Tuesday, October 14, 2025
Things Landlords Cannot Do in Florida
Owning a rental property can be a great way to build your financial future. Once you have purchased the property, you can earn passive income while building equity. Yet being a landlord does come with its own set of challenges.
Florida’s landlord-tenant laws specify what landlords can - and cannot - do when it comes to residential tenancies. Landlords have to be careful to comply with these laws, such as not discriminating or retaliating against tenants and handling security deposits properly, to avoid legal issues. Our experienced Tampa property managers can help you maximize profit while avoiding problems with your rental properties.
At Eaton Realty, we offer a range of real estate services to buyers, sellers, landlords, and tenants in Hillsborough County. Led by a NARPM-certified Master Property Manager, our property management team is skilled at helping our clients navigate federal and Florida law as it relates to landlord-tenant relations. Contact us today to talk to a team member about our property management services.
What Are Landlords Prohibited from Doing in Florida?
The relationship between landlords and tenants is governed by Florida’s Landlord-Tenant law. This law addresses the rights and duties of both landlords and tenants. For example, tenants have the right to live in the rental property, which the landlord has a duty to provide. In exchange, the tenant has a duty to pay rent to the landlord.
As a landlord, it is important to understand exactly what you can and cannot do when it comes to residential tenants. Violating Florida or federal law can result in serious consequences, so taking the time to understand these rules is key. Below, we explain what landlords cannot do when it comes to dealing with tenants in Florida.
Mishandle or Increase Security Deposits During The Lease
In Florida, there is no cap on security deposits. Landlords are free to charge whatever security deposit they think is appropriate or even allow tenants to pay a fee in lieu of a security deposit. However, the terms of the security deposit and/or fee must be outlined in the lease, and you cannot increase the deposit or fee during the lease term once the amount has been agreed upon.
Under Florida law, landlords are required to place security deposits into a non-interest-bearing account, an interest-bearing account with the interest paid to the tenant annually, or to obtain a surety bond for the deposit amount. Landlords must provide tenants with written notice of how and where their security deposit is held within 30 days of payment. Landlords who fail to handle security deposits correctly may face legal penalties.
If you own a rental property in Hillsborough County, take some time to familiarize yourself with the requirements for handling tenants’ security deposits. You should also make sure that all necessary information about these security deposits (or fees) is spelled out clearly in the lease or a written notice. Our property management team can help you with the process, accepting and managing security deposits in compliance with Florida law on your behalf.
Favor Local Laws Over State Law
Florida’s landlord-tenant law is a state law. It contains a provision that specifically pre-empts local government regulations on any matters covered by the state law, such as approving tenancies, rental agreement applications and fees, the rights and responsibilities of landlords and tenants, and notice requirements.
This means that landlords must always follow state law when state and local law conflict on landlord-tenant matters. For example, if the city of Tampa were to pass an ordinance that allowed landlords to evict a tenant without notice, landlords should ignore that law in favor of the state landlord-tenant law. Our Tampa property managers can help you understand which laws apply to you and how to ensure that you don’t violate federal, state, or local law.
Enter a Unit without Proper Notice
In Florida, tenants have the right to private, peaceful possession of the dwelling. Landlords can only enter a rental property to inspect the premises or make necessary or agreed-upon repairs. To do so, landlords must give reasonable notice and enter at a convenient time. If there is an emergency, then the notice requirement may be shortened or waived.
Generally, reasonable notice is at least 24 hours. A reasonable time for entering the apartment is between 7:30 a.m. and 8:00 p.m. For example, if you need to make a repair to a window screen, then you will want to give the tenant notice at least a day ahead of time and schedule the repair during the day.
Most importantly, landlords cannot use the right to enter a rental property to harass or abuse a tenant. If you own a rental property in Hillsborough County, you should always give a tenant notice before entering their property - and only enter for a valid reason (such as inspection or repair). Whenever possible, working cooperatively with your tenants is the best way to avoid problems. Our property managers can help you take care of inspections, repairs, and appropriate notices.
Perform Employee Background Checks for Apartment Buildings
If you own an apartment building, then you are required to perform background checks on any employees who work in the building. This background check should include both criminal history and sexual offender registries. Performing these checks will help to keep your tenants safe and ensure that you are in full compliance with Florida law.
Fail to Maintain the Property
Under Florida law, landlords are required to provide a home for tenants that is safe and meets housing code requirements. Landlords have an obligation to maintain the properties in a livable condition, with working plumbing, heating, and electrical systems. They should also keep the property free from pests and other hazards.
Generally, this means that not only do you have to provide the property to your tenants in a habitable condition, you must also maintain the property. If you don’t make necessary repairs, such as fixing a broken window, then your tenants can withhold rent. Alternatively, your tenants may be able to make the repairs themselves and deduct the cost from rent.
