Key Takeaways
- The Florida Residential Landlord and Tenant Act (Chapter 83, Part II) governs residential rentals
- Security deposits must be held in a Florida banking institution with specific disclosure requirements
- Landlords must return security deposits within 15 days (no claim) or 30 days (with claim) after move-out
- Tenants have the right to withhold rent for material breaches after proper 7-day notice
- Florida landlords cannot lock out tenants—only the sheriff can execute a writ of possession
Florida Residential Landlord-Tenant Act
The Florida Residential Landlord and Tenant Act (Chapter 83, Part II, Florida Statutes) governs most residential rental relationships.
Important: This section covers Florida-specific content only. For national real estate concepts, see our Real Estate Salesperson exam prep.
Application
The Act applies to:
| Covered | Not Covered |
|---|---|
| Residential rentals | Hotels/motels (transient) |
| Apartments | Owner-occupied (3 or fewer units) |
| Houses | Public housing (separate rules) |
| Condos/townhomes | Commercial property |
Security Deposits
How Landlord Must Hold Deposit
The landlord must either:
| Option | Requirements |
|---|---|
| Non-interest-bearing | Florida bank, no commingling |
| Interest-bearing | Florida bank, pay 75% of interest or 5% simple |
| Surety bond | Posted with clerk of court |
Required Disclosure
Landlord must notify tenant within 30 days of receiving deposit:
- Name and address of bank
- Whether interest-bearing or not
- Rate of interest (if applicable)
Returning the Deposit
| Situation | Deadline |
|---|---|
| No claim against deposit | 15 days to return |
| Claim against deposit | 30 days to send notice |
| Tenant's objection | 15 days to dispute landlord's claim |
Claim Notice Requirements
If landlord claims any portion of deposit:
- Must send by certified mail
- Include itemized list of deductions
- State tenant has 15 days to object
- Include required statutory language
Landlord's Duties
Maintenance Requirements
Landlord must:
| Duty | Description |
|---|---|
| Comply with codes | Building, housing, health codes |
| Maintain structure | Roof, windows, doors, floors |
| Plumbing | Keep in reasonable working order |
| Hot water | Provide reasonable heat and hot water |
| Common areas | Maintain clean and safe |
| Locks | Provide functioning locks |
| Garbage | Provide appropriate receptacles |
| Extermination | Control pests (multi-family) |
Tenant's Remedies for Landlord Breach
If landlord fails to maintain:
| Step | Action |
|---|---|
| 1 | Give 7-day written notice |
| 2 | Specify the noncompliance |
| 3 | If not cured, tenant may withhold rent or terminate |
Tenant's Duties
Tenants must:
| Duty | Description |
|---|---|
| Pay rent | When due under lease |
| Comply with codes | Health, sanitary, building codes |
| Keep clean | Maintain unit in clean condition |
| Operate properly | Use fixtures and appliances properly |
| No damage | Not destroy or damage property |
| Not disturb | Peaceful enjoyment of neighbors |
| Comply with rules | Reasonable landlord rules |
Prohibited Landlord Actions
Self-Help Eviction Prohibited
Landlords CANNOT:
| Prohibited Action | Penalty |
|---|---|
| Lock out tenant | Actual damages + attorney's fees |
| Remove tenant's property | Liable for damages |
| Shut off utilities | Illegal |
Key Point: Only a sheriff can execute a writ of possession after court judgment.
Within how many days must a Florida landlord return a security deposit if making no claim?
What must a Florida landlord do if they want to claim a portion of the security deposit?