Florida Landlord Laws for Rental Investors: Deposits, Notices, and Problem Occupants

If you buy rentals in Lakeland or anywhere in Polk County, Florida's Residential Landlord and Tenant Act (Part II of Chapter 83, Florida Statutes) sets many of the rules you will operate under. This is a practical overview for investors, current as of October 2026. It is not legal advice, and landlord-tenant mistakes can be expensive, so have a Florida attorney review your lease and notices.

One set of rules statewide

In 2023, Florida passed HB 1417, which created s. 83.425 and preempted the regulation of residential tenancies to the state. Local ordinances covering matters in Part II of Chapter 83 became void. In practice, that means the core landlord-tenant rules are the same in Lakeland, Winter Haven, and the rest of the state.

Security deposits (s. 83.49)

Where you hold it. A landlord must do one of the following:

1. Hold the deposit in a separate non-interest-bearing account in a Florida financial institution for the benefit of the tenant.
2. Hold it in a separate interest-bearing Florida account and pay the tenant at least 75% of the annualized average interest rate or 5% simple interest per year.
3. Post a surety bond with the clerk of the circuit court.

Mixing deposits with your operating money is a common and avoidable mistake.

Notify the tenant. Within 30 days of receiving a security deposit or advance rent, the landlord must give the tenant written notice of how and where it is held, including the required statutory language.

At move-out:

• If you are not making a claim, return the deposit within 15 days after the tenant vacates.
• If you are making a claim, send written notice of your intent to impose a claim within 30 days, by certified mail to the tenant's last known address. Since July 1, 2025, you may use email instead if the landlord and tenant have signed a separate email-notice addendum (s. 83.505).
• The tenant then has 15 days after receiving the notice to object.

Missing the 30-day notice deadline can cost you the right to impose a claim on the deposit.

Fee in lieu of a security deposit (s. 83.491). Since July 1, 2023, landlords may offer tenants the option to pay a monthly fee instead of a security deposit. It is optional for the landlord, requires a written agreement, the tenant may switch to a regular deposit at any time, and the statute requires specific disclosures, including that the fee is not insurance.

Flood disclosure for leases

Since October 1, 2025, Florida law (s. 83.512, Fla. Stat.) requires landlords to give tenants a flood disclosure, as a separate document, at or before signing a residential lease of one year or longer. It covers flood insurance claims, flooding that damaged the property during the landlord's ownership, and assistance received for flood damage. If a landlord fails to disclose and the tenant suffers substantial loss from flooding, the tenant may terminate the lease by written notice within 30 days of the damage. Check the FEMA flood map and your flood history before you sign leases.

Notices and ending a tenancy

• Nonpayment of rent: the notice period is 3 days, excluding Saturdays, Sundays, and legal holidays. The statute defines legal holidays for this purpose as court-observed holidays only.
• Other lease violations: 7-day notices, either to cure (fixable problems) or to vacate (serious violations listed in the statute). Effective October 1, 2026, a 2026 amendment added fraudulent entry of a residential dwelling unit (as described in s. 817.537(2)) to the violations that do not allow a chance to cure.
• Month-to-month tenancies: since July 1, 2023, either party must give at least 30 days' written notice before the end of a monthly period (it was 15 days before that change).

Only a court can order a tenant removed. Self-help evictions (changing locks, shutting off utilities, removing belongings) are prohibited in Florida.

Unauthorized occupants ("squatters")

Since July 1, 2024, s. 82.036, Fla. Stat., gives property owners a faster path when someone is living in a residential property without permission. The owner or authorized agent can submit a verified complaint to the county sheriff, and the sheriff can serve a notice to vacate immediately if all of the statute's conditions are met, including:

• The person is not a current or former tenant under a written or oral rental agreement authorized by the owner.
• The person is not an immediate family member of the owner.
• The property was not open to the public when they entered.
• The owner has directed them to leave.
• There is no pending lawsuit between the owner and the occupants.

If the occupant is a tenant or former tenant, the normal eviction process applies instead.

Buying a property with tenants in place

When you buy an occupied rental, ask for:

• Copies of all leases and any amendments.
• A rent roll showing rent, due dates, and arrears.
• The security deposits and advance rent held for each tenant, and confirmation they will be transferred to you at closing.
• Tenant estoppel letters confirming lease terms, rent, and deposits.
• Copies of any notices already served.

Then send your own required deposit notice to each tenant once you hold the deposits.

Build this into your numbers

Good leases, proper deposit handling, and correct notices protect your cash flow. If you are building a rental portfolio through BRRRR, see our BRRRR guide for Lakeland and Polk County and our Florida insurance guide for investors.

For general education only. Not legal, tax, insurance, or financial advice. Laws, rates, and program rules change; verify current requirements with the official source or a qualified professional before relying on them. Information current as of October 2026.

Frequently asked questions

How long does a Florida landlord have to return a security deposit?

If there is no claim, 15 days after the tenant vacates. If the landlord intends to impose a claim, written notice must be sent within 30 days by certified mail, or by email if both parties signed the email-notice addendum, and the tenant has 15 days to object.

Where do I have to keep a tenant's security deposit in Florida?

In a separate non-interest-bearing Florida account, a separate interest-bearing Florida account with interest paid to the tenant as the statute requires, or by posting a surety bond with the clerk of the circuit court. Notify the tenant in writing within 30 days.

How many days is a Florida eviction notice for unpaid rent?

Three days, excluding Saturdays, Sundays, and court-observed legal holidays, under section 83.56(3), Florida Statutes.

How much notice is needed to end a month-to-month lease in Florida?

At least 30 days' notice before the end of a monthly period, under section 83.57, Florida Statutes, as amended in 2023.

Can the sheriff remove squatters in Florida?

Since July 1, 2024, section 82.036, Florida Statutes, allows an owner to file a verified complaint with the sheriff to remove unauthorized occupants of a residential dwelling when all of the statute's conditions are met. It does not apply to current or former tenants under a written or oral rental agreement authorized by the owner.

Can a city in Polk County add its own landlord-tenant rules?

Florida preempted the regulation of residential tenancies to the state in 2023 (section 83.425), and local regulations on those matters became void. Other local rules, such as building and code requirements, still apply.