What Are the New Rules for Landlords in Florida in 2026?
Florida landlords in 2026 must follow a new set of statewide rules that replaced dozens of local ordinances: 30 days' written notice to end a month to month tenancy, mandatory flood disclosure on leases of one year or longer, expanded security deposit options, a faster process for removing unauthorized occupants, and a 30% cap on rent increase amounts within any 12 month period. These changes stem from a wave of legislation passed between 2023 and 2026 that reshaped Florida Statutes Chapter 83.
Key Takeaways
Florida landlords must now provide 30 days' written notice to terminate a month to month tenancy, up from 15 days under the prior statute, per Florida Statute § 83.57 as amended by House Bill 1417.
As of July 1, 2026, Florida Statute § 83.425 preempts local landlord tenant ordinances statewide, invalidating more than 40 city and county tenant protection rules.
Leases of one year or longer signed on or after October 1, 2026 require a written flood disclosure statement under Florida Statute § 83.512, created by Senate Bill 948.
Landlords can now offer a non-refundable monthly fee instead of a traditional security deposit, but cannot require both under Florida Statute § 83.491.
A new squatter removal process under House Bill 621 lets owners request sheriff intervention, with removal typically happening within 24 to 48 hours of a verified complaint.
Rent increases on the same unit are capped at 30% within any 12 month period under Senate Bill 64, though the cap has notable exceptions for new tenancies and rising landlord costs.
If you own residential property anywhere in Florida, 2026 is the year these rules stop being "recent changes" and start being the baseline everyone is expected to know. Several took effect in 2026, one landed on October 1, 2026, and enforcement patterns are still shaking out at the county level. Whether you self-manage a single duplex or oversee a short-term rental portfolio, the state legislature has fundamentally altered how notice, deposits, disclosures, and evictions work.
At In The Sun VR, we track these statutory shifts closely because they affect both our long-term rental clients and the short-term rental owners we manage across St. Augustine, FL. Regulatory compliance isn't optional paperwork. It's the difference between a clean tenancy and a costly legal dispute. This guide walks through exactly what changed, what stayed the same, and where the gaps in most landlord guides leave owners exposed, particularly around short-term rentals and how these statewide changes interact with local STR ordinances.
What Can Landlords Not Do in Florida?
Florida landlords cannot shut off utilities, change locks, remove doors or windows, or seize a tenant's belongings to force them out, a practice known as "self-help eviction," which remains illegal under Florida Statute § 83.67 regardless of the 2024-2026 legislative changes. Landlords also cannot retaliate against tenants for exercising legal rights, such as reporting code violations, and cannot discriminate based on protected classes under the Fair Housing Act.
Specifically, a landlord cannot terminate a month to month tenancy with less than the newly required 30 days' written notice, a jump from the old 15-day standard. Landlords also cannot raise rent more than once every 12 months on the same unit, and increases above 30% require a documented justification tied to actual expenses like repairs, insurance, or property tax increases under Senate Bill 64.
Additionally, as of October 1, 2026, a landlord cannot execute a lease of one year or longer without providing the mandatory flood disclosure statement. Skipping this step carries real consequences: if a tenant later suffers an uninsured flood loss and never received the disclosure, they can terminate the lease within 30 days of the damage and are entitled to a full refund of prepaid rent. For St. Augustine owners near the coast or the San Sebastian and Matanzas rivers, this disclosure requirement deserves particular attention given the area's flood zone overlap.
What Is Considered Harassment by a Landlord in Florida?
Landlord harassment in Florida refers to a pattern of conduct intended to pressure, intimidate, or force a tenant out of a unit without following the legal eviction process. This includes repeated unannounced entries, shutting off water or electricity, threatening language, or entering the unit outside of the 12-hour advance notice generally expected for non-emergency access.
Florida law does not have a single "anti-harassment" statute for landlords the way some states do. Instead, harassment claims typically get pursued through a combination of the self-help eviction prohibition, the implied warranty of habitability, and, in extreme cases, criminal trespass or stalking statutes. As a result, tenants facing harassment usually need to document specific incidents: dates, times, what was said or done, and any witnesses.
