FL · Renter law

Which lease clauses are illegal in Florida?

Florida caps very little: no deposit limit, no late-fee cap. What it does is void any lease term that takes away a right under the Landlord and Tenant Act. Here’s what those terms look like.

Updated October 15, 2026 · 8min read · How we check the law

The short answer

In Florida, any lease term that waives a right under the Residential Landlord and Tenant Act is void, including clauses excusing the landlord’s own negligence, making only the tenant pay legal fees, or keeping the deposit without a certified-mail notice of claim within 30 days. Lockouts, repair entry without 24 hours’ notice, and lease-break fees over two months’ rent without a signed addendum are also off-limits (Fla. Stat. §§ 83.47, 83.48, 83.49, 83.53, 83.67, 83.595).

Below are 9 lease clauses that Florida law voids or limits, each with an example of how it tends to read in a real lease and the statute behind it. A landlord can still print them; what the law decides is whether they can be enforced against you.

9 lease clauses that break Florida law

1. Waiving your rights under the Landlord and Tenant Act

Lease language to watch for
“Tenant waives all rights and remedies under Part II of Chapter 83, Florida Statutes.”
What the law saysFla. Stat. § 83.47
A lease term is void to the extent it waives any right, remedy or requirement in the Florida Residential Landlord and Tenant Act, including the deposit-return procedure, the landlord’s maintenance duty, notice before termination, the ban on lockouts, and the right to defend an eviction.
Read the official text

2. Excusing the landlord’s own negligence

Lease language to watch for
“Landlord shall not be liable for any injury or damage, whether or not caused by Landlord’s negligence.”
What the law saysFla. Stat. § 83.47
A lease term that limits the landlord’s legal liability to you, or makes you indemnify the landlord for its own fault, is void. A party harmed by such a term can recover actual damages.
Read the official text
Lease language to watch for
“Tenant shall pay Landlord’s attorney’s fees in any action arising from this Lease.”
What the law saysFla. Stat. § 83.48
In a suit to enforce the lease or the Act, whoever wins may recover reasonable attorney’s fees and court costs. The right belongs to the tenant as much as the landlord, and a lease can’t waive it.
Read the official text

4. A “non-refundable” deposit, or keeping it without notice

Lease language to watch for
“The security deposit is non-refundable and shall be retained by Landlord at the end of the lease.”
What the law saysFla. Stat. § 83.49
A landlord who wants to keep any of the deposit must send a written notice of claim by certified mail within 30 days after the lease ends, giving you 15 days to object. Without a claim, the deposit is due back within 15 days. Miss the 30-day notice and the landlord loses the right to keep any of it.
Read the official text

5. Repair entry without 24 hours’ notice

Lease language to watch for
“Landlord may enter the Premises at any hour to perform repairs.”
What the law saysFla. Stat. § 83.53
For repairs, a landlord must give at least 24 hours’ notice and enter between 7:30 a.m. and 8:00 p.m. Entry without notice is allowed only in an emergency or to protect the property, and access can’t be used to harass you.
Read the official text

6. Lockouts or removing your belongings

Lease language to watch for
“If rent is late, Landlord may change the locks and remove Tenant’s property from the unit.”
What the law saysFla. Stat. § 83.67
A landlord may not change the locks, use a bootlock, remove doors or windows, or remove your belongings outside a lawful eviction. The penalty is actual damages or three months’ rent, whichever is greater, plus attorney’s fees.
Read the official text

7. A lease-break fee over two months’ rent

Lease language to watch for
“Early termination requires payment of three months’ rent and 90 days’ notice.”
What the law saysFla. Stat. § 83.595
An early termination fee qualifies under Florida law only if it is no more than two months’ rent, requires no more than 60 days’ notice, and you agreed to it in a separate signed addendum in the statutory form.
Read the official text

8. Ending the lease instantly over a guest

Lease language to watch for
“Any unauthorized occupant shall result in immediate termination of this Lease.”
What the law saysFla. Stat. § 83.56
An unauthorized guest is a curable violation: the landlord must first give written notice with seven days to fix it. A lease can’t waive that notice.
Read the official text

9. Pet fees for an emotional support animal

Lease language to watch for
“All animals, including support animals, require a $400 pet fee and $35 monthly pet rent.”
What the law saysFla. Stat. § 760.27
Once an emotional support animal is approved as a reasonable accommodation, the landlord may not charge extra for it, such as a pet fee, pet deposit or pet rent. You remain liable for any damage the animal causes.
Read the official text

It helps to know what isn’t a violation, so you can spend your negotiating energy on the lines that are. These terms are lawful in Florida:

  • A large security deposit or a pet deposit. Florida sets no maximum deposit, and a separate pet deposit is allowed. The holding, notice and return rules still apply. (Fla. Stat. § 83.49)
  • Any late fee the lease states. Florida has no late-fee cap and no required grace period, and cities can’t add one. A court can still refuse to enforce an unconscionable term. (Fla. Stat. § 83.425)
  • A non-refundable application fee. Florida has no cap on application fees and no rule that they be refundable. (Fla. Stat. § 83.425)
  • A ban on subletting. Florida gives tenants no statutory right to sublet, so a no-sublet clause is generally enforceable. (Fla. Stat. § 83.56)

If your lease has one of these clauses

Before you sign: ask for the line to be removed or rewritten, and quote the citation from the card above. Something like: “This clause conflicts with Florida law, so I’d like it struck before I sign.” How a landlord responds tells you a lot about renting from them.

After you’ve signed: a clause the law voids doesn’t become enforceable because it’s in a lease you signed. If a landlord tries to enforce one, a short written reply citing the statute is usually the first step. For an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.

If one of these is in your lease, it’s worth checking the rest, including the addenda and rules pages, which can carry problem clauses as easily as the main form.

See everything we check in a Florida lease

Questions renters ask

Is there a security deposit limit in Florida?

No. Florida sets no maximum deposit, and cities can’t add one. What the law controls is how the deposit is held and returned: back within 15 days if there’s no claim, or a certified-mail notice of claim within 30 days.

Does Florida cap late fees?

No. Florida has no late-fee cap and no required grace period, and local governments can’t add one. A court can still refuse to enforce a term it finds unconscionable.

How much can a Florida landlord charge to break a lease?

A fixed early termination fee qualifies under the statute only if it’s no more than two months’ rent, requires no more than 60 days’ notice, and you agreed to it in a separate signed addendum.

Sources & statutes

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LeasePatrol provides rental law information, not legal advice, and is not a law firm. Statute summaries here describe the law as of the “updated” date above; if you're facing an eviction or a lawsuit, talk to a tenant lawyer or your local legal aid office.