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Florida Lease Law Changes for 2026: New Notice Rules and Security Deposit Alternatives

Florida Lease Law Changes for 2026: New Notice Rules and Security Deposit Alternatives

Florida landlord-tenant laws are constantly evolving, and even a minor misstep can quickly deplete your finances. Picture a tenant moving out early, unpaid rent stacking up, and you racing to serve proper notice while juggling calls. 

This Jacksonville-ready guide provides Florida landlords and property owners with a practical playbook for residential real property, including email notices, month-to-month tenancy rules, security deposits and alternatives, access and repairs, and the eviction process. This ensures your lease agreements, rent payments, and procedures remain compliant and profitable.

Key Takeaways

  • Email notices allowed (opt-in) July 1, 2025; keep proof; re-serve if bounced.
  • Month-to-month requires 30 days’ written notice by either party.
  • Security deposits: disclose within 30 days; 15/30/15 claim/return timelines.
  • Fee in lieu of traditional deposit or installment deposit permitted with disclosures.
  • No Jacksonville rent control caps; follow landlord responsibilities and tenant rights.

Email Notices Under Florida Statutes

Starting July 1, 2025, both the landlord and tenant may agree, via a written rental agreement or addendum, to send and receive legally required written notices by email. 

A landlord’s notice sent to the designated address is considered delivered when it is sent, unless it is returned as undeliverable. Keep the message and proof of transmission, list the landlord’s mailing address for mailed notices, and provide a method for updating addresses. 

Electronic service supplements, not replaces, traditional delivery; if an email bounces, re-serve without further notice by a permitted method.

Use email for items such as a landlord’s claim to deposit money and other communications under the Tenant Act. This option helps Florida residential landlord operations streamline rental payment workflows while preserving tenant rights.

Month-to-Month Termination Rules

For a month-to-month tenancy, Florida law requires at least 30 days’ written notice to terminate the rental agreement by either party. Time the notice to end with the rental period and future rent payment periods; for example, notice on the 1st typically ends on the last day of that month. 

Parties may contract for more extended notice periods in a written rental agreement or lease terms, provided that these periods are consistent with applicable state laws. 

Some outdated forms referenced “one half the time” remaining; that language is not required by Florida statutes and should be avoided to prevent confusion.

Security Deposits and Alternatives

Florida landlords must disclose the location where security deposit funds or advance rent are held, whether interest is being paid, and their own address for communication purposes. 

You may hold funds in a separate account, an interest-bearing account, or post a surety bond; if you pay interest, state how it’s calculated. Many owners reference an annualized average interest rate. 

Provide the disclosure in the rental agreement or within 30 days after receiving funds, and inform tenants within 30 days if you change the manner or location where the funds are held.

When the tenant returns possession of the dwelling unit, either return the full deposit within 15 days if no claim, or send a written notice declaring your intent to impose a claim within 30 days, with reasons and amounts. 

The tenant has 15 days to object. Miss the 30-day deadline and you forfeit the right to claim against the deposit, though you can still sue for unpaid rent, damages, and court costs. 

Florida also permits a non-refundable fee instead of a traditional security deposit, or installment payments toward a deposit, if you follow disclosure and fairness rules. If damages exceed the fee or deposit, process the balance under the standard claim timeline. 

Always inform tenants clearly and keep copies of every tenant's written notice and the landlord’s notice.

Rent, Repairs, and Access

A solid lease agreement should specify monthly rent, due dates, late fees, and accepted payment methods, including periodic payments and online options, to stabilize rental income. 

If a tenant fails to pay, serve the statutory notice to pay or vacate promptly. If the landlord fails to maintain the rental unit in compliance with applicable building, housing and health codes, Florida tenants may give proper notice and, if the issue is not cured, withhold rent in certain circumstances. 

Before a tenant withholds rent or a landlord assesses late fees, both parties should seek legal advice to understand their rights and risks.

For access and repairs, provide reasonable notice and schedule entry during reasonable hours unless there’s an emergency. Inform tenants promptly about conditions affecting health codes or safety, document work orders, and maintain written communications. 

These habits protect your rental business, strengthen landlord-tenant relationships, and reduce disputes in residential real property and apartment leases across rented premises and single-family home portfolios.

Eviction Process and Personal Property

If a tenant violates material lease terms, such as non-payment, severe damage, or repeated breaches, follow the Florida eviction process step by step. 

Never use self-help; wait for a court order before removing a tenant’s personal property or changing locks. After a lawful writ, handle personal property exactly as the statute requires. 

Throughout the case, carefully track unpaid rent and damages, send all notices to the tenant’s last known and designated addresses, and keep copies of every communication from both the landlord and the tenant. 

Clear documentation of tenant obligations and landlord responsibilities is crucial in the event of litigation.

Local Context: Jacksonville, Fair Housing, and Rent Control

Florida has statewide rent control preemption; therefore, there are no rent control laws limiting how you set rent in Jacksonville, subject to state laws and fair housing rules. 

Even without rent caps, comply with the Florida Fair Housing Act and the federal Fair Housing Act when evaluating a prospective tenant. 

Standardize screening criteria and adverse-action letters, train staff on tenant responsibilities, and reference plain-language resources from groups like Bay Area Legal Services to support Florida tenants and inform tenants effectively.

Practical Playbook for Florida Landlords

Keep every rental agreement up to date with current Florida landlord-tenant laws and statutes. Add the email-notice addendum for leases starting July 1, 2025. 

Script deposit disclosures, claim letters, and move-out checklists so staff can act without hesitation. Implement consistent late-fee policies, maintain accurate records of rental payments for each rental property, and calendar deadlines tied to each rental period. 

If you offer a fee in lieu of deposit, explain that it is not the tenant's personal property and outline how the landlord and tenant handle damages. 

For apartment leases and single-family home rentals, transparent processes help terminate rental agreements lawfully when a tenant fails to cure violations, improve tenant compliance with obligations, and reduce the need for additional notice.

FAQs

Do I have to switch to email notices immediately?
No, only after both parties consent in writing.

Can a tenant withhold rent for needed repairs?
Only after proper notice and if the landlord fails to fix code violations.

Is a fee-in-lieu deposit refundable?
Usually not; it replaces traditional deposit money.

What if a tenant violates lease terms?
Serve proper notice, document violations, and follow the legal eviction process.

Mastering Florida’s 2026 Lease Law Updates: Stay Compliant and Protect Your Rental Property

Florida landlords managing a rental property can utilize modern tools without compromising their legal standing. Use email notices correctly, honor month-to-month timelines, choose wisely between traditional security deposits and alternatives, and document everything. 

When in doubt, seek legal advice before taking action. Done right, landlord-tenant law becomes a shield that protects both tenant rights and landlord responsibilities, keeping your rental business steady through the next cycle.

If you need professional guidance on updating lease templates, screening potential tenants, or managing tenant communication, Nest Finders Property Management can assist. 

Our Jacksonville-based team keeps your rental business compliant and profitable, allowing you to focus on growth rather than paperwork. Call us today!

Additional Resources

How Much Can a Landlord Charge for Damages? Guide to Repair Costs and Legal Limits

Essential Tips for Maximizing Your Rental Cash Flow in Jacksonville

Navigating Tenant Rights During Property Renovations in Jacksonville

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