For property owners, the practical lesson is simple: never attempt to force out a difficult tenant informally. Even with the new 30-day notice period and faster squatter removal process under House Bill 621, the correct legal path is always through proper notice and, if necessary, formal eviction filed with the county court. Cutting corners here, even out of frustration, exposes an owner to counterclaims that can delay a legitimate eviction by months.
What Are the Biggest Statewide Changes for Florida Landlords in 2026?
The five biggest statewide changes for Florida landlords heading into 2026 are the extended notice period for month to month tenancies, the statewide preemption of local tenant ordinances, mandatory flood disclosure for longer leases, new security deposit alternatives, and the expedited unauthorized occupant removal process. Each originated from separate bills passed between 2023 and 2026, but together they represent the most significant overhaul of Florida's Residential Landlord and Tenant Act in years.
First, House Bill 1417 amended Florida Statute § 83.57 to require 30 days' notice for ending a month to month tenancy, doubling the previous 15-day window. Specifically, this gives tenants more runway to find new housing, while giving landlords a longer, more predictable off-ramp when a tenancy needs to end.
Second, that same bill created Florida Statute § 83.425, which preempts local landlord tenant regulations statewide. As a result, more than 40 city and county ordinances covering things like extended notice periods for rent hikes or local security deposit rules no longer apply. Miami-Dade County's 60-day notice requirement for rent increases above 5% and Broward County's late-fee disclosure rule are two well-known examples that were invalidated by this preemption.
Third, Senate Bill 948 introduced the flood disclosure requirement under Florida Statute § 83.512, effective October 1, 2026, for leases of one year or longer. Fourth, House Bill 133 (codified at § 83.491) and later refinements allow a non-refundable monthly fee as an alternative to a lump-sum deposit. Fifth, House Bill 621 created a sheriff-based removal process for unauthorized occupants under § 82.036, with a companion measure, Senate Bill 322, extending the same mechanism to commercial property under § 82.037.
Comparison Table: Old Rule vs. New Rule
Area of Law | Old Rule (Pre-2024) | New Rule (2024-2026) | Statute |
Month-to-month notice | 15 days | 30 days | F.S. § 83.57 |
Local ordinances | 40+ city/county rules applied | Preempted statewide | F.S. § 83.425 |
Flood disclosure | Not required | Mandatory for 1+ year leases (Oct. 1, 2026+) | F.S. § 83.512 |
Security deposit | Deposit or nothing | Deposit, installment plan, or monthly fee | F.S. § 83.491 |
Squatter removal | Full eviction lawsuit required | Sheriff complaint, 24-48 hour removal | F.S. § 82.036 |
Rent increase frequency | No statutory limit | Once per 12 months, capped at 30% | F.S. § 83.46 (SB 64) |
Notice delivery | Paper only | Electronic optional with tenant consent | F.S. § 83.505 (HB 615) |
Can Landlords Charge 3x Rent in Florida?
Requiring a prospective tenant to prove income of roughly three times the monthly rent is a common Florida landlord screening standard, but it is not a statutory requirement, it's an industry norm that individual landlords and property managers set on their own. Florida law does not mandate any specific income multiplier for tenant qualification.
Because there's no statewide rule dictating this ratio, landlords can set a lower or higher threshold as long as the screening criteria are applied consistently and don't violate Fair Housing Act protections. In St. Augustine's rental market, where the median rent across all property types runs around $2,100 per month according to 2026 tracking data, a 3x standard would mean roughly $6,300 in verified monthly income, a bar that shuts out some otherwise reliable tenants in a market where wages haven't kept pace with rent growth.
Some landlords use a sliding scale instead, factoring in credit history, rental history, and co-signers for applicants who fall short of 3x income but check every other box. This approach tends to fill vacancies faster without sacrificing much on tenant quality, particularly in a market where Steward Weekly's 2026 analysis and similar industry guides note rent growth has cooled to the 2-3% range after the sharp increases of 2021-2022.
What Repairs Are Tenants Responsible For in Florida?
Florida tenants are generally responsible for damage they cause beyond normal wear and tear, keeping the unit clean and sanitary, and disposing of trash properly, while landlords remain responsible for structural repairs, plumbing, electrical systems, and pest control under the implied warranty of habitability in Florida Statute § 83.51. This division of responsibility hasn't changed under the 2024-2026 legislative updates.
