Florida Residential Lease Agreement (2026): Required Clauses, Deposit Rules, Late Fees and Disclosures
Florida is landlord-friendly on money — no deposit cap, no late-fee percentage, no rent control — and strict on procedure: how the deposit is held and disclosed, the radon and flood notices, the entry window, and since 2023 the notice periods for ending a tenancy. Chapter 83 of the Florida Statutes governs, and the courts read its disclosure rules literally.
1. The numbers the statute fixes
| Term | Florida rule | Statute |
|---|---|---|
| Security deposit cap | No statutory cap | No statutory limit (Fla. Stat. § 83.49) |
| Deposit return deadline | 15 days after move-out | Fla. Stat. § 83.49(3) |
| Interest on deposit | Not required | Fla. Stat. § 83.49(1) (landlord may choose non-interest-bearing account, interest-bearing account, or surety bond) |
| Late fee | No statutory rule (lease governs; must be reasonable) | Fla. Stat. § 83.45 |
| Notice before landlord entry | 24 hours (7:30 a.m. and 8:00 p.m.) | Fla. Stat. § 83.53(2) |
| Ending a month-to-month tenancy | Landlord 30 days · tenant 30 days | Fla. Stat. § 83.57 |
| Rent increase limit | No statutory limit | No statutory limit; local rent control preempted (Fla. Stat. § 166.043) |
Electronic delivery of notices allowed only with written consent addendum (§ 83.505).
2. Disclosures the lease must contain
Each of these is a separate statutory requirement. "When applicable" means the duty depends on the property (year built, number of units, known conditions) — the lease generator asks the question and includes the clause when the answer triggers it.
| Disclosure | Applies | Statute |
|---|---|---|
| Lead-Based Paint Disclosure (pre-1978 housing) | When applicable | 42 U.S.C. § 4852d; 24 C.F.R. Part 35 Subpart A |
| Radon Gas Notice | Every lease | Fla. Stat. § 404.056(5) |
| Security Deposit Handling Notice | When applicable | Fla. Stat. § 83.49(2)(d) |
| Landlord Name and Address | Every lease | Fla. Stat. § 83.50 |
| Flood Disclosure (leases of one year or more) | When applicable | Fla. Stat. § 83.512 |
| Fire Protection Disclosure (buildings over three stories) | When applicable | Fla. Stat. § 83.50 |
3. What trips landlords up in Florida
- Not telling the tenant how the deposit is held. § 83.49(2)(d) requires the lease (or a separate written notice within 30 days) to state whether the deposit is in a separate interest-bearing or non-interest-bearing Florida account or covered by a surety bond, the name and address of the depository, and the statutory text about the tenant's rights. Landlords of fewer than five units are exempt from the account rule but still owe the disclosure.
- Missing the 30-day claim. After move-out, § 83.49(3) gives the landlord 15 days to return the deposit or 30 days to send, by certified mail, an itemized claim on it. Miss the window and the right to keep any of it is forfeited.
- Leaving out the radon paragraph. § 404.056(5) requires the exact statutory radon gas statement in every lease — the wording is fixed and cannot be summarized.
- Forgetting the flood disclosure. For leases of one year or more, § 83.512 (2024) requires a written flood-history disclosure: whether the landlord knows of flooding or an insurance claim in the last five years, and whether the property has flood insurance.
- Entering outside the window. § 83.53(2) allows entry for repairs on reasonable notice — 24 hours is presumed reasonable — only between 7:30 a.m. and 8:00 p.m.
- Sending notices by email. § 83.505 allows electronic delivery of notices only with a separate written addendum in which the tenant consents and provides an address.
4. Ending and changing the tenancy
Either party ends a month-to-month tenancy on 30 days' notice before the end of the monthly period (§ 83.57, as amended by HB 1417 in 2023); Florida also preempts local rent control (§ 166.043). For a tenant who stops paying, the 3-day notice rules are in our Florida eviction notice page.
Generate the lease
Our Florida residential lease applies every rule on this page: the deposit field will not accept more than the cap, the late-fee clause is written to the statute, and each disclosure above is inserted with its required wording when it applies. A watermarked preview is free; the clean PDF and Word file are $19.
Related: security deposit limits in all 50 states · late fee caps by state · eviction notice periods by state · Florida eviction notice.
Questions
Is there a limit on late fees in Florida?
No statutory percentage. The fee must be stated in the lease and be reasonable (§ 83.45); courts have accepted fees in the range of 5–10% of rent and struck fees that looked like penalties.
Does Florida require a written lease?
Leases of more than one year must be in writing and signed before two witnesses (§ 689.01). Shorter leases can be oral, but the deposit disclosure, radon statement and flood disclosure only work in writing.
What is the fire-protection disclosure?
For buildings over three stories, § 83.50 requires the landlord to disclose the availability of fire protection — sprinklers, alarms — in the lease or in writing at move-in.
How current is this guide?
Reviewed September 2026. The caps, deadlines, disclosures and citations come from the dataset our Florida lease generator enforces; the commentary is ours. Statutes change — verify the cited section before relying on it.
General information about Florida statutes, not legal advice; FormsByState is not a law firm. Landlord-tenant law changes often and cities add their own rules — verify the cited sections for your situation.