Florida Rental Law Changes 2025-2026: What Landlords Need to Know

Florida's rental laws have shifted more in the last two years than in the decade before. If you're juggling leases, notices, and maintenance calls across Orlando or Tampa, you've probably noticed the paperwork—and the rules—keep changing. Squatter removal, email notices, flood disclosure, security deposit alternatives, longer month-to-month notice, and statewide preemption of local ordinances—it's a lot to track.

Here's what you need to know right now.

Quick answer: Since July 2023, Florida has added squatter removal, electronic notices, flood disclosure, security deposit alternatives, and longer month-to-month notice. State preemption means you follow one statewide rulebook, not a patchwork of local ordinances. A few bills are still pending for 2026: a longer non-payment notice period and optional rent reporting to credit bureaus with tenant consent. We'll walk through each change and what it means for your leases.

What's the Squatter Removal Law (HB 621)?

HB 621 took effect July 1, 2024. It gives you a fast path when someone's living in your property without a valid lease or your permission.

How it works: You file a verified complaint with the sheriff. Once the sheriff confirms your right to possess the property, they serve notice and can remove the occupant in 24–48 hours. You pay the sheriff's civil eviction fee plus an hourly rate if a deputy stays on site during the removal. This is separate from the usual eviction process—you're not going through the courts for an unlawful detainer. The sheriff handles it directly when the occupant has no legitimate claim.

The law also created three new crimes: unlawfully detaining a dwelling and causing $1,000+ in damage (second-degree felony); using false documents to claim a lease or deed (first-degree misdemeanor); and fraudulently listing, selling, or leasing property you don't own (first-degree felony). The bill passed with overwhelming bipartisan support—39–0 in the Senate, 108–0 in the House—so the sheriff's office in your county should be familiar with the process.

For more detail on the process and what you need to prove, see our squatter removal law guide.

HB 621 took effect July 1, 2024. It gives you a fast path when someone's living in your property without a valid lease or your permission.

How it works: You file a verified complaint with the sheriff. Once the sheriff confirms your right to possess the property, they serve notice and can remove the occupant in 24–48 hours. You pay the sheriff's civil eviction fee plus an hourly rate if a deputy stays on site during the removal. This is separate from the usual eviction process—you're not going through the courts for an unlawful detainer. The sheriff handles it directly when the occupant has no legitimate claim.

The law also created three new crimes: unlawfully detaining a dwelling and causing $1,000+ in damage (second-degree felony); using false documents to claim a lease or deed (first-degree misdemeanor); and fraudulently listing, selling, or leasing property you don't own (first-degree felony). The bill passed with overwhelming bipartisan support—39–0 in the Senate, 108–0 in the House—so the sheriff's office in your county should be familiar with the process.

For more detail on the process and what you need to prove, see our squatter removal law guide.

Can I Send Notices by Email?

Yes—as of July 1, 2025, under HB 615. But you need a written addendum first. You can't just start emailing pay-or-quit notices and hope they count.

Both you and the tenant must agree in writing to receive statutory notices by email. The addendum must follow the statutory form and include valid email addresses for both parties. Either side can revoke the agreement at any time; that doesn't invalidate notices already sent.

What counts as delivered: The notice is deemed delivered when the email is sent, unless it bounces back. You must keep copies of sent emails and proof of transmission.

Pay-or-quit notices, lease violations, non-renewal notices, entry notices, and rent increases can all go by email once the addendum is signed. One caveat: spam filters and unreliable internet can cause delivery issues. If an email bounces or you're not sure it was received, fall back to certified mail or hand delivery. Make sure your lease agreement includes the proper addendum if you want to use this option.

Yes—as of July 1, 2025, under HB 615. But you need a written addendum first. You can't just start emailing pay-or-quit notices and hope they count.

Both you and the tenant must agree in writing to receive statutory notices by email. The addendum must follow the statutory form and include valid email addresses for both parties. Either side can revoke the agreement at any time; that doesn't invalidate notices already sent.

What counts as delivered: The notice is deemed delivered when the email is sent, unless it bounces back. You must keep copies of sent emails and proof of transmission.

