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 — died in committee in 2026 and did not become law.

That's six concrete changes already in effect and one bill that died. 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 submit a verified complaint to the sheriff, outside the normal court eviction process. Under FS 82.036(4), "Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property or the authorized agent of the owner and appears otherwise entitled to relief under this section. If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property." It is not a tenant-eviction shortcut: the remedy excludes anyone who is a current or former tenant under a rental agreement you authorized (82.036(2)(f)).

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. Part II of chapter 83, Florida's residential landlord-tenant law, sets no separate notice period for raising rent on a month-to-month tenant, so the safe practice is the same 30 days' written notice before the end of a monthly period — the notice 83.57(3) requires to end the tenancy.

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?

Mostly no. Florida has preempted local rent control and local regulation of residential tenancies. SB 102 (2023) prohibits local rent control, so no Florida city or county can cap rents. HB 1417 (2023) created FS 83.425: "The regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under this part are preempted to the state. This section supersedes any local government regulations on matters covered under this part, including, but not limited to, the screening process used by a landlord in approving tenancies; security deposits; rental agreement applications and fees associated with such applications; terms and conditions of rental agreements; the rights and responsibilities of the landlord and tenant; disclosures concerning the premises, the dwelling unit, the rental agreement, or the rights and responsibilities of the landlord and tenant; fees charged by the landlord; or notice requirements." In practice, local rules on deposits, fees, disclosures and notices no longer bind you.

HB 1417 is what took out most of Hillsborough County's Tenant Bill of Rights — its notice, disclosure and fee duties no longer bind landlords. Its source-of-income protection is a different story: whether a local rule on it survives preemption is unsettled. Federal fair-housing law applies either way, so check with the county before you either rely on that provision or ignore it. Local building, housing and health codes still apply too — the landlord-tenant act itself requires you to "comply with the requirements of applicable building, housing, and health codes." So if you once adjusted your Tampa policies for TBOR, most of that is back to statewide rules, but not all of it. One rulebook simplifies compliance, and it cuts both ways: you can't lean on a preempted ordinance to fill a gap.

What happened to SB 716 in 2026?

SB 716 (and its House companion) would have extended the non-payment notice from 3 days to 5 days and voided lease provisions imposing fees during that window — but it died in committee on March 13, 2026 and did not become law. The 3-day non-payment notice under FS 83.56 still applies.

Had it passed, a lease charging a late fee on day 4 or 5 would have run into it. It didn't, so the 3-day timeline stands. Our SB 716 five-day notice guide covers what the bill would have done.

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 for the current 3-day non-payment timeline — SB 716, which would have changed it, died in 2026.

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, died in committee in 2026 and did not become law.

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. Chapter 83 sets no separate rent-increase notice, so the safe practice is the same 30 days' written notice before a monthly period ends. 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 was a proposed Florida bill that would have extended the non-payment notice from 3 days to 5 days. It died in committee on March 13, 2026 and did not become law — the 3-day notice under FS 83.56 still applies.

Can Florida cities or counties pass their own rental rules?

Mostly no. Florida preempts local rent control (SB 102, 2023), and HB 1417 (2023, FS 83.425) preempts local regulation of residential tenancies, including deposits, fees, disclosures, and notices. That took out the notice, disclosure and fee duties in Hillsborough County’s Tenant Bill of Rights; whether its source-of-income provision survives is unsettled, and federal fair-housing law applies either way. Local building, housing, and health codes still apply.