What Every South Florida Landlord Needs to Know Before Renting Their Property — 2026 Guide

The complete 2026 guide · Sandra Alonso · Brown Harris Stevens

Renting your South Florida property sounds straightforward. You find a tenant, sign a lease, collect the rent, and that is it. Right?

Not quite.

Florida has specific laws governing the landlord-tenant relationship — and the consequences of getting them wrong can be costly. I have worked with landlords across Coral Gables, Palmetto Bay, Cutler Bay, Pinecrest, and South Miami, and I have seen firsthand what happens when well-meaning property owners skip the steps that matter most.

This guide covers everything you need to know before you hand over those keys — from what to collect upfront to the tax obligations most landlords never see coming.

What to collect before your tenant moves in

Before your tenant receives a single key, you should have collected the following:

✅ First month's rent

Always collected upfront before move-in. Non-negotiable and standard across all of South Florida.

✅ Security deposit

Florida law places no cap on the security deposit amount — landlords can request any amount they feel is appropriate. The most common amount in South Florida is one month's rent, though two months is not unusual for higher-end properties or tenants with limited rental history.

✅ Last month's rent — optional but recommended

Collecting last month's rent upfront provides significant protection if a tenant stops paying in their final month. It is optional under Florida law but highly recommended — especially for longer-term leases.

✅ Pet deposit — if applicable

If you allow pets, collect a pet deposit separately. In South Florida this typically ranges from $250 to $500 depending on the size and breed of the animal.

✅ Pro tip: Always collect funds via certified check, cashier's check, or wire transfer before handing over keys. Never accept personal checks for move-in funds — they can bounce after the tenant has already moved in.

Florida security deposit rules — what every landlord must know

Florida Statute 83.49 governs exactly how security deposits must be handled — and most landlords are not aware of all the requirements.

🏦 Security deposits must be held properly

Florida law requires that security deposits be held in one of two ways: in a separate non-commingled Florida bank account, OR the landlord must post a surety bond with the clerk of the circuit court in the county where the property is located. You cannot simply deposit the security deposit into your personal checking account.

📬 You must notify the tenant in writing within 30 days

After receiving the security deposit, Florida law requires you to notify the tenant in writing of the name and address of the institution where the deposit is being held, whether it is in an interest-bearing account, and the rate of interest if applicable.

⏰ Return deadline — 15 or 30 days

When the tenant moves out, Florida law gives you 15 days to return the full deposit if you have no deductions, or 30 days to provide written notice of any deductions you intend to make. Missing these deadlines can result in forfeiting your right to make any deductions at all.

📝 Written notice required for deductions

If you intend to keep any portion of the security deposit, you must send written notice by certified mail within 30 days of the tenant vacating. The notice must itemize exactly what you are keeping and why. Failure to do this correctly can result in the tenant recovering the full deposit plus attorney's fees.

⚠️ Warning: Florida courts take security deposit violations seriously. Landlords who fail to follow the proper procedures can be required to return the entire deposit — even if the tenant caused legitimate damage — plus pay the tenant's attorney's fees.

The tax obligation most South Florida landlords never see coming

This is the one that surprises almost every landlord I work with — and it can result in significant unexpected costs if you are not prepared.

In Florida, any residential rental with a term of less than six months is considered a short-term rental and is subject to both state sales tax and county tourist development tax.

💰 Florida state sales tax

Currently 6% on all short-term residential rentals — meaning any lease with a term of less than six months.

💰 Miami-Dade County tourist development tax

An additional 6% on top of the state sales tax — bringing the total tax obligation to approximately 12% on top of the monthly rent.

📋 Who is responsible for collecting and remitting

The landlord is responsible for collecting this tax from the tenant and remitting it to the Florida Department of Revenue. This is not optional and non-compliance can result in penalties, interest, and back taxes.

⚠️ Example: If you are renting your South Florida home for $3,500 per month on a 90-day lease, you are required to collect an additional $420 per month in taxes — $210 state sales tax and $210 Miami-Dade tourist tax — and remit this to the state and county. Many landlords skip this step and find themselves facing significant back tax obligations.

✅ The simple fix: Structure leases of six months or longer whenever possible to avoid the short-term rental tax obligation entirely. This is one of the most common pieces of advice I give landlords in South Florida.