Pay-or-quit notices, lease violations, non-renewal notices, entry notices, and rent increases can all go by email once the addendum is signed. One caveat: spam filters and unreliable internet can cause delivery issues. If an email bounces or you're not sure it was received, fall back to certified mail or hand delivery. Make sure your lease agreement includes the proper addendum if you want to use this option.

What's the Flood Disclosure Requirement?

SB 948 took effect October 1, 2025. It applies to leases of one year or longer—short-term and month-to-month leases are exempt.

What you must disclose: Whether you know of past flooding that damaged the unit; whether you've filed an insurance claim for flood damage; and whether you've received assistance for flood damage. You also have to tell tenants that renters' insurance typically doesn't cover flood damage and that they should consider separate flood insurance.

If you don't disclose truthfully: A tenant who suffers substantial loss or damage from flooding (50% or more of their personal property's market value) can terminate the lease with written notice and surrender possession within 30 days. You must refund rent and advance payments for periods after the termination date. The disclosure protects tenants in flood-prone areas—and it protects you from claims that you hid known flood risk. If you're not sure about your property's history, pull your insurance and claims records before signing a new lease.

SB 948 took effect October 1, 2025. It applies to leases of one year or longer—short-term and month-to-month leases are exempt.

What you must disclose: Whether you know of past flooding that damaged the unit; whether you've filed an insurance claim for flood damage; and whether you've received assistance for flood damage. You also have to tell tenants that renters' insurance typically doesn't cover flood damage and that they should consider separate flood insurance.

If you don't disclose truthfully: A tenant who suffers substantial loss or damage from flooding (50% or more of their personal property's market value) can terminate the lease with written notice and surrender possession within 30 days. You must refund rent and advance payments for periods after the termination date. The disclosure protects tenants in flood-prone areas—and it protects you from claims that you hid known flood risk. If you're not sure about your property's history, pull your insurance and claims records before signing a new lease.

What About Security Deposits and Alternatives?

Florida Statute 83.491 allows you to offer a nonrefundable fee in lieu of a security deposit for agreements entered into or renewed on or after July 1, 2023. Tenants who can't afford a lump-sum deposit can often pay a smaller monthly fee instead—which can help you attract qualified renters who'd otherwise be priced out.

You must provide written disclosures explaining the fee's terms and that it doesn't change the tenant's obligations. The fee doesn't limit tenant liability—they're still responsible for unpaid rent, fees, and damages beyond normal wear and tear. It's not insurance; if you use the fee to buy a policy, the tenant isn't the beneficiary.

You must offer the option to all new tenants on the same premises (unless you prospectively terminate the option) and can't penalize tenants who choose it. At move-out, you still have 30 days to notify the tenant if costs are due for unpaid rent or damage beyond normal wear and tear, and you must wait at least 15 days before submitting claims to an insurer if you use one. For full details on timing, refunds, and claims, see our security deposit guide.

Florida Statute 83.491 allows you to offer a nonrefundable fee in lieu of a security deposit for agreements entered into or renewed on or after July 1, 2023. Tenants who can't afford a lump-sum deposit can often pay a smaller monthly fee instead—which can help you attract qualified renters who'd otherwise be priced out.

You must provide written disclosures explaining the fee's terms and that it doesn't change the tenant's obligations. The fee doesn't limit tenant liability—they're still responsible for unpaid rent, fees, and damages beyond normal wear and tear. It's not insurance; if you use the fee to buy a policy, the tenant isn't the beneficiary.

You must offer the option to all new tenants on the same premises (unless you prospectively terminate the option) and can't penalize tenants who choose it. At move-out, you still have 30 days to notify the tenant if costs are due for unpaid rent or damage beyond normal wear and tear, and you must wait at least 15 days before submitting claims to an insurer if you use one. For full details on timing, refunds, and claims, see our security deposit guide.

How Much Notice for Month-to-Month?

Florida Statute 83.57 was updated in July 2023. Month-to-month tenants now get 30 days notice instead of 15.

