Key Takeaways
- Chapter 83, Part II of the Florida Statutes sets the landlord-tenant rules in Lakeland, because state law preempts local ordinances.
- Put required disclosures in writing at the required time, including the manager’s address, radon wording, and the separate flood disclosure required for rental agreements of one year or longer.
- Match each notice to its own clock, from three days for unpaid rent to 30 days to end a month-to-month tenancy.
- Never shut off utilities or change locks to remove a tenant, because only a court process can end a tenancy by force.
Florida landlord tenant law comes from the state, so an owner in Lakeland follows the same core rules as one in Pensacola. That sounds simple until a statute changes or a notice carries the wrong number of days.
Land South Properties and Management has managed Polk County rentals since 1978. Below we cover Florida rental laws, landlord and tenant rights, notice periods, and habitability. This is general information, not legal advice.
Florida Rental Laws That Apply in Lakeland
Residential rentals fall under Chapter 83, Part II of the Florida Statutes. Florida pre-empts local landlord-tenant regulation and rent control. Local building and housing codes still apply to the property itself.
Federal law also applies. The Fair Housing Act governs advertising, screening, and treatment of applicants. Lead-based paint disclosure applies to homes built before 1978.
Since July 1, 2025, Section 83.505 has allowed electronic delivery of notices when the landlord and tenant sign the required rental-agreement addendum and provide valid email addresses.
What Florida Landlords Should Put In Writing
Florida recognizes oral leases for terms under one year, but landlords shouldn’t rely on these. The landlord must disclose the name and address of any person authorized to receive notices and demands on the landlord’s behalf (Section 83.50).
A written lease should cover these items:
- The name and address of the landlord or the person authorized to receive notices and demands on the landlord’s behalf (Section 83.50).
- Where the security deposit is held and whether it earns interest (Section 83.49).
- The radon notice in the wording Section 404.056 requires.
- A separate flood disclosure for rental agreements of one year or longer.
- Lead-based paint disclosure on pre-1978 homes.
- Rent amount, due date, and any late charge terms.
- The required Section 83.505 addendum, if the parties elect electronic delivery of notices.
Florida also voids lease terms that waive a tenant’s statutory rights (Section 83.47). If you plan to accept a fee in place of a deposit, read Section 83.491 first, because it sets its own rules.
Landlord Rights in Florida
You may collect rent as the lease states and apply screening standards consistently to every applicant.
Enter the unit for repairs and inspections, and go to court when a tenant breaches the lease.
Entry and Inspections
Section 83.53 defines reasonable notice for repairs as at least 24 hours before entry, during reasonable hours. Emergencies are an exception, and a tenant may not unreasonably withhold consent.
Removal Goes Through Court
When a tenant has not willingly surrendered or vacated the property, a landlord must generally use the court eviction process to recover possession. After a judgment, the clerk issues a writ of possession and the sheriff carries it out.
Florida Tenant Rights
Here are some of the tenant rights that Florida renters have:
Habitability Standards
Under Section 83.51, you must follow applicable building, housing, and health codes.
Where no codes apply, you must keep the roof, windows, doors, floors, steps, porches, exterior walls, foundation, and plumbing in reasonable working condition.
For a single-family home or duplex, the lease may shift specific maintenance tasks to the tenant, if the lease says so in writing.
Privacy, Retaliation, and Self-Help
Section 83.67 bars cutting off utilities, changing locks, or removing doors to push a tenant out.
Section 83.64 bars retaliation, such as a rent increase or eviction filing due to a tenant’s good-faith complaint to a code agency. A rent increase is not inherently retaliatory, so record your rationale. Tenants have duties too.
Section 83.52 requires them to keep the unit clean, avoid damage, and respect neighbors.
Florida Notice Periods at a Glance
- Unpaid rent: a three-day notice to pay or leave, not counting weekends or legal holidays
- Curable lease violation: a seven-day notice to fix the problem
- Repeat or incurable violation: a seven-day notice to leave, with no cure period
- Month-to-month tenancy: 30 days before the end of a monthly period (Section 83.57)
- Year-to-year tenancy: 60 days
- Entry to the unit for repairs: 24 hours
A three-day notice must state the amount of rent due and comply with statutory form and delivery requirements.
How a Local Property Manager Helps You Stay Compliant
Statutes change, and outdated language can remain in a lease template for years. Our staff handles tenant screening, online rent payment, inspections, and structured move-outs with final inspections and deposit returns.
If you inherited a home or moved away from one, start with our guide on how to rent out your house in Lakeland. Our Lakeland property management page lists what we handle. Owners across Polk County work under the same state rules, including those on our Winter Haven property management page. We offer a free Lakeland rental analysis if you want a second look at your lease and pricing.
Bottom Line
Florida landlord-tenant law rewards good documentation. Complete leases, correctly timed notices, and dated inspection records help if a disagreement reaches court.
Lakeland owners need to know the state rules and apply them consistently. Land South Properties and Management brings decades of Polk County experience to that routine. Contact us for a free Lakeland rental analysis.
Frequently Asked Questions
How Long Do I Have To Return A Security Deposit In Florida?
If you aren’t claiming any of the deposit, Florida generally gives you 15 days to return it. If you plan to make a claim, you generally must provide written notice within 30 days, by certified mail or by email when electronic delivery has been properly elected under Section 83.505. The tenant then has 15 days after receiving the notice to object.
Can I Charge A Late Fee In Florida?
We’re not aware of a statutory cap on residential late fees in Florida, but the lease should state the amount and when it applies. A court can refuse to enforce a term it finds unconscionable, so keep the charge reasonable and apply it the same way to every tenant. Ask your attorney to review the clause.
Can I Raise Rent In The Middle Of A Lease?
During a fixed term, rent generally stays as stated in the lease unless the agreement allows a change. Florida does not impose statewide rent control, but landlords should follow the rental agreement and applicable notice requirements when changing rent for a periodic tenancy. Have an attorney confirm the timing and wording before sending a rent-increase notice.
Can A Tenant Withhold Rent For Repairs?
Only in limited cases. A tenant must first give written notice describing the failure to maintain the property under Section 83.51(1) and allow seven days to fix it. Depending on the circumstances and the severity of the noncompliance, the tenant may have remedies that include terminating the rental agreement or reducing or withholding rent. Rent withheld without following that process can still support a nonpayment notice, so document every repair request and your response.
What Happens If A Tenant Stops Paying Rent?
Start with a three-day notice stating the amount of rent due and otherwise complying with the statutory form and delivery requirements. If the tenant neither pays nor leaves, you may file an eviction case. A tenant who contests a nonpayment case generally has to deposit the rent claimed into the court registry.
If you win, the clerk issues a writ of possession and the sheriff enforces it. Keep your ledger and notices organized.
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us with any questions you have in regards to this content or any other aspect of your property management needs.