For example, a tenant who clogs a drain by improper use, breaks a window, or damages flooring through negligence typically bears the repair cost. In contrast, a leaking roof, failing HVAC system, or broken water heater falls squarely on the landlord regardless of what the lease says, because Florida's habitability standard cannot be waived by contract for most residential leases.
Lease agreements can shift some minor maintenance duties to tenants, such as changing air filters or lawn care in single-family rentals, but these arrangements need to be spelled out clearly in writing. A well-drafted lease should list exactly which maintenance tasks fall to the tenant versus the landlord, since ambiguity here is one of the most common sources of security deposit disputes at move-out.
How Does Florida's New Flood Disclosure Requirement Work?
Florida's flood disclosure law, created by Senate Bill 948 and codified at Florida Statute § 83.512, requires landlords to provide a separate written statement disclosing flood zone status, known flood damage history, prior flood insurance claims, and any flood assistance received during their ownership, for any residential lease of one year or longer signed on or after October 1, 2026.
This is one of the content gaps most competing guides gloss over: what actually needs to be in the disclosure. At minimum, the statement should specify whether the property sits in a FEMA-designated flood zone, list any documented flooding events, note whether flood insurance claims were filed, and disclose any federal or state flood assistance the owner received. Landlords in coastal Northeast Florida, including St. Johns County, should treat this as standard practice even for month-to-month leases, since flood risk disclosure builds trust and reduces liability regardless of lease term.
The enforcement mechanism has teeth. If a landlord skips the disclosure and a tenant later experiences an uninsured flood loss, that tenant can terminate the lease within 30 days of the damage occurring and is owed a full refund of any prepaid rent from the termination date forward. Given St. Augustine's proximity to the Matanzas River, Intracoastal Waterway, and Atlantic coastline, this disclosure isn't a box-checking formality, it's a genuine risk management tool for both parties.
How Do the New Electronic Notice Rules Work for Florida Landlords?
Electronic notice delivery became legally optional for Florida landlords under House Bill 615, which created Florida Statute § 83.505, allowing statutory notices like rent increases or lease violations to be delivered by email or a secure tenant portal instead of paper mail. This option only applies if the tenant provides written consent in advance and the landlord can prove both delivery and receipt.
As of July 1, 2026, this remains an opt-in system, not a replacement for paper notices. Landlords must still default to traditional physical delivery, hand delivery or mail, unless a tenant has explicitly agreed in writing to electronic notice. This distinction matters because a landlord who assumes email consent without documentation risks having a notice thrown out in eviction proceedings, undermining the entire timeline.
For owners managing several units, building an electronic notice consent addendum into the initial lease signing process is the cleanest approach. It should specify the email address or portal to be used, require the tenant's signature acknowledging consent, and outline how delivery confirmation will be documented, whether through email read receipts or portal login timestamps. Owners using property management software should confirm their platform generates a timestamped delivery log, since this documentation becomes critical if a notice dispute ever reaches housing court.
What Happened to Local Landlord-Tenant Ordinances in Florida?
Florida Statute § 83.425, enacted through House Bill 1417 effective July 1, 2026, preempts nearly all local government regulation of residential landlord-tenant relationships, replacing more than 40 city and county ordinances with a single uniform statewide standard. This means municipalities can no longer impose their own notice periods, deposit rules, or tenant protections that go beyond what state law requires.
Notably, this preemption eliminated rules that had been in place for years in some jurisdictions. Miami-Dade County's requirement for 60 days' notice before rent increases exceeding 5% is gone. Broward County's mandate that landlords disclose late fees in a specific format no longer applies. If you previously operated rentals in one of these counties and adjusted your practices to comply with local rules, those extra compliance steps are no longer legally required, though many property managers continue some of them voluntarily as good business practice.
For owners with rentals across multiple Florida counties, this preemption genuinely simplifies compliance. Instead of tracking a patchwork of city and county rules, landlords now follow one statewide standard under Florida Statutes Chapter 83. That said, local zoning, business tax receipt requirements, and short-term rental registration rules, like those enforced by the City of St. Augustine, are separate from landlord-tenant law and remain fully in effect. Preemption applies to tenant protection ordinances, not to STR permitting or zoning.
