Florida's Residential Landlord and Tenant Act — codified at Chapter 83, Part II of the Florida Statutes — is one of the more prescriptive landlord-tenant frameworks in the country. It sets specific timelines, notice requirements, and penalties for non-compliance that apply to nearly every residential tenancy in the state. It does not care whether you forgot, whether you were busy, or whether your intentions were good.
This article covers the provisions that come up most frequently in day-to-day property management across St. Johns County — explained in plain language — along with what changed heading into 2026. This is not legal advice. For specific legal questions, consult a licensed Florida attorney.
Security Deposits: The Most Litigated Area
F.S. §83.49 governs security deposits, and it generates more landlord-tenant disputes than any other provision. The reason is simple: the rules are specific, the timelines are short, and the penalties for non-compliance can mean forfeiting your right to make any deductions at all — even legitimate ones.
The 15-Day Rule (No Claim)
If the landlord intends to return the full security deposit with no deductions, the deposit must be returned within 15 days of the tenant vacating and providing a forwarding address. There is no notice requirement when returning the full deposit — just return it.
The 30-Day Rule (Making a Claim)
If the landlord intends to make any deduction, they must send written notice of their claim — by certified mail — within 30 days of the tenant vacating. This notice must specifically describe the claimed damages and amounts. The tenant then has 15 days to object in writing. If the tenant does not object, the landlord may deduct the claimed amounts and return the remainder.
Where to Hold the Deposit
Florida law requires that security deposits be held in one of three ways: (1) in a separate non-interest-bearing Florida bank account, (2) in a separate interest-bearing account with interest going to the tenant, or (3) posted as a surety bond. The landlord must notify the tenant in writing within 30 days of receiving the deposit about how and where it is being held. Many landlords skip this step. It's a statutory requirement.
Landlord Duty to Maintain: The Habitability Standard
Under F.S. §83.51, landlords are required to maintain rental properties in a condition that meets building, housing, and health codes — and where no codes apply, in a condition that is fit for human habitation. This includes functioning plumbing, heating and cooling in working order (particularly important in Florida summers), pest control, and freedom from conditions that constitute a health or safety hazard.
The 7-Day Repair Procedure
When a tenant believes the landlord has materially failed to maintain the property, Florida law provides a specific remedy process — and tenants who skip the process don't get the remedy:
- The tenant must notify the landlord in writing of the specific condition needing repair.
- The landlord then has 7 days (for conditions materially affecting health or safety) to begin remediation.
- If the landlord does not respond, the tenant may terminate the lease or seek a rent reduction through the court — but only after properly completing the notice procedure.
Landlord Entry Rights and Tenant Privacy
F.S. §83.53 governs when and how a landlord may enter a rental property. The baseline rule: the landlord must provide at least 12 hours' advance notice before entering for non-emergency purposes, and entry must occur at reasonable times (generally interpreted as normal business hours). The most common legitimate reasons for entry are to make repairs or improvements, to show the property to prospective tenants or buyers, or to conduct inspections.
In a genuine emergency — a burst pipe, a fire, a gas leak — the landlord may enter without notice. "I wanted to check on something" is not an emergency. Repeated unannounced entries can constitute harassment under Florida law, which gives the tenant the right to terminate the lease.
Eviction: The Non-Payment Process in Plain Language
The formal eviction process in Florida (legally called an "action for possession") begins with proper notice. For non-payment of rent, that means a Three-Day Notice to Pay or Vacate — which must give the tenant three business days (excluding weekends and legal holidays) to pay the full amount owed or vacate.
If the tenant neither pays nor vacates within the three-day window, the landlord may file a Complaint for Eviction with the county court. In St. Johns County, the circuit court courthouse is located in St. Augustine, and the clerk's office handles the filing. Once filed, the tenant has five business days to respond. If they do not, the landlord may request a default judgment. The entire process, when uncontested, typically runs 3–5 weeks from notice to writ of possession.
Lease Termination: Required Notice by Tenancy Type
If there is no written lease (month-to-month), Florida law sets default notice requirements to terminate the tenancy. These apply to both landlords and tenants:
| Tenancy Type | Required Notice to Terminate |
|---|---|
| Year-to-year | 60 days written notice |
| Quarter-to-quarter | 30 days written notice |
| Month-to-month | 15 days written notice before the end of the monthly period |
| Week-to-week | 7 days written notice |
For fixed-term leases (a standard 12-month lease), the tenancy ends on the date stated in the lease. No additional notice is required for the tenancy to terminate — though many lease forms include a notice requirement for non-renewal, which overrides the statute if present in the agreement.
What Changed Heading Into 2026
Florida's legislature has been active in landlord-tenant and housing-related legislation in recent sessions. While no single sweeping overhaul passed in 2025, several areas saw meaningful movement worth tracking for St. Johns County owners and tenants.
Rent Control Preemption
Florida has maintained its preemption of local rent control ordinances — no Florida city or county can impose rent stabilization without a declared housing emergency and a referendum, and even then, the framework is narrow. St. Johns County has no rent control and is not moving in that direction. Landlords may set and adjust rents to market at lease renewal.
Squatter/Unlawful Detainer Reforms
In response to a wave of organized squatter activity in Florida, the legislature passed reforms in 2024 that expanded law enforcement's ability to remove unlawful occupants more quickly — without requiring the landlord to go through the full eviction court process in clear-cut squatter situations. Property owners with documented ownership who can demonstrate they never created a tenancy may be able to request law enforcement removal through an affidavit process. Consult a Florida real estate attorney before relying on this — the distinctions matter.
Application Fee Transparency
Increased legislative attention has focused on application fee disclosures. Landlords collecting application fees must disclose how the fee is used and whether it is refundable. While no specific new dollar-cap legislation passed for 2026, scrutiny in this area is increasing, and best practice is clear, written disclosure of your application fee policy before collection.
The Five Most Common Legal Mistakes We See
After managing properties in St. Johns County for over two decades, the same errors surface repeatedly from self-managing landlords. These are the ones that cost real money:
- Missing the 30-day security deposit notice window — forfeits the right to claim damages.
- Entering the property without 12-hour notice — creates harassment liability and gives the tenant grounds to break the lease.
- Calculating the Three-Day Notice with calendar days instead of business days — voids the notice and requires starting over.
- Failing to provide written notice of where the security deposit is held — a statutory requirement often overlooked.
- Accepting partial rent payment during eviction — in Florida, accepting any rent after serving a Three-Day Notice can waive the notice and reset the process.