{"id":372581,"date":"2016-03-31T21:34:54","date_gmt":"2016-04-01T02:34:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-leases-and-rental-agreements-laws.html"},"modified":"2018-07-13T17:57:31","modified_gmt":"2018-07-13T22:57:31","slug":"florida-leases-and-rental-agreements-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-leases-and-rental-agreements-laws.html","title":{"rendered":"Florida Leases and Rental Agreements Laws"},"content":{"rendered":"\n
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Florida Leases and Rental Agreements Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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Lease and rental agreements are governed by state laws, which define limits on security deposits, time limits for the return of deposits, and other provisions. State laws also limit discrimination by landlords. Florida leases and rental agreement laws place no limits on the amount of security deposits, but prohibit all the same types of discrimination laid out in the federal Fair Housing Act. If you have questions about the limits to leases and rental agreements in Florida, the following article provides the basics.<\/p>\r\n

The main provisions of Florida leases and rental agreement laws are listed in the table below, while more in-depth coverage follows. See FindLaw's Landlord Tenant Law<\/a> section for additional articles and resources.<\/p>\r\n\r\n
Code Section<\/td>\r\n83.04<\/a>, 49<\/a>; 760.23<\/a><\/td>\r\n<\/tr>
Terms of Leases<\/td>\r\nMere payment of rent is not construed as a renewal for the term; but if tenant holding over does so with written consent of landlord then it becomes a tenancy at will; otherwise tenancy at sufferance<\/td>\r\n<\/tr>
Deposits<\/td>\r\nNo limits on deposits; landlord may elect to (1) put deposit in non-interest bearing account; (2) hold in interest bearing account at either 75% of average rate or 5%; or (3) post a surety bond and pay tenant interest at 5%; landlord must tell tenant in 30 days which he's doing; must return deposit within 15 days<\/td>\r\n<\/tr>
Discrimination<\/td>\r\nNo discrimination on basis of race, color, national origin, sex, handicap, or religion; same as Fair Housing Act<\/td>\r\n<\/tr>
Uniform Residential Landlord & Tenant Act Adopted?<\/td>\r\nYes<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Florida Deposits and Leases<\/h2>\r\n

Florida law governs whether many lease terms or deposits are enforceable. In Florida, only paying rent is not enough to renew an entire lease term. As well, there is no limit to the amount a landlord can require as a deposit, and landlords are prohibited from requiring higher deposits from people protected by the federal Fair Housing Act, or the Florida Fair Housing Act.<\/p>\r\n

Federal Prohibitions on Discrimination<\/h2>\r\n

The Fair Housing Act, initially passed in 1968, prohibits discrimination based on race, color, national origin, religion, sex, familial status, or handicap<\/a>. This means that landlords may not do anything on the following list, based on the previously mentioned factors:<\/p>\r\n