Can my landlord enter my apartment without notice in Florida?

No. Unless it is an emergency, Florida Statute 83.53 requires a landlord to give at least 24 hours' notice before entering for repairs. The entry must be at a reasonable time (generally 7:30 AM to 8:00 PM).

What is a 3-Day Notice in Florida?

It is a legal warning that you are behind on rent. It gives you 3 business days to pay or vacate. After 3 days, the landlord can pay a filing fee and start a formal eviction case in court.

How long does a landlord have to fix a broken AC in Florida?

While AC isn't explicitly required by Florida state law for habitability (unlike heat), if your lease says the unit comes with AC, the landlord must maintain it. You can send a 7-day notice to cure to demand the repair.

Can a landlord change my locks for non-payment in Florida?

Absolutely not. This is an 'illegal lockout' or 'self-help' eviction. Only a Sheriff can physically remove you after a court order. If a landlord locks you out, you can sue them for three times the rent or actual damages.

Is there rent control in Florida?

No. Florida law currently prohibits local governments from enacting rent control measures. A landlord can raise the rent to any amount at the end of a lease term, provided they give the notice required by your lease.

What happens to my security deposit if the landlord sells the building?

The new owner becomes responsible for the security deposit. The previous owner must transfer the funds and notify you in writing of the new owner's name and address.

Can I break my lease early in Florida?

Generally, no, unless there is an 'Early Termination' clause in your lease. If you leave early without such a clause, you may be liable for the rent until a new tenant is found, or for a liquidated damages fee if you agreed to one.

What should I do if my apartment has mold?

Florida does not have a specific 'mold law,' but it does require 'safe and sanitary' housing. Send a written 7-day notice to cure. If the mold makes the home unlivable, you may have grounds to break the lease or withhold rent.

Florida Tenant Rights: Everything You Need to Know

Section 1: The Foundations

In Florida, the relationship between a landlord and tenant is governed strictly by the written lease and the Florida Statutes. If a lease term conflicts with state law, state law usually wins. One of the most important aspects of Florida law is the strict procedural timeline for both parties.

The Florida Eviction Timeline

Unlike some states with long grace periods, Florida moves quickly. If you fail to pay rent, your landlord only needs to provide a 3-day notice before filing a lawsuit in court.

1. The 3-Day Notice: This notice must be in writing and give you 3 days (excluding weekends and legal holidays) to pay the rent or move out. If you pay within these 3 days, the landlord cannot evict you for that non-payment.
2. The 7-Day Notice to Cure: For lease violations other than non-payment (like unauthorized pets or noise), the landlord must give you 7 days to fix the problem before they can end the lease.
3. Retaliatory Eviction: Florida law (Statute 83.64) strictly prohibits a landlord from evicting you because you complained to a government agency about health/safety violations or because you joined a tenant union.

Security Deposits: Florida has one of the most specific security deposit laws in the country. A landlord has 15 to 30 days after you move out to return your deposit or send a certified letter claiming part of it. If they miss this deadline, they may forfeit their right to keep any of the money.

Why This Problem Requires Attention

Florida's legal system is designed to resolve landlord-tenant disputes rapidly. Tenants who do not know their rights often make the fatal mistake of "withholding rent" without following the proper 7-day notice procedure, which results in a nearly automatic eviction judgment. In Florida, being "right" about a repair issue doesn't matter if you handled the "rent" part incorrectly. Understanding these nuances is essential for staying housed.

Available Tools & Solutions

Florida Rent Increase Check

While Florida doesn't have statewide rent control, there are limits on how and when a landlord can change your rent during a lease term. Verify your latest notice.

Verify My Rent Notice

Security Deposit Recovery Tool

Did your landlord miss the 30-day deadline? Use this tool to generate a formal demand letter based on Florida Statute 83.49.

Start Deposit Recovery

How to Evaluate Your Situation

If you receive a summons and complaint (an eviction lawsuit), Florida law requires you to deposit the disputed rent into the Court Registry within 5 days of being served. If you fail to do this, you lose the case automatically—even if you have a great defense.

Critical Insight: Never stop paying rent because the sink is broken. In Florida, you must first give the landlord a written 7-day notice stating that you will withhold rent if the repair isn't made. Only after those 7 days pass without action can you legally withhold funds.

Critical Mistakes to Avoid

Mistake 1: Withholding Rent Verbally. Telling your landlord you won't pay until the AC is fixed isn't enough. It must be a formal, written notice delivered as specified in the statute.

Mistake 2: Missing the 5-Day Court Deadline. Florida's 5-day response time for eviction is one of the shortest in the U.S. Counting wrong (or ignoring it) is the #1 cause of lost homes.

Mistake 3: Assuming 'At-Will' applies to leases. If you have a lease for 12 months, the landlord cannot just fire you as a tenant 'at-will' unless you violate a specific term.

Professional Guidance & FAQs

Can my landlord enter my apartment without notice in Florida?: No. Unless it is an emergency, Florida Statute 83.53 requires a landlord to give at least 24 hours' notice before entering for repairs. The entry must be at a reasonable time (generally 7:30 AM to 8:00 PM).
What is a 3-Day Notice in Florida?: It is a legal warning that you are behind on rent. It gives you 3 business days to pay or vacate. After 3 days, the landlord can pay a filing fee and start a formal eviction case in court.
How long does a landlord have to fix a broken AC in Florida?: While AC isn't explicitly required by Florida state law for habitability (unlike heat), if your lease says the unit comes with AC, the landlord must maintain it. You can send a 7-day notice to cure to demand the repair.
Can a landlord change my locks for non-payment in Florida?: Absolutely not. This is an 'illegal lockout' or 'self-help' eviction. Only a Sheriff can physically remove you after a court order. If a landlord locks you out, you can sue them for three times the rent or actual damages.
Is there rent control in Florida?: No. Florida law currently prohibits local governments from enacting rent control measures. A landlord can raise the rent to any amount at the end of a lease term, provided they give the notice required by your lease.
What happens to my security deposit if the landlord sells the building?: The new owner becomes responsible for the security deposit. The previous owner must transfer the funds and notify you in writing of the new owner's name and address.
Can I break my lease early in Florida?: Generally, no, unless there is an 'Early Termination' clause in your lease. If you leave early without such a clause, you may be liable for the rent until a new tenant is found, or for a liquidated damages fee if you agreed to one.
What should I do if my apartment has mold?: Florida does not have a specific 'mold law,' but it does require 'safe and sanitary' housing. Send a written 7-day notice to cure. If the mold makes the home unlivable, you may have grounds to break the lease or withhold rent.

Target Audience & Intended Use

This guide covers residential leases in Florida. It does not apply to mobile home parks (governed by Chapter 723), commercial rentals, or transient rentals (hotels/motels), which have entirely different legal frameworks.