At Eaton Realty, our property managers handle both routine maintenance as well as repair requests on behalf of our clients. This can reduce the stress of dealing with repair requests and can help to make sure that your rental properties are always in a habitable condition.
Illegally Increase the Rent
Florida law does not prohibit rent increases as a general matter. However, any rent increase must be done at the end of a fixed-term lease agreement. For month-to-month leases, the rent can be increased, but the tenant must be given proper notice equal to one-half of the lease term (i.e., 15 days for a month-to-month tenancy).
In short, this means that if you want to increase rent, you will have to wait until the lease term is done. For example, if you have a tenant with a yearly lease with rent set at $1,500 per month and you want to increase the rent to $1,750 per month, you can’t change the rent until the lease has expired. Typically, it is a smart idea to give tenants enough notice about any proposed rent increases so that they can decide whether they can afford the new rent or if they want to move.
As explained more fully below, it is also illegal to increase rent in a discriminatory or retaliatory way. If your motivation is to get retribution for a tenant who complained about unlawful practices or to discriminate against someone because of their race or sexuality (for example), then it could be viewed as an illegal rent increase.
Discriminate
Under the Florida Civil Rights Act and the federal Fair Housing Act, it is illegal to discriminate against a tenant or prospective tenant based on their race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, or disability. This can happen in any number of ways, such as a landlord screening out prospective tenants based on their perceived race or nationality or a landlord refusing to make a reasonable accommodation for a tenant with a disability.
A violation of these laws can lead to both financial penalties/fines and a civil lawsuit. A tenant could also use it as a defense to fight against an eviction or other legal action. Landlords should always be careful not to discriminate against tenants in any way. Working with a seasoned property management professional is one of the best ways to achieve this goal. Our team offers standardized processes and procedures to ensure that all tenants are treated fairly.
Retaliate Against Tenants
Landlords also cannot retaliate against tenants for exercising their legal rights. Under Florida’s landlord-tenant laws, punishing a tenant in any way for exercising their rights (such as reporting a code violation to local authorities) is illegal. Even if you are upset with a tenant for taking action, you cannot take any action that might be viewed as retaliatory, such as raising the rent or refusing to make repairs.
Eaton Realty’s property management team takes a proactive approach to handling tenants. We can help to reduce the likelihood of tenants wanting to exercise their legal rights, such as by staying on top of repairs and maintenance. If a tenant is upset, our professionalism will allow us to handle the matter in a calm way that avoids any allegations of discrimination.
Unlawfully Withhold Security Deposits
The purpose of a security deposit is to cover losses that a tenant may cause, such as unpaid rent or property damage. Florida law allows landlords to take deductions for damages. Typically, landlords will do a pre-move-in inspection and a move-out inspection to determine if the tenant caused any property damage.
If there are no deductions, Florida law requires landlords to return a tenant’s security deposit within 15 days. If a landlord is withholding any amount from the security deposit, then the landlord must provide a written notice to the tenant within 30 days. The tenant then has 15 days to dispute these deductions.
The notice should follow this general format:
This is a notice of my intention to impose a claim for damages in the amount of $____________ upon your security deposit, due to _______________. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days after the time you receive this notice, or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to __________ .
If you do not follow this procedure, you cannot keep any portion of a tenant’s security deposit. To withhold any funds from a security deposit for unpaid rent, fines, and/or property damage, you must send a notice within 30 days. Our experienced Tampa property managers can help you document damage and send out the proper notices in a timely manner.
Evict a Tenant Outside of the Legal Process
In Florida, self-help evictions are illegal. This means that you cannot change the locks, remove a tenant’s property, or shut off utilities in an effort to get them out of the rental property. All evictions must go through the legal system.
The eviction process takes time and requires you to comply with specific requirements, such as providing notice to the tenant and filing the proper paperwork in court. If you have a tenant who has violated the lease, isn’t paying rent, or simply refuses to vacate the property, then you will have to go through each step to evict them. It can be frustrating, especially when you are losing money, but it is necessary to avoid legal complications.
Ideally, you won’t ever need to evict a tenant after careful tenant screening and property management. If it does become necessary, our property management professionals can walk you through the eviction process. We will work with you and your legal counsel to ensure that an eviction is done legally and correctly.
Contact Us for Expert Property Management Services in West Central Florida
There are a lot of “dos” and “don’ts” when it comes to being a landlord in Florida. Understanding these rules is critical to ensuring that you avoid legal trouble and remain profitable as a landlord. Our experienced property management team can work with you to make sure that your rental units are skillfully managed.
Eaton Realty is a Tampa property management company that offers thoughtful, strategic advice and property management services to landlords in Hillsborough County. We understand Florida law and how it applies to landlords, and stay on top of updates to the laws and regulations so that our clients always know where they stand. To learn more about our property management services, fill out our online contact form or call our office at 813-672-8022.