That applies whether you're terminating the tenancy or raising rent. If you're increasing rent, you must give the tenant at least 30 days before the increase takes effect. The old 15-day rule caught a lot of landlords off guard when tenants had to scramble for a new place—30 days gives both sides more breathing room and reduces last-minute disputes.

Florida Statute 83.57 was updated in July 2023. Month-to-month tenants now get 30 days notice instead of 15.

That applies whether you're terminating the tenancy or raising rent. If you're increasing rent, you must give the tenant at least 30 days before the increase takes effect. The old 15-day rule caught a lot of landlords off guard when tenants had to scramble for a new place—30 days gives both sides more breathing room and reduces last-minute disputes.

What's the Late Fee Cap?

Florida doesn't have a hard cap on residential late fees. But Florida Statute 83.808 establishes a safe harbor for storage and facility rentals: $20 or 20% of monthly rent, whichever is greater. On a $1,500/month rent, that's $300—enough to cover your costs without inviting a challenge. Many landlords use that same benchmark for residential leases because courts are less likely to question it as unreasonable.

Your late fee must be clearly stated in the lease or an addendum to be enforceable. If you charge above the $20 or 20% benchmark, a court could find it unreasonable or punitive—so stick to that range unless you have a strong justification and documentation.

Florida doesn't have a hard cap on residential late fees. But Florida Statute 83.808 establishes a safe harbor for storage and facility rentals: $20 or 20% of monthly rent, whichever is greater. On a $1,500/month rent, that's $300—enough to cover your costs without inviting a challenge. Many landlords use that same benchmark for residential leases because courts are less likely to question it as unreasonable.

Your late fee must be clearly stated in the lease or an addendum to be enforceable. If you charge above the $20 or 20% benchmark, a court could find it unreasonable or punitive—so stick to that range unless you have a strong justification and documentation.

Can Cities or Counties Pass Their Own Rental Rules?

No. Florida has preempted local rent control and many tenant protections. State law wins when there's a conflict.

SB 102 (2023): Rent control is prohibited at the local level. Cities and counties can't cap rents. If you're in a hot market like Orlando or Tampa, you set rent based on your lease and market conditions—not local caps.

HB 1417 (July 2023): Local governments can't enact ordinances that conflict with state law on security deposits, rental agreements, fees, and notice requirements. That preempted Hillsborough County's Tenant Bill of Rights rules on source-of-income discrimination—those local provisions no longer apply. If you're in Tampa and had to adjust your policies when TBOR passed, you're now back to statewide rules only. One rulebook across Florida simplifies compliance, but it also means you can't rely on local ordinances to fill gaps—you follow what the state says.

No. Florida has preempted local rent control and many tenant protections. State law wins when there's a conflict.

SB 102 (2023): Rent control is prohibited at the local level. Cities and counties can't cap rents. If you're in a hot market like Orlando or Tampa, you set rent based on your lease and market conditions—not local caps.

HB 1417 (July 2023): Local governments can't enact ordinances that conflict with state law on security deposits, rental agreements, fees, and notice requirements. That preempted Hillsborough County's Tenant Bill of Rights rules on source-of-income discrimination—those local provisions no longer apply. If you're in Tampa and had to adjust your policies when TBOR passed, you're now back to statewide rules only. One rulebook across Florida simplifies compliance, but it also means you can't rely on local ordinances to fill gaps—you follow what the state says.

What's Pending for 2026?

The 2026 session could bring more changes. Here's what's on the table:

SB 716 / HB 811: These identical bills would extend the non-payment notice from 3 days to 5 days (excluding weekends and legal holidays). They would also bar landlords from imposing fees or surcharges during the 5-day payment period and void lease provisions that charge fees during the grace period or for subsequent periods due to missed or late rent. Both would take effect July 1, 2026, if passed. If you currently charge a late fee on day 4 or 5, you'd need to adjust—those fees would be unenforceable under the new law. See our SB 716 five-day non-payment notice for more.

HB 1355: Would allow rent reporting to credit bureaus with tenant consent. Tenants could opt in to have on-time rent payments reported to build credit. It's a tenant benefit that helps with retention—good tenants who pay on time get a credit boost, and you're not obligated to participate unless you choose to.

