What It Covers and What It Does Not

Part II applies to residential tenancies. Part I of the same chapter governs nonresidential tenancies, and the two have meaningfully different rules, so a landlord with commercial space is reading a different statute.

The Act does not reach transient occupancy in hotels, motels, and similar establishments, which fall under Chapter 509 and carry a much faster removal process. It also does not govern condominium and homeowners association assessments, which live in Chapters 718 and 720.

Where the Act applies, it applies whether or not the lease says so, and whether or not there is a written lease at all.

The Rules You Cannot Write Around

Start here, because it explains why so much lease language is decorative.

Section 83.47 makes void and unenforceable any rental agreement provision that purports to waive or preclude the rights, remedies, or requirements set out in the Act, or that purports to limit either party's liability arising under law. Where such a clause is included and a party suffers actual damages because of it, that party can recover those damages.

The practical effect is that a landlord cannot contract out of the deposit deadlines, the notice requirements, the maintenance obligations, or the prohibited practices. Clauses attempting it are worse than useless, since they signal to a judge that the landlord tried.

Security Deposits

Section 83.49 is the section that costs careless landlords the most money, and the deadlines are absolute.

If the landlord makes no claim on the deposit, it must be returned within 15 days after the tenancy ends. If the landlord intends to claim any part of it, written notice of that intent has to go out by certified mail to the tenant's last known address within 30 days, and the notice must contain substantially the statutory language, including the amount, the reason, a citation to section 83.49(3), and a statement that the tenant has 15 days from receipt to object in writing.

Miss the 30 day window and the landlord forfeits the right to claim against the deposit at all, regardless of how legitimate the damage was. That is the rule that turns a $3,000 flooring replacement into an unrecoverable loss because a certified letter went out on day 34.

Since July 1, 2023, section 83.491 allows a landlord to offer a recurring fee in lieu of a security deposit, with conditions. The landlord cannot use an applicant's choice to pay the fee as a factor in approving or denying the application, must offer the option to all new tenants on the same premises unless it is prospectively terminated for everyone, and must notify the tenant within 30 days after the tenancy ends of any amounts due. A prescribed disclosure in capital letters must appear in the agreement, stating that the fee is not a security deposit and does not absolve the tenant of any obligations. The broader tradeoffs of deposit alternatives are covered in our post on products like Rhino.

Who Maintains What

Section 83.51 sets the landlord's floor. Comply with applicable building, housing, and health codes, or where none apply, keep roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and other structural components in good repair with plumbing in reasonable working order. Screens must be installed at the start of the tenancy and repaired once a year as needed.

For units other than single family homes and duplexes, the landlord additionally must provide extermination for rats, mice, roaches, ants, wood destroying organisms, and bedbugs, plus working locks and keys, clean and safe common areas, garbage removal, and functioning heat, running water, and hot water.

In single family homes and duplexes, a written lease can shift some of those obligations to the tenant, and working smoke detectors must be installed at the start of the tenancy. Section 83.52 sets the tenant's own obligations to keep the unit clean and sanitary and not to destroy or damage the premises.

Access and Privacy

Section 83.53 requires at least 24 hours' notice before entry for repairs, and entry must occur between 7:30 a.m. and 8:00 p.m. Narrow exceptions exist for emergencies, for a tenant who has unreasonably withheld consent, and for units that appear abandoned.

Showing a unit to prospective renters without notice, letting a contractor in unannounced, or stopping by to check on a suspected violation all fall outside the rule, and repeated unauthorized entry can support a constructive eviction claim.

Ending the Tenancy

Two different sections cover two different situations, and mixing them up is the most common procedural error in Florida.

Section 83.56 covers termination for breach. Nonpayment of rent takes a three day notice demanding payment or possession, excluding Saturdays, Sundays, and legal holidays. Curable lease violations take a seven day notice to cure, and that count does not exclude weekends. Serious or repeat violations can support a seven day unconditional termination. Delivery is by mailing, hand delivery, or, if the tenant is absent, leaving a copy at the residence, and those delivery methods cannot be waived by lease. Section 83.56(5) also provides that accepting rent with knowledge of a noncompliance waives the right to terminate for it.

Section 83.57 covers ending a tenancy with no specific duration: 60 days for year to year, 30 days for quarter to quarter, 30 days for month to month, and seven days for week to week, each before the end of the applicable period.

A three day notice may demand rent only. Late fees, utility chargebacks, and damage charges do not belong in it.

Rent Withholding and the Court Registry

Section 83.60 gives tenants a real defense and gives landlords a powerful filter.

A tenant may raise the landlord's material noncompliance with maintenance obligations as a complete defense to an eviction for nonpayment, provided the tenant gave written notice specifying the deficiency and seven days elapsed. If the defense succeeds, the court determines how much the rent should be reduced to reflect the diminished value of the unit.

But a tenant raising any defense other than payment must deposit the accrued rent alleged in the complaint into the court registry, plus rent as it comes due, generally within five business days of the summons. Failing to do so waives all defenses except payment and results in a default judgment for possession. That provision resolves a large share of contested Florida evictions without a hearing.

Eviction and the Writ

Section 83.59 requires a complaint in county court and limits recovery of possession to the court process, voluntary surrender, statutory abandonment, or the narrow deceased sole tenant circumstance. A landlord's agent may file the initial complaint but may take no further action unless that agent is an attorney.

Cases proceed under the summary procedure in section 51.011, giving the tenant five days to respond. If the landlord prevails, section 83.62 has the sheriff post 24 hours' notice before removing the tenant, with weekends and holidays not pausing that clock. After execution, the landlord may move remaining belongings to the property line without liability for their loss. Our step by step walkthrough is in Florida eviction laws in 2026.

The Prohibited Practices

Section 83.67 is the section that ends careers. No terminating or interrupting utilities. No changing locks or blocking access. No removing outside doors, locks, roof, walls, or windows except for genuine maintenance. No removing a tenant's personal property absent surrender, abandonment, or lawful eviction. The section also bars discrimination against servicemembers and prohibits banning a single portable United States flag up to 4.5 by 6 feet.

Violation makes the landlord liable for actual and consequential damages or three months' rent, whichever is greater, plus costs and attorney fees, with separate awards for subsequent violations. The full picture is in our guide to what a landlord cannot do in Florida.

Servicemembers Get Their Own Rules

Section 83.682 lets a servicemember terminate early after permanent change of station orders requiring a move of 35 miles or more, premature or involuntary discharge, release from active duty while stationed 35 miles or more from home of record, orders to move into government quarters, temporary duty orders 35 miles or more away for more than 60 days, or a change of orders before taking possession.

The servicemember gives written notice effective at least 30 days after the landlord receives it, with a copy of the orders or written verification from a commanding officer. The landlord may collect prorated rent through the termination date and nothing else, and where termination occurs 14 or more days before occupancy begins, no damages or penalties of any kind. These provisions cannot be waived by lease.

After the Tenancy, the Balance

The Act governs the tenancy. It does not collect what is owed afterward. Unpaid rent, damage beyond normal wear, and recoverable costs remain owing on their own timeline, and Florida allows five years to sue on a written lease, a timeline covered in our post on the statute of limitations for rental debt in Florida.

What determines recovery is the same documentation the Act requires anyway: a reconciled ledger, dated inspections, and a deposit disposition mailed inside 30 days. Advanced Collection Bureau works Florida rental placements from Rockledge and serves clients nationwide on contingency, reachable at 321-633-4999 or through its residential services page. This is a plain English summary rather than legal advice, and the statutory text controls.