Required disclosures under Florida law

Florida law requires landlords to provide certain disclosures to tenants before or at the time of signing the lease. Missing these can expose you to legal liability.

📄 Landlord identity disclosure

Florida Statute 83.50 requires that the landlord or an authorized agent be identified in the lease agreement with their name and address. If you use a property manager, their information must be included.

🔑 Keys and access

You must provide the tenant with keys to all locks on the property and ensure all locks are in working order before move-in.

🏥 Radon gas disclosure

Florida law requires a radon disclosure in every residential lease. Radon is a naturally occurring radioactive gas that can cause health issues. The required language is specified by statute and must be included in every lease.

🎨 Lead-based paint disclosure

For properties built before 1978, federal law requires a lead-based paint disclosure and the provision of the EPA-approved pamphlet on lead-based paint hazards.

🏠 HOA rules and regulations

If your property is in an HOA community, you must provide the tenant with a copy of the HOA rules and regulations. In many South Florida HOA communities, tenants are also required to be approved by the association before moving in.

Tenant screening — doing it legally and properly

Proper tenant screening is your first line of defense against costly problems down the road. But it must be done correctly to avoid fair housing violations.

✅ Credit check

Always run a credit check. Use a reputable screening service and apply the same standards to every applicant to avoid discrimination claims.

✅ Background check

A criminal background check is standard practice in South Florida rental properties. Ensure your criteria are consistent and documented.

✅ Income verification

The general standard in South Florida is that the tenant's gross monthly income should be at least three times the monthly rent. Request pay stubs, tax returns, or bank statements.

✅ Rental history

Contact previous landlords directly. Ask specifically whether they would rent to this tenant again.

⚠️ Fair housing compliance

Federal and Florida fair housing laws prohibit discrimination based on race, color, national origin, religion, sex, familial status, disability, and in Miami-Dade County, sexual orientation and source of income. Apply the same criteria consistently to every applicant and document your decisions.

Common mistakes South Florida landlords make

🚩 Renting to family or friends without a proper lease

This is one of the most common and costly mistakes. Always use a written lease — regardless of your relationship with the tenant. Verbal agreements are nearly impossible to enforce in Florida courts.

🚩 Entering the property without proper notice

Florida law requires landlords to give at least 12 hours notice before entering a rental property except in genuine emergencies. Violating this right can expose you to legal claims.

🚩 Accepting partial rent during an eviction

If a tenant is behind on rent and you have begun the eviction process, accepting even a partial payment can restart the entire eviction timeline. Consult with an attorney before accepting any payment from a delinquent tenant.

🚩 Not documenting the property condition at move-in

Always conduct a detailed written move-in inspection with the tenant present and take photographs of every room. This documentation is essential if you need to make security deposit deductions at move-out.

🚩 Self-managing without understanding Florida landlord-tenant law

Florida's landlord-tenant statutes are detailed and tenant-friendly. Many landlords who self-manage without understanding the law find themselves in costly legal situations that could have been avoided entirely.

Working with a Realtor for your rental property

Many South Florida landlords do not realize that working with a licensed Realtor for their rental property offers significant advantages beyond simply finding a tenant.

A knowledgeable Realtor can price your rental correctly based on current market conditions — avoiding the costly mistake of under-pricing or sitting empty due to over-pricing. They can screen and qualify tenants professionally, prepare a legally compliant lease, coordinate the move-in process, and serve as a buffer between you and your tenant when issues arise.

The cost of a Realtor's rental commission — typically one month's rent — is almost always recovered through higher-quality tenants, fewer vacancies, and avoiding the costly mistakes that self-managing landlords frequently make.

I specialize in rental properties across Coral Gables, Palmetto Bay, Cutler Bay, Pinecrest, and South Miami — and I would love to help you maximize your rental investment while protecting you from the pitfalls that catch so many landlords off guard.

Reach out anytime at 305-613-3376 or www.homesbysandraalonso.com — I respond to every inquiry personally and always with your best interests in mind.



Sandra Alonso | Brown Harris Stevens | Coral Gables · Palmetto Bay · Cutler Bay · Pinecrest · South Miami