What Florida Residential Landlords and Tenants Need to Know About Tenant Occupancy

In Florida, the relationship between residential landlords and tenants is governed by Chapter 83, Part II of the Florida Statutes. Whether you’re renting out a single-family home or moving into an apartment, both parties have legal responsibilities — and misunderstandings can lead to costly mistakes.

Here’s a clear breakdown of what landlords and tenants need to know about occupancy, responsibilities, notices, evictions, and security deposits.

Move-In: Document Everything

When a tenant moves in, both the landlord and the tenant should take photos, videos, and written notes of the property’s condition. Why? Because when the tenant moves out, the expectation is that the property will be returned in the same condition (minus normal wear and tear).

In other words: If it looked rough when you moved in, you're not expected to make it pretty. But if it was spotless, don’t leave it trashed.

Who Handles What? Maintenance Responsibilities

Landlord Responsibilities (per most leases and statute):

• Roof

• Foundation

• Structural integrity

• Plumbing

• Electrical systems

• Heating (if provided)

• Pest control (unless otherwise stated)

Tenant Responsibilities:

• Keeping the unit clean and sanitary

• Properly disposing of garbage

• Minor maintenance (e.g., changing AC filters or light bulbs)

• Not damaging the property

• Notifying landlord of issues promptly

Pro Tip: If it’s habitability or structure-related, it’s likely on the landlord. If it’s daily upkeep, it’s likely on the tenant.

Missed Rent Payment? 3-Day Notice Required

If a tenant misses a rent payment, the landlord must serve a 3-day notice to pay or vacate before filing an eviction.

What’s not allowed?

• Locking the tenant out

• Cutting utilities

• Removing the front door

These actions constitute illegal eviction, and the tenants may sue for damages.

Filing an Eviction: The Tenant Must Respond (AND Pay)

If the 3-day notice expires and an eviction is filed:

• The tenant has 5 business days to file a written answer and

• Deposit the full amount claimed into the court registry

Important: Tenants must do both to avoid a default judgment.Answering without depositing funds = default. Depositing without answering = default.

Lease Violations by Tenants: The 7-Day Notice

For lease violations other than non-payment (e.g., unauthorized occupants, property damage, failure to mow the lawn), the landlord must serve a 7-Day Notice to Cure. This gives the tenant a chance to fix the issue.

If the issue is not curable (e.g., repeated violations), a 7-Day Notice of Termination may be issued instead.

Repairs Not Being Made by Landlord? Tenant’s 7-Day Notice

If the landlord isn’t making necessary repairs, the tenant must first serve a written 7-day notice giving the landlord a chance to fix the problem before withholding rent.

Never just stop paying rent. Florida law requires proper notice before taking action — or it could backfire legally.

Holdover & Non-Renewal

Holdover Tenants: If a tenant remains in the property after the lease ends without permission, they are considered a holdover tenant. The landlord may file for eviction, and in some cases, seek double rent as damages.

Non-Renewal Notices:

• For month-to-month tenants, either party must give at least 15 days’ written notice before the end of the monthly period.

• For fixed-term leases, the lease typically ends automatically unless renewed.

Move-Out: Security Deposit Return & Timelines

To avoid losing the security deposit, the tenant should return the property in substantially the same condition it was in at move-in, allowing for normal wear and tear.

Security Deposit Timeline (Fla. Stat. § 83.49):

• Landlord must return the deposit within 15 days if there are no claims.

• If the landlord intends to make a claim, they must send written notice of the claim within 30 days of move-out.

• Tenant then has 15 days to object in writing.

If the landlord doesn’t follow these deadlines, they forfeit the right to the deposit.

Final Takeaway: Communication + Documentation = Protection

Whether you're a landlord or tenant in Florida, knowing your rights under Chapter 83 is essential. Most disputes could be avoided with clear communication, proper notice, and documentation.

If things get messy, don’t guess — seek legal help.

#TheMustangLawyer