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 on a rental in 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, statewide preemption. It's a lot to track when you didn't sign up to be a part-time compliance officer.

Here's what's actually changed, and what you do about each one.

What Florida rental laws changed in 2025 and 2026?

Since 2023, Florida added squatter removal (HB 621), electronic notices (HB 615), flood disclosure (SB 948), the security-deposit alternative fee (FS 83.491), and a longer 30-day month-to-month notice (FS 83.57). State preemption means you follow one statewide rulebook, not a patchwork of city ordinances. One bill — SB 716, a 5-day non-payment notice — is still pending for 2026.

That's six concrete changes already in effect and one to watch. We'll walk through each, what it means for your lease, and the deadline that matters.

What is Florida's squatter removal law (HB 621)?

HB 621 took effect July 1, 2024. It gives a property owner a fast path when someone is living in the property without a valid lease or the owner's permission — you file a verified complaint with the sheriff, and once the sheriff confirms your right to possession, they can remove the occupant in 24 to 48 hours, outside the normal court eviction process.

You pay the sheriff's civil eviction fee, plus an hourly rate if a deputy stays on site during the removal. The law also created three new crimes: unlawfully detaining a dwelling and causing $1,000 or more in damage (second-degree felony), using false documents to claim a lease or deed (first-degree misdemeanor), and fraudulently listing or leasing property you don't own (first-degree felony). It passed 39–0 in the Senate and 108–0 in the House, so your county sheriff's office knows the process. For the step-by-step, see our Florida squatter removal guide.

Can Florida landlords send notices by email?

Yes — since July 1, 2025, under HB 615, which created Florida Statute 83.505. But you need a signed written addendum first. You can't simply start emailing pay-or-quit notices and assume they count. Both you and the tenant must agree in writing, using the statutory addendum form, and the agreement is voluntary on both sides.

The addendum has to include valid email addresses for both parties. Either side can revoke it at any time, and revocation doesn't undo notices already sent. An electronic notice is deemed delivered when the email is sent — unless it bounces back — so keep copies and proof of transmission. If an email bounces or you can't confirm receipt, fall back to certified mail or hand delivery. Make sure your Florida lease agreement carries the proper addendum if you want this option.

What is Florida's flood disclosure requirement?

SB 948 took effect October 1, 2025. It requires landlords to give a written flood disclosure for any lease of one year or longer — short-term and month-to-month leases are exempt. You must disclose whether you know of past flooding that damaged the unit, whether you've filed a flood-damage insurance claim, and whether you've received flood-damage assistance.

You also have to tell the tenant that renters insurance typically doesn't cover flood damage and that they should consider a separate flood policy. The penalty for not disclosing truthfully has teeth: a tenant who suffers substantial loss from flooding — 50% or more of their personal property's value — can terminate the lease in writing and surrender possession within 30 days, and you must refund rent and advance payments for periods after termination. If you're unsure of a property's flood history, pull your insurance and claims records before you sign a new lease. Our Florida flood insurance guide covers the coverage side.

What is Florida's security deposit alternative fee?

Florida Statute 83.491 lets a landlord offer a nonrefundable monthly fee in lieu of a lump-sum security deposit, for agreements entered into or renewed on or after July 1, 2023. A tenant who can't front a full deposit can pay a smaller recurring fee instead — which can widen your applicant pool.

It's optional, but if you offer it you must offer it to all new applicants for a substantially similar unit, and you can't deny an applicant for choosing it. You must provide written disclosures of the fee's terms, and the fee amount can't increase during the lease term. The fee is nonrefundable and it does not cap tenant liability — the tenant still owes unpaid rent, fees, and damage beyond normal wear and tear. The tenant can switch to a traditional deposit at any time. For the full deposit rules, see our Florida security deposit guide.

How much notice is required for month-to-month in Florida?

Florida Statute 83.57 requires 30 days' written notice to terminate a month-to-month tenancy — up from the old 15-day rule, changed in 2023. The same 30-day minimum applies before a rent increase takes effect on a month-to-month tenant.

The old 15-day window left tenants scrambling and triggered a lot of disputes. Thirty days gives both sides room. If you still have a lease template or a habit running on 15 days, that's the single most common stale clause we see — fix it. Our month-to-month tenancy guide covers the notice rules in full.

Does Florida cap residential late fees?

No. Florida has no statutory cap on residential rental late fees and no statutory "safe harbor" amount. A late fee is enforceable only if it's clearly written into the lease or an addendum, and only if a court would view it as a reasonable estimate of the landlord's actual cost — not a penalty.

This is where a lot of online advice goes wrong, so be careful: Florida Statute 83.808 is sometimes cited as a late-fee "safe harbor," but 83.808 sits in the self-service storage chapter and governs storage-unit rentals — it does not apply to residential dwelling leases. There's no equivalent figure for homes. Courts evaluate a residential late fee as liquidated damages: a flat fee that's wildly out of proportion to the rent, or a fee that compounds daily without limit, can be struck down as an unenforceable penalty. The practical move is a modest, clearly disclosed late fee tied to a stated grace period. Our Florida late fee guide walks through what holds up.