How Do Florida's New Rules Affect Short-Term Rentals and Airbnb Hosts?
Florida's 2024-2026 landlord-tenant statute changes primarily target long-term residential leases of six months or longer and generally do not override local short-term rental ordinances, meaning STR hosts in cities like St. Augustine still answer to city-specific licensing, occupancy, and safety rules separate from Chapter 83's notice and deposit provisions. This is a distinction most statewide guides skip entirely, and it matters enormously if you operate a vacation rental rather than a traditional lease.
St. Augustine's short-term rental ordinance still requires hosts to register with the city and hold a business tax receipt, which functions as the STR license. The city caps occupancy at 12 unrelated guests per dwelling, requires at least one adult in the party to be 25 or older, and enforces noise and nuisance rules with fines and potential license suspension for repeat violations. None of that changed under the statewide preemption of landlord-tenant ordinances, because STR licensing falls under municipal business regulation, not Chapter 83 tenancy law.
Where the new rules can intersect with STR operations is in longer-term corporate housing arrangements or off-season monthly rentals that some owners run during slower months. If a property owner rents a unit on a month to month basis during the softer September shoulder season, when St. Augustine occupancy dips to around 34.6% according to AirDNA's 2026 market data, that arrangement would fall under the new 30-day notice requirement and flood disclosure rules if the lease term reaches one year. Short nightly stays booked through Airbnb or VRBO remain governed by the city's STR ordinance and Florida's separate transient rental tax statutes, not by the residential landlord-tenant notice provisions.
At In The Sun VR, we regularly field questions from St. Augustine property owners trying to sort out which rules apply to which type of stay. Our advice is consistent: know exactly which regulatory bucket your rental falls into, transient/STR versus long-term residential, because mixing up the two compliance frameworks is one of the most common and costly mistakes we see new owners make.
How Does Florida's Rent Increase Cap Actually Work?
Senate Bill 64, codified in Florida Statute § 83.46, limits residential rent increases to once every 12 months on the same unit and caps the increase amount at 30% of the current rent, effective July 1, 2026. This cap applies to existing tenancies, not to the rent a landlord sets when signing a brand-new lease with a new tenant.
Two significant exceptions exist. First, the 30% cap doesn't apply at the start of a new rental agreement where no tenant from a prior tenancy remains in lawful possession, meaning a landlord can set whatever rent the market supports for a fresh lease. Second, the cap doesn't apply if the landlord's actual expenses for repairs, insurance premium increases, or property tax hikes exceed 30% of the current rent within that same 12-month period, provided those costs are documented.
In practice, this cap rarely bites in markets like St. Augustine, where long-term rent growth has cooled to roughly 2-3% year-over-year as of 2026, down sharply from the 8-12% spikes seen during 2021-2022. Landlords rarely need to approach anywhere near a 30% increase in a single cycle. The bigger practical impact of Senate Bill 64 is the once-per-year limitation itself: landlords who previously adjusted rent mid-lease for utility cost increases or other reasons can no longer do so more than once in any 12-month window on the same unit.
What About Squatters and Unauthorized Occupants in Florida?
House Bill 621, effective July 1, 2026, created Florida Statute § 82.036, allowing residential property owners to file a verified complaint with the county sheriff to remove unauthorized occupants without pursuing a full eviction lawsuit, with removal typically occurring within 24 to 48 hours once the sheriff confirms the owner's right to possession. Senate Bill 322 extended this same mechanism to commercial property under a companion statute, § 82.037.
To use this process, an owner must submit a sworn complaint to the sheriff's office stating the property was not rented or leased to the occupant, the occupant refused to leave after being asked, and the occupant is not a current or former tenant with a legal claim to possession. The sheriff then determines whether probable cause exists to treat the individual as an unauthorized occupant rather than a tenant with due process rights.
This distinction is critical: this process is explicitly for unauthorized occupants, not for tenants who stopped paying rent under a valid lease agreement. Attempting to use the sheriff complaint process against an actual tenant, even one significantly behind on rent, exposes the landlord to serious legal liability for wrongful removal. Standard non-payment evictions still require the traditional 3-day notice and formal court eviction process under Florida Statute § 83.56.
How Long Does a Florida Eviction Take in 2026?