HB 241 (AC repair): Withdrawn before the 2026 session. No new AC repair obligations in the current pipeline. Your existing landlord responsibilities for habitability and repairs haven't changed.

The 2026 session could bring more changes. Here's what's on the table:

SB 716 / HB 811: These identical bills would extend the non-payment notice from 3 days to 5 days (excluding weekends and legal holidays). They would also bar landlords from imposing fees or surcharges during the 5-day payment period and void lease provisions that charge fees during the grace period or for subsequent periods due to missed or late rent. Both would take effect July 1, 2026, if passed. If you currently charge a late fee on day 4 or 5, you'd need to adjust—those fees would be unenforceable under the new law. See our SB 716 five-day non-payment notice for more.

HB 1355: Would allow rent reporting to credit bureaus with tenant consent. Tenants could opt in to have on-time rent payments reported to build credit. It's a tenant benefit that helps with retention—good tenants who pay on time get a credit boost, and you're not obligated to participate unless you choose to.

HB 241 (AC repair): Withdrawn before the 2026 session. No new AC repair obligations in the current pipeline. Your existing landlord responsibilities for habitability and repairs haven't changed.

What Should You Do Now?

Update your lease agreement to reflect the new rules. Add the electronic notice addendum if you want to use email. Include the flood disclosure for leases of one year or more. If you offer the security deposit alternative, make sure your disclosures are in writing and comply with FS 83.491.

Review your landlord responsibilities in Florida. If you're in the Orlando area, brush up on the eviction process—and keep an eye on SB 716/HB 811, since the 5-day notice would change how you handle non-payment. For screening and fair housing, see our tenant screening guide.

Three common mistakes: (1) Skipping the flood disclosure on year-long leases—it's required. (2) Charging late fees during the 3-day pay-or-quit period—some leases do this, but it can backfire if SB 716/HB 811 pass and void those provisions. (3) Assuming electronic notices work without a signed addendum—they don't. Get the addendum in place before you send your first email notice. A quick audit of your current leases against this list can save you headaches down the road.

Update your lease agreement to reflect the new rules. Add the electronic notice addendum if you want to use email. Include the flood disclosure for leases of one year or more. If you offer the security deposit alternative, make sure your disclosures are in writing and comply with FS 83.491.

Review your landlord responsibilities in Florida. If you're in the Orlando area, brush up on the eviction process—and keep an eye on SB 716/HB 811, since the 5-day notice would change how you handle non-payment. For screening and fair housing, see our tenant screening guide.

Three common mistakes: (1) Skipping the flood disclosure on year-long leases—it's required. (2) Charging late fees during the 3-day pay-or-quit period—some leases do this, but it can backfire if SB 716/HB 811 pass and void those provisions. (3) Assuming electronic notices work without a signed addendum—they don't. Get the addendum in place before you send your first email notice. A quick audit of your current leases against this list can save you headaches down the road.

Where to Stay Updated

• Florida Senate — bill text, amendments, and vote history
• Florida Realtors legislative updates — session summaries and advocacy priorities
• Florida Apartment Association — rental housing industry updates

Session runs January through May. Bills can move fast—check these sources a few times during session if you want to stay ahead of changes.

Staying compliant isn't just about avoiding fines. It's about protecting your property, your tenants, and your peace of mind. If you're managing properties in Orlando or Tampa and want to make sure your leases and policies are aligned with the latest law, get a free rental analysis. We'll review your setup and give you a clear picture of where you stand.

• Florida Senate — bill text, amendments, and vote history
• Florida Realtors legislative updates — session summaries and advocacy priorities
• Florida Apartment Association — rental housing industry updates

Session runs January through May. Bills can move fast—check these sources a few times during session if you want to stay ahead of changes.

Staying compliant isn't just about avoiding fines. It's about protecting your property, your tenants, and your peace of mind. If you're managing properties in Orlando or Tampa and want to make sure your leases and policies are aligned with the latest law, get a free rental analysis. We'll review your setup and give you a clear picture of where you stand.