gives the tenant a defence to certain enforcement actions and a right to terminate under FS 83.50(2).
The Florida statute also requires the landlord to provide a copy of the lease to the tenant. Although this sounds obvious, FS 83.48 does not explicitly require it; the requirement comes from the common-law principle that contracts must be provided to the party bound by them. Best practice is to provide both parties with a fully executed copy at signing, and to require the tenant to acknowledge receipt in writing within the lease itself.
Termination, eviction, and the seven-day notice machinery
Termination of a month-to-month tenancy under FS 83.57(3) requires at least 30 days written notice from either party. The 30-day rule replaced the prior 15-day rule under HB 1417 (effective 1 July 2023). For quarter-to-quarter tenancies, 30 days notice is required; for year-to-year tenancies, 60 days. The notice must specify a termination date and be delivered before the date.
Eviction for non-payment requires the landlord to serve a 3-day notice under FS 83.56(3). The notice gives the tenant three business days (excluding weekends and holidays) to pay rent in full or vacate. After the 3 days expire, the landlord files a complaint for possession in county court. Florida's eviction process is relatively fast; uncontested cases often resolve in 2 to 4 weeks. Eviction for lease violations other than non-payment requires a 7-day notice under FS 83.56(2), giving the tenant 7 days to cure the violation (or, for certain non-curable violations such as repeat offences, 7 days to vacate).
Retaliatory conduct is prohibited under FS 83.64. A landlord may not retaliate by raising rent, decreasing services, or threatening eviction because the tenant has complained to a government agency, organised a tenants' union, or exercised a statutory right. The statute creates a rebuttable presumption of retaliation for adverse landlord action within one year of protected tenant conduct.
Sample Florida-specific clauses
Security deposit clause with FS 83.49(2) notice
FS 404.056(5) radon disclosure
FS 83.50 landlord identification
How Florida sits among the major states
Florida sits closer to Texas than to California: no deposit cap, no rent control, no broad just-cause eviction protection. The procedural strictness around deposit-claim notice (certified mail within 30 days) is more demanding than Texas, and the radon disclosure is unique. For comparable permissive states, see the Texas page and the Georgia page. For the strictest contrast, see the California page and New York page. For all states side by side, see the state hub and the 50-state deposit comparison.
Frequently Asked Questions
Does Florida cap the security deposit amount?
No. Florida Statutes Chapter 83, Part II, places no statutory cap on the amount of security deposit a residential landlord may collect. The choice is left to the market. Most Florida landlords charge between one and two months of rent.
Does Florida have rent control?
No. Florida Statutes section 125.0103 prohibits Florida counties and municipalities from enacting rent control on private residential property except in narrowly defined housing emergencies, and the local ordinance must be approved by voter referendum. No Florida jurisdiction has rent control as of 2026.
How quickly must a Florida landlord return the security deposit?
Florida Statutes section 83.49(3) gives the landlord 15 days after the tenant vacates to return the entire deposit if no deductions are claimed, or 30 days to send a certified-mail notice of intent to impose a claim if deductions are claimed. The notice must list each deduction. The tenant has 15 days to object. Missing the deadline forfeits the landlord's right to keep any portion.
What is the Florida deposit-account disclosure requirement?
Florida Statutes section 83.49(2) requires landlords who hold security deposits to notify the tenant in writing, within 30 days of receipt, of the location of the deposit account (banking institution and address) and whether the deposit is in a separate non-interest account, a separate interest-bearing account, or covered by a surety bond. The disclosure must be in the lease or in a separate written notice.
What disclosures are required in a Florida residential lease?
Federal lead-based paint disclosure for pre-1978 units. State-required: deposit-account notice under FS 83.49(2), radon disclosure under FS 404.056(5), fire-protection disclosure for buildings over three stories under FS 83.50, and identification of the property owner and authorised manager under FS 83.50. Some counties (Miami-Dade in particular) impose additional local disclosure requirements.
How much notice ends a Florida month-to-month tenancy?
Florida Statutes section 83.57(3), as amended in 2023, requires 30 days written notice from either party (the prior 15-day rule was extended to 30 days by HB 1417 in 2023). For quarter-to-quarter tenancies the notice is 30 days, and for year-to-year tenancies it is 60 days under section 83.57(4).
Can a Florida landlord charge a non-refundable move-in fee?
Yes, if the fee is genuinely non-refundable and is separately identified in the lease as a fee rather than a deposit. Florida case law and FS 83.49 distinguish between deposits (refundable, subject to the 15-30 day return rules) and fees (non-refundable, subject only to the lease terms). Mislabelling a deposit as a fee to avoid the return rules will not protect the landlord; courts look at substance over form.
Sources
- Florida Statutes Chapter 83 Part II (Florida Residential Landlord and Tenant Act): leg.state.fl.us
- FS 83.49 (security deposits): leg.state.fl.us
- FS 404.056(5) (radon disclosure): leg.state.fl.us
- HB 1417 (2023) amending FS 83.57: flsenate.gov
- EPA lead-based paint disclosure: epa.gov/lead
- Florida Department of Agriculture and Consumer Services landlord-tenant resources: fdacs.gov
Need a different state or topic? See the state hub, the eviction-notice timelines, the disclosure checklist, or the interactive lease generator.