A standard uncontested non-payment eviction in Florida typically takes 21 to 35 days from filing to judgment under current court procedures, following an initial 3-day notice period, excluding weekends and holidays, that gives the tenant a chance to pay or vacate before the landlord files suit. This timeline held steady through the recent legislative changes.
Notably, a proposed 2026 bill, Senate Bill 716, would have extended the standard non-payment notice window from 3 days to 5 days, but it died in committee and never became law. Several 2026 landlord guides, including analysis from True North Managed, confirm the 3-day notice period remains the current standard, so landlords should not plan around a 5-day rule that isn't actually in effect.
Contested evictions, where a tenant disputes the claim, take considerably longer because Florida's court-registry deposit requirement under Florida Statute § 83.60(2) requires the tenant to deposit disputed rent into the court registry to maintain a defense. Cases that clear this hurdle without deposit can be dismissed quickly in the landlord's favor, while genuinely contested cases with valid registry deposits can extend the timeline by several additional weeks depending on the county court's caseload.
How Does Florida's Landlord-Friendly Framework Compare to Other States?
Florida's landlord-tenant framework in 2026 is notably more landlord-favorable than states like California or New York, which impose statewide rent control, just-cause eviction requirements, and longer notice periods for lease terminations, while Florida has no statewide rent control and just recently extended its month-to-month notice period from 15 to 30 days, still shorter than the 30-60 day standards common in stricter tenant-protection states.
California's statewide rent cap under the Tenant Protection Act limits annual increases to a percentage tied to inflation, generally capped around 10% in most circumstances, a stark contrast to Florida's 30% cap that applies only once per 12 months and carries broad exceptions. New York similarly restricts rent increases in regulated units and requires just-cause justification for many terminations, a standard Florida does not impose outside of specific fair housing protections.
Florida's preemption of local ordinances under Florida Statute § 83.425 also runs opposite to the trend in California and New York, where cities like Los Angeles, San Francisco, and New York City maintain their own additional tenant protections layered on top of state law. Florida's approach consolidates power at the state level and removes local variation entirely, which simplifies compliance for landlords operating across multiple counties but reduces the tenant protections some Florida municipalities previously offered. For property owners weighing where to invest, this regulatory environment is a genuine factor: Florida's framework favors predictable, lower-friction ownership compared to markets with stronger tenant-side statutory protections.
What Should Florida Landlords Do to Stay Compliant in 2026?
Staying compliant with Florida's 2026 landlord rules starts with updating lease templates to reflect the 30-day notice requirement, adding a flood disclosure addendum for qualifying leases, and documenting any electronic notice consent in writing before relying on email or portal delivery. These are the three most common compliance gaps we see across the owners we work with.
Update your lease template. Confirm month-to-month termination language reflects 30 days, not the outdated 15-day standard.
Add the flood disclosure form. Required for any lease of one year or longer signed on or after October 1, 2026; include FEMA flood zone status, damage history, and insurance claims.
Choose your deposit structure deliberately. Decide whether you'll offer a traditional deposit, an installment plan, or a non-refundable monthly fee, and be explicit that tenants cannot be charged both a fee and a full deposit.
Document electronic notice consent separately. Don't assume email delivery is valid without a signed addendum specifying the tenant's consent and the delivery method.
Know your local STR rules separately from Chapter 83. If you operate a short-term rental, confirm your city's business tax receipt, occupancy cap, and safety inspection requirements are current, since these sit outside the preempted landlord-tenant ordinances.
Track rent increase timing. Log the date of the last increase per unit to avoid violating the once-per-12-months rule under Senate Bill 64.
Use the sheriff removal process correctly. Reserve it strictly for unauthorized occupants, never for tenants behind on rent under a valid lease.
A common mistake we see, particularly among out-of-state owners managing property remotely, is treating these updates as a one-time task rather than an ongoing compliance habit. Florida's legislature revisits landlord-tenant law almost every session, and the failed 5-day notice proposal in Senate Bill 716 shows how close some changes come to passing without ultimately taking effect. If you're managing an STR portfolio, this is exactly the kind of moving-target regulatory landscape where professional short-term rental management earns its keep, since keeping up with both statewide statutes and city-level STR ordinances is a full-time job on its own.