Can Florida cities or counties pass their own rental rules?

No. Florida has preempted local rent control and many local tenant protections — state law controls when there's a conflict. SB 102 (2023) prohibits local rent control, so no Florida city or county can cap rents. HB 1417 (2023) blocks local ordinances that conflict with state law on security deposits, rental agreements, fees, and notice requirements.

HB 1417 is what preempted Hillsborough County's Tenant Bill of Rights provisions on source-of-income discrimination — those local rules no longer apply. If you're renting in Tampa and once adjusted your policies for TBOR, you're back to statewide rules only. One rulebook simplifies compliance, but it cuts both ways: you can't lean on a local ordinance to fill a gap. You follow what the state says.

What Florida rental bills are pending for 2026?

The headline pending bill is SB 716 (and its House companion). It would extend the non-payment notice from 3 days to 5 days, excluding weekends and legal holidays, and would void lease provisions that impose fees or surcharges during that 5-day payment window. If it passes the 2026 session, it takes effect July 1, 2026.

The practical impact: if your lease currently charges a late fee on day 4 or 5, that provision would become unenforceable. A separate proposal would let landlords report on-time rent payments to credit bureaus with tenant consent — a tenant benefit you could opt into, not a mandate. None of this is law yet. Track it through the 2026 session; our SB 716 five-day notice guide follows the bill.

What should Florida landlords do now?

Audit your current lease against the changes that are already law. Three mistakes show up the most:

• Skipping the flood disclosure on a one-year-or-longer lease. It's mandatory since October 1, 2025, and the penalty hands the tenant an exit.
• Running a 15-day month-to-month notice. The rule has been 30 days since 2023. An old template is the usual culprit.
• Emailing notices without a signed addendum. Without the HB 615 addendum, an emailed notice doesn't count.

Then review your broader Florida landlord responsibilities, and if you're in Orlando, refresh on the eviction process in case SB 716 changes the non-payment timeline.

Where to stay updated

Track bills and law directly: the Florida Senate site has bill text and vote history, Florida Realtors publishes session summaries, and the Florida Apartment Association covers rental-housing advocacy. Session runs January through May, and bills move fast — check a few times during session if you want to stay ahead.

Keeping a single rental compliant in a year of constant change is real work, and missing one disclosure can hand a tenant a way out of the lease. If you own one property in Orlando or Tampa and you'd rather not be the one tracking every bill, that's a load you can hand off. We manage single properties too — you don't need a portfolio. Get a free rental analysis and we'll check your lease and policies against current law.

Frequently asked questions

What Florida rental laws changed in 2025 and 2026?

Since 2023 Florida added squatter removal (HB 621), electronic notices (HB 615), flood disclosure for year-plus leases (SB 948), the security-deposit alternative fee (FS 83.491), and a 30-day month-to-month notice (FS 83.57). SB 716, a proposed 5-day non-payment notice, is still pending for the 2026 session.

Does Florida cap residential late fees in 2026?

No. Florida has no statutory cap on residential rental late fees and no statutory safe-harbor amount. A late fee is enforceable only if it is written into the lease and a court would view it as a reasonable estimate of actual cost, not a penalty. Statute 83.808 governs storage units, not residential leases.

When did Florida’s flood disclosure requirement take effect?

Florida’s flood disclosure requirement (SB 948) took effect October 1, 2025. It applies to any residential lease of one year or longer; short-term and month-to-month leases are exempt. The landlord must disclose known prior flooding, flood-damage insurance claims, and flood-damage assistance received.

Can Florida landlords send legal notices by email?

Yes, since July 1, 2025 under HB 615 (Florida Statute 83.505), but only with a signed written addendum using the statutory form. Both parties must voluntarily agree and provide valid email addresses. An emailed notice without the signed addendum does not count as proper delivery.

How much notice is required to end a month-to-month tenancy in Florida?

Florida Statute 83.57 requires 30 days’ written notice to terminate a month-to-month tenancy, and at least 30 days’ notice before a rent increase takes effect. The old 15-day rule was replaced in 2023, so any lease still using 15 days is out of date.

What is Florida SB 716 and is it law yet?

SB 716 is a pending Florida bill that would extend the non-payment notice from 3 days to 5 business days and void lease provisions charging fees during that 5-day window. It is not law yet — it is pending in the 2026 legislative session and would take effect July 1, 2026 if passed.

Can Florida cities or counties pass their own rental rules?

No. Florida preempts local rent control (SB 102, 2023) and local ordinances that conflict with state law on deposits, fees, and notices (HB 1417, 2023). This preempted Hillsborough County’s Tenant Bill of Rights source-of-income provisions. Statewide rules control over any local rental ordinance.