Understanding Florida Lease Law in 2026
Florida's residential landlord-tenant relationship is governed primarily by the Florida Residential Landlord and Tenant Act (Chapter 83, Part II). While Florida does not impose a statewide cap on security deposits, the state has strict rules about how deposits must be handled. Under Section 83.49, landlords must hold the deposit in a separate, non-commingled account at a Florida banking institution, or alternatively post a surety bond equal to the deposit amount.
Within 30 days of receiving the deposit, the landlord must provide written notice to the tenant identifying the bank, the account type, and the interest rate if applicable. Failure to provide this notice means the landlord forfeits any right to impose a claim on the deposit. This is one of the most commonly violated provisions in Florida leases, and our AI analyzer specifically checks for it.
Florida Deposit Return and Claim Process
When a Florida tenant vacates, the landlord has 15 days to return the full deposit if there is no claim against it. If the landlord intends to impose a claim on the deposit for damages or unpaid rent, they must send a written notice by certified mail within 30 days, describing the claim in detail. The tenant then has 15 days to object. Landlords who fail to follow this exact procedure cannot keep any portion of the deposit.
LeaseGuard's AI reviews your Florida lease against the full Landlord and Tenant Act, checking for proper deposit disclosures, compliant notice periods, prohibited waiver clauses, and habitability standards. The free scan identifies the most critical issues, and the full $4.99 report provides a complete clause-by-clause analysis with statute citations and a negotiation letter.
Florida Eviction Notice Requirements
Florida law specifies different notice requirements depending on the reason for eviction. For non-payment of rent, a 3-day written notice is required before the landlord can file in court. For other lease violations, the tenant must receive a 7-day notice to cure the violation. For termination of a month-to-month tenancy without cause, 15 days' written notice is required. Leases cannot override these statutory minimums, and any clause attempting to do so is void under Section 83.47.