Frequently Asked Questions
Do these new rules apply to short-term rentals like Airbnb properties in Florida?
Mostly no. Florida's 2024-2026 landlord-tenant changes, including the 30-day notice and flood disclosure rules, target longer residential leases rather than nightly or weekly vacation rentals. Short-term rentals remain governed by city ordinances, such as St. Augustine's occupancy caps and business tax receipt requirements, plus separate state transient rental tax rules.
What is the current notice period to end a month-to-month lease in Florida?
Florida landlords must now give 30 days' written notice to terminate a month-to-month residential tenancy, per Florida Statute § 83.57 as amended by House Bill 1417 effective July 1, 2026. This replaced the previous 15-day requirement and applies statewide with no local exceptions remaining after preemption.
Is there rent control in Florida?
No, Florida has no statewide rent control, and local governments are generally prohibited from enacting their own rent control measures except during a formally declared housing emergency. Senate Bill 64 does cap rent increases at 30% once every 12 months on existing tenancies, but this is a limit on increase frequency and size, not a rent control system.
How much notice do I need to give before entering a tenant's unit in Florida?
Florida law generally expects landlords to provide reasonable notice, typically interpreted as at least 12 hours, before entering an occupied unit for non-emergency purposes like repairs or inspections. Entering without proper notice or entering repeatedly without cause can support a harassment or habitability claim from the tenant.
Can a Florida landlord require both a security deposit and a monthly fee?
No. Florida Statute § 83.491 allows landlords to offer a non-refundable monthly fee as an alternative to a traditional security deposit, but landlords cannot require both a deposit and the monthly fee for the same lease. Owners must choose one structure and apply it consistently.
What happens if a landlord skips the new flood disclosure requirement?
If a landlord fails to provide the flood disclosure required under Florida Statute § 83.512 for a qualifying lease of one year or longer, and the tenant later suffers an uninsured flood loss, the tenant can terminate the lease within 30 days of the damage and is owed a full refund of prepaid rent from that termination date forward.
Does Florida's 30-day notice rule apply to all lease terminations?
The 30-day notice requirement specifically applies to ending month-to-month tenancies without cause. Fixed-term leases generally end on their stated expiration date without requiring this notice, and evictions for cause, like non-payment, still follow the separate 3-day notice and formal eviction process under Florida Statute § 83.56.
Are Florida's new squatter removal rules the same as an eviction?
No. The sheriff-based removal process created by House Bill 621 under Florida Statute § 82.036 is a faster administrative path specifically for unauthorized occupants who were never legal tenants, typically resolving within 24 to 48 hours. Actual tenants, even those far behind on rent, must still go through the standard eviction process in county court.
Final Take: What Florida Landlords Need to Remember for 2026
The rules for landlords in Florida shifted significantly between 2026 and 2026, and the core changes worth remembering are the 30-day month-to-month notice, statewide preemption of local ordinances, mandatory flood disclosure for longer leases, new security deposit flexibility, and a faster path to removing unauthorized occupants. None of these apply directly to nightly short-term rentals, which remain governed by city-specific STR ordinances like the one enforced in St. Augustine.
What hasn't changed matters just as much as what has: self-help evictions are still illegal, habitability obligations still fall on the landlord, and the standard 3-day non-payment notice remains intact despite a proposed 5-day extension that failed to pass. Staying compliant in 2026 means updating your lease templates, documenting deposit and notice choices in writing, and keeping your long-term lease compliance separate from your short-term rental licensing obligations.
Property owners juggling both long-term compliance and a vacation rental portfolio in a market like St. Augintine often find the regulatory overlap genuinely confusing, and that confusion is exactly where a knowledgeable local partner adds real value.
Navigating Florida's evolving regulatory landscape takes ongoing attention, whether you're managing a traditional lease or a short-term rental. In The Sun VR works with St. Augustine property owners to keep operations compliant, guest-ready, and profitable, handling everything from regulatory tracking to revenue strategy so owners don't have to parse statute numbers themselves. If you own a property in St. Augustine and want a team that already knows the difference between Chapter 83 and the city's STR ordinance, reach out to see how full-service management can simplify your side of the equation.
Written by Seth Balogh, Owner at In The Sun VR
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