Your rights under Florida law
Florida rental law changes since 2023, in one place
Since 2023, Florida has let landlords offer a monthly fee instead of a security deposit, taken landlord-tenant rules away from cities and counties, and raised month-to-month notice to 30 days. Since 2025 it has also allowed legal notices by email under a signed addendum and required a flood disclosure before leases of a year or longer. None of these laws capped rents, deposits or late fees.
Updated Last checked 4 min read
Quick answer
- 2023: the fee in lieu of a security deposit (section 83.491).
- 2023: statewide preemption ended local tenant ordinances, and month-to-month notice became 30 days.
- 2025: notices by email, if both sides sign an addendum (section 83.505).
- October 1, 2025: flood disclosure before leases of a year or longer (section 83.512).
- 2026: a bill for a 5-day pay-or-quit window died in committee.
On this page
2023: the deposit alternative fee
HB 133 created section 83.491, effective July 1, 2023. A landlord can offer, at its sole discretion, a fee in place of a security deposit, usually a monthly charge due with the rent. If the landlord offers it, it has to offer it to every new tenant at that property and can't hold your choice against your application.
- You can switch to a regular deposit at any time by paying it.
- The fee isn't a deposit. You still owe for damage beyond normal wear and tear and for unpaid rent.
- The landlord has to tell you in writing within 30 days after you move out if it claims you owe anything.
- It can't file a claim with an insurer until at least 15 days after that notice.
- If the landlord buys insurance with the fee, you aren't insured by it and aren't its beneficiary.
On a 12-month lease, a $75 monthly fee adds up to $900 you never get back, and you still owe for any damage. A refundable deposit costs you the use of the money, and you get back whatever isn't properly claimed. A 2024 law, HB 1305, adjusted this section and the deposit rules in section 83.49 around a new definition of a Florida financial institution.
2023: local tenant rules preempted, 30-day notice
HB 1417 created section 83.425, effective July 1, 2023. It says the regulation of residential tenancies and the landlord-tenant relationship is preempted to the state, and it supersedes local rules on screening, deposits, application fees, lease terms, disclosures, landlord fees and notice requirements. Miami-Dade, Broward and other counties had passed tenant bills of rights with their own notice rules on rent increases, fees and changes of ownership. On the subjects the statute lists, those rules no longer apply.
The same bill changed section 83.57: ending a month-to-month now takes at least 30 days' notice before the end of a period, and a fixed-term lease can require 30 to 60 days' notice that you won't renew. Details in ending a month-to-month lease.
2025: notices by email
HB 615 created section 83.505, effective July 1, 2025. Landlords and tenants can send any notice required by the landlord and tenant act by email, including a 3-day notice and a deposit claim, but only after both sign an addendum in the form the statute sets, with each side's email address. Either side can revoke it or change the address with written notice. An emailed notice counts as delivered when sent, unless it bounces, and the sender has to keep a copy and proof of sending.
October 2025: the flood disclosure
SB 948 created section 83.512, effective October 1, 2025. Before you sign a lease of a year or longer, the landlord has to give you a separate flood disclosure. It says whether the landlord knows of flooding that damaged the home during their ownership, whether they filed a flood insurance claim, and whether they received federal flood assistance such as from FEMA. It also reminds you that renters insurance doesn't cover flood damage.
If a landlord doesn't give a truthful disclosure and you lose 50% or more of the value of your belongings to flooding, you can end the lease by written notice within 30 days of the flood, and get back rent paid in advance for the time after you leave. More in flood zones for renters.
2026: nothing new for renters
Bills to stretch the 3-day notice to 5 days (HB 811 and SB 716) died in committee in March 2026, so the 3-day notice stands.
Questions people ask
Can a Florida landlord make me pay a monthly fee instead of a deposit?
No. Under section 83.491 the fee is an option the landlord may offer, and you choose. You can switch to paying a regular deposit at any time.
Does Miami-Dade still have a Tenant Bill of Rights?
Miami-Dade passed one, but the 2023 preemption law in section 83.425 took landlord-tenant regulation away from local governments. On screening, deposits, fees, lease terms, disclosures and notices, chapter 83 is now the rule everywhere in Florida.
Can my landlord send notices by email now?
Only if you both signed the email delivery addendum in section 83.505. Without it, notices go by mail, by hand, or are left at the home.
Does every Florida landlord have to give a flood disclosure?
For leases of a year or longer signed since October 1, 2025, yes, as a separate document at or before signing.
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Words in this guide
Sources
- Florida Statutes, section 83.491: Fee in lieu of security depositleg.state.fl.us
- Florida Statutes, section 83.425: Preemptionleg.state.fl.us
- Florida Statutes, section 83.57: Termination of tenancy without specific termleg.state.fl.us
- Florida Statutes, section 83.505: Electronic delivery of noticesleg.state.fl.us
- Florida Statutes, section 83.512: Disclosure of flood risks to prospective tenant of residential real propertyleg.state.fl.us
- Florida Senate: CS/HB 133 (2023), Fees in Lieu of Security Deposits, chapter 2023-181flsenate.gov
- Florida Senate: CS/HB 1417 (2023), Residential Tenancies, chapter 2023-314flsenate.gov
- Florida Senate: CS/HB 1305 (2024), Residential Tenancies, chapter 2024-199flsenate.gov
- Florida Senate: HB 615 (2025), Electronic Delivery of Notices Between Landlords and Tenants, chapter 2025-16flsenate.gov
- Florida Senate: CS/CS/SB 948 (2025), Flood Disclosures, chapter 2025-166flsenate.gov
- Florida Senate: SB 716 (2026), Rental Agreements for Residential Tenancies (died in committee)flsenate.gov
- CBS News Miami: Gov. DeSantis signs landlord-tenant bill that overrides local regulations (June 29, 2023)cbsnews.com
Checked against these sources on by Rentvana Editorial. If something has changed, email hello@rentvana.com and we'll fix it.
Questions?
Call 888-601-8344 to talk to a licensed agent, or email hello@rentvana.com and one gets back to you within 1 hour, 8am to 9pm. Renters never pay Rentvana.