Table of Contents
- Introduction
- Email Notice Law (HB 615)
- Flood Disclosure Requirements
- Comparison Before vs After Rental Law Change
- Security Deposit Requirements
- Maintenance and Habitability
- Landlord Compliance Checklist
- How Tenants Benefit
- Pending 2026 Rental Law Bills
- FAQs
- Helpful Resources
- Conclusion
Introduction
Florida’s rental law landscape is evolving in 2026 with updates that affect both landlords and tenants. Some changes go into effect as early as October 1, 2025, while others are already implemented or pending. These reforms aim to modernize how rental communications are delivered, enhance transparency around risks such as flooding, and clarify landlord-tenant relationships across the state.
Email Notice Law: Modernizing Communications
One of the most significant recent updates is the enactment of House Bill 615 (2025), now part of Florida Statutes. This law allows landlords and tenants to send certain required rental notices by email, but only if both parties agree in writing and sign a proper addendum to the lease.
Before this update, legally required notices (like eviction notices, lease terminations, and security deposit claims) had to be sent through traditional physical delivery methods. With the email option, notices can be delivered instantly and are considered legally delivered at the time the email is sent, as long as they aren’t returned as undeliverable.
Landlords should:
- Use a standard addendum with clearly stated email addresses
- Allow either party to revoke email delivery consent
- Keep accurate records of sent messages and delivery confirmations
Flood Disclosure Requirements
Florida has enacted a new flood disclosure law that requires landlords to provide a separate written disclosure form to prospective tenants before signing a lease for residential property. This requirement was created under Senate Bill 948 and codified in Florida Statute §83.512.
This new rule reflects Florida’s unique geographic risk, with flooding from hurricanes and storms being among the state’s most impactful hazards. The disclosure must include:
- Whether the landlord has knowledge of prior flood damage during their ownership
- Whether any flood-related insurance claims were filed
- Whether any government assistance was received for flood damage
If a landlord fails to provide this disclosure and the tenant suffers substantial personal property damage due to flooding, the tenant may be able to terminate the rental agreement and receive a refund of prepaid rent for the unused portion of the lease.
📊 Before vs. After: Rental Law Change Comparison
| Topic | Before 2025 | 2025–2026 Update |
|---|---|---|
| Legal Notice Delivery | Paper or hand delivery | Email allowed with written agreement |
| Month-to-Month Notice | 15-day minimum | 30-day written notice |
| Security Deposit Rules | Written only | Written or agreed email |
| Flood Disclosures | Not required | Mandatory disclosure |
| Rent Control | Prohibited statewide | Still prohibited |
Security Deposit Requirements
Florida’s security deposit rules remain largely the same, but clarity is important. Landlords must disclose where the security deposit is held, whether interest will be paid, and how it will be handled if there are claims against it.
Key points for landlords:
- Provide written disclosure about deposits within 30 days of receipt
- Return the full deposit within 15 days if no damage claim is made
- Send a written notice of intent to make a claim against the deposit within 30 days
Tenants then have a defined period (usually 15 days) to object before the deposit can be applied. Failing to follow these timelines may result in forfeiture of the landlord’s claim.
Maintenance and Habitability
Florida statute requires landlords to maintain rental properties in habitable condition, including compliance with building, health, and safety codes. This includes:
- Functioning plumbing and heating systems
- Proper pest control
- Secure doors and windows
- Clean and safe common areas
These maintenance obligations help prevent disputes and protect tenant health and safety.
Landlord Compliance Checklist for 2026
- Include email notice addenda in lease agreements where applicable
- Update flood disclosure documents for all new leases lasting one year or longer
- Track and document all security deposit communications
- Ensure maintenance responsibilities are clearly outlined in leases
- Educate tenants on how key legal notices will be delivered
How Tenants Benefit from These Reforms
Tenants in Florida now gain:
- Faster communication via email notices with consent
- Clear information about flood risk before lease signing
- Defined timelines and transparency for security deposits
- Better habitability conditions due to reinforced maintenance standards
Pending 2026 Rental Law Bills
Several proposed bills aim to expand renter protections, including legislation that would allow tenants experiencing domestic violence to terminate leases without penalty. These bills are still under consideration and may become law in 2026, further strengthening tenant rights and legal clarity.
Frequently Asked Questions
Is rent control legal in Florida?
No. Florida state law prohibits rent control and local rent caps, and no statewide rent control legislation has been passed for 2026.
Can I still get notices by mail?
Yes. Landlords and tenants may still use traditional mail or in-person delivery if email notice is not agreed upon.
What happens if flood disclosure is not provided?
If a landlord fails to provide the required flood disclosure and flooding causes substantial losses, the tenant may have the right to terminate the lease and receive a prorated refund of prepaid rent.
Conclusion
Florida’s rental law updates for 2026 reflect modern realities, from digital communication to environmental risks. Whether you’re a landlord or tenant, understanding these changes helps protect your rights and fulfill your obligations. Stay up to date with changes and consult qualified legal professionals for advice regarding specific situations.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws may change, and you should consult a qualified attorney for guidance on your specific situation.
