Florida landlord tenant law governs the legal relationship between property owners and the people who rent from them — and getting it wrong on either side can be costly. Landlords who skip required disclosures or fail to follow proper eviction procedures expose themselves to liability. Tenants who don’t know their rights can lose security deposits, face wrongful eviction, or live in substandard conditions without recourse. At Hughes Real Estate Law, we advise landlords and tenants throughout Fort Lauderdale and Broward County on their rights and obligations under Florida law.
The Foundation: Florida Statute Chapter 83
The core of Florida landlord tenant law is found in Florida Statute Chapter 83. Part I covers nonresidential tenancies. Part II governs residential landlord-tenant relationships. This statute sets out the rights and duties of both parties, the required notice periods for lease termination, the rules for security deposits, and the legal procedures for eviction.
Key provisions landlords and tenants in Fort Lauderdale need to understand include:
- Lease requirements — what must be disclosed and how it affects enforceability
- Security deposit rules — how deposits must be held, what deductions are allowed, and required timelines
- Habitability standards — what conditions a landlord must maintain under Florida law
- Notice requirements — how much advance notice is required to terminate or raise rent
- Eviction procedures — the exact steps required to remove a tenant legally
Security Deposit Rules Every Florida Landlord Must Follow
Security deposit disputes are one of the most common sources of landlord tenant disputes in Florida. The law is specific. Landlords must:
- Deposit funds in a Florida bank account — either in an interest-bearing or non-interest-bearing account
- Provide written notice to the tenant within 30 days of receiving the deposit
- Return the deposit within 15 days of lease termination if no deductions are claimed
- Send written notice of any deductions within 30 days — with an itemized list
Failure to follow these procedures can result in a landlord forfeiting the right to keep any portion of the deposit, plus liability for attorney fees. Many landlords lose security deposit disputes not because the deductions were unreasonable, but because they didn’t follow the statutory notice timeline. A Fort Lauderdale real estate attorney can review your deposit process and make sure it holds up to legal scrutiny.
The Florida Eviction Process Explained
Eviction — called an unlawful detainer or eviction action in Florida — must follow a specific legal process. Landlords cannot change locks, remove personal property, or shut off utilities to force a tenant out. Doing so is considered a self-help eviction and exposes the landlord to significant damages.
The proper Florida eviction process follows these steps:
- Serve the appropriate written notice — 3-day notice for nonpayment, 7-day notice for lease violations, or 15-day notice for month-to-month tenancies
- If the tenant does not comply or vacate, file an eviction complaint in the county court
- Serve the summons and complaint on the tenant
- Attend the hearing — typically scheduled within 5 business days of the tenant’s response
- Obtain a final judgment for possession if successful
- The clerk issues a Writ of Possession — the sheriff then enforces removal
Missing any step in this process can result in the case being dismissed and the landlord having to start over. The Broward County Clerk of Courts handles eviction filings locally. For Fort Lauderdale landlord tenant law questions about the eviction timeline, contact our office before you serve any notice.
Tenant Rights Under Florida Law
Florida tenants have important rights that cannot be waived by a lease agreement. Under Florida landlord tenant law, tenants are entitled to:
- A dwelling that meets minimum housing codes and is fit for habitation
- Advance notice before the landlord enters the property — generally 12 hours except in emergencies
- Protection against retaliatory actions for reporting code violations
- An itemized accounting of any security deposit deductions within the required timeframe
- Due process before eviction — no self-help removal
If a landlord fails to maintain habitable conditions after written notice from the tenant, Florida law gives tenants the right to withhold rent or terminate the lease in certain circumstances. The rules governing this remedy are strict — tenants must follow the proper notice and waiting period procedures or risk losing the right to this remedy entirely.
Commercial Landlord-Tenant Disputes in Fort Lauderdale
Commercial leases in Florida are governed under Part I of Chapter 83. These disputes tend to involve larger sums and more complex agreements than residential cases. Common issues include early termination disputes, CAM charge disagreements, build-out obligations, and holdover tenant situations. A Broward County real estate attorney who handles breach of real estate contract matters can also address commercial lease disputes effectively.
Frequently Asked Questions — Florida Landlord Tenant Law
| Question | Answer |
|---|---|
| How much notice must a landlord give to terminate a month-to-month lease in Florida? | Florida law requires 15 days’ written notice before the end of the rental period to terminate a month-to-month lease. |
| Can a landlord raise rent during a lease in Florida? | No. A landlord cannot raise rent during a fixed-term lease unless the lease specifically permits it. |
| What can a landlord deduct from a security deposit in Florida? | Unpaid rent, damages beyond normal wear and tear, and other lease violations — all documented in a written itemized notice. |
| Can a tenant withhold rent if repairs are not made? | Under specific circumstances and after proper written notice, yes — but tenants must follow strict procedures to preserve this right. |
| How long does eviction take in Florida? | An uncontested eviction for nonpayment typically takes 2–4 weeks from notice to writ of possession. Contested cases take longer. |
For landlord-tenant case filings in the Fort Lauderdale area, the Broward County Clerk of Courts civil division processes all eviction and tenancy actions.
Get the Right Legal Help for Your Landlord-Tenant Matter
Whether you are a property owner dealing with a difficult tenant or a renter whose rights have been violated, Florida landlord tenant law gives you tools — but only if you use them correctly. Hughes Real Estate Law represents landlords and tenants throughout Fort Lauderdale and Broward County in lease disputes, eviction matters, security deposit claims, and habitability issues. Call (954) 256-5125 or reach us through our contact page to schedule your consultation today.
About Hughes Real Estate Law
Hughes Real Estate Law is a Fort Lauderdale real estate law firm advising landlords and tenants throughout Broward County and South Florida. Attorney Joseph Hughes handles eviction actions, security deposit disputes, commercial lease matters, and all aspects of Florida landlord-tenant law. Located at 1141 SE 2nd Ave, Fort Lauderdale, FL 33316. Call (954) 256-5125.
