Florida Landlord Laws: What Every Rental Property Owner Must Know

Florida has enacted several significant new laws affecting residential landlords over the past two years. If you own rental property in the state, at least one of these laws likely applies to you.

1. HB 621 — Squatter Removal for Residential Property

House Bill 621 created Florida Statute § 82.036, establishing a new alternative remedy that allows residential property owners to remove unauthorized occupants — squatters — through the county sheriff, without filing a formal eviction lawsuit.

Important: This remedy applies only when the occupants are not tenants. It does not replace or affect the standard eviction process under Chapter 83 for anyone who has or had a rental agreement.

How it works

A property owner or authorized agent may submit a verified "Complaint to Remove Persons Unlawfully Occupying Residential Real Property" to the county sheriff — but only if all of the following conditions are met:

• The occupants unlawfully entered and remain on the property
• The property was not open to the public when they entered
• The owner directed them to leave
• The occupants are not current or former tenants under a valid rental agreement
• The occupants are not immediate family members of the owner
• There is no pending litigation between the parties

The complaint must include specific declarations initialed under penalty of perjury, along with government-issued ID.

Risk of wrongful removal

If a person is wrongfully removed, they may recover actual costs and damages, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees.

2. SB 322 — Squatter Removal Extended to Commercial Property + New Felony Penalties

Senate Bill 322 created Florida Statute § 82.037, extending the unauthorized occupant removal procedure established by HB 621 to commercial real property. It also introduced new criminal penalties that apply to both residential and commercial property.

Commercial removal process

Property owners or agents may submit a verified "Complaint to Remove Persons Unlawfully Occupying Commercial Real Property" to the sheriff under equivalent conditions as the residential process, with declarations required under penalty of perjury. The wrongful removal remedy mirrors the residential version: the harmed party may be restored to possession and may recover actual costs and damages, plus statutory damages equal to triple the fair market rent.

New felony penalties

SB 322 also created two new criminal provisions:

• Criminal mischief (§ 806.13(4)): A person who unlawfully detains or occupies or trespasses upon a residential dwelling or commercial real property and intentionally damages it causing $1,000 or more in damages commits a felony of the second degree.
• Fraudulent sale or lease (§ 817.0311): A person who lists or advertises property for sale knowing they have no legal title or authority to sell, or rents property knowing they have no lawful ownership or leasehold interest, commits a felony of the first degree.

3. HB 615 — Electronic Delivery of Landlord-Tenant Notices

House Bill 615 created Florida Statute § 83.505, allowing landlords and tenants to deliver notices electronically via email — a new option alongside existing methods such as personal delivery and mail. This affects notices under § 83.49 (security deposits) and § 83.56 (termination and noncompliance notices).

Key requirements

• Both parties must sign an addendum to the rental agreement specifically agreeing to electronic delivery and providing valid email addresses
• The addendum must conspicuously advise both parties that the election is voluntary and that they may revoke it or update their email address at any time
• A notice sent electronically is deemed delivered at the time it is sent, unless the email is returned as undeliverable
• The sender must maintain a copy of any notice sent electronically and evidence of transmission
• Either party may revoke consent at any time by providing written notice — revocation takes effect upon delivery and does not affect any notice previously sent by email

4. SB 948 — Mandatory Flood Disclosures

Senate Bill 948 created Florida Statute § 83.512, requiring landlords of residential rental property to provide flood risk disclosures to prospective tenants before executing a rental agreement of one year or longer.

What must be disclosed

The required disclosure is a separate document that must be provided at or before the time the rental agreement is executed. It must address:

• Flood insurance coverage gaps
• Whether the landlord has knowledge of past flooding damage to the property
• Whether any insurance claims have been filed for flood damage
• Whether federal flood assistance has been received for the property
• The definition of "flooding" as used in the disclosure

Consequence of failing to disclose

If a landlord fails to disclose flood information truthfully and a tenant suffers substantial loss or damage — defined as repairs or replacement costs to the tenant's personal property equal to 50% or more of that personal property's market value on the date the flooding occurred — the tenant may terminate the rental agreement by providing written notice and surrendering possession no later than 30 days after the date of the damage or loss.

If the tenant terminates under this provision, the landlord must refund all rent or other amounts paid in advance for any period after the effective date of the termination. The tenant remains liable for rent owed before termination.

Key Takeaways

• ✅ HB 621 established a sheriff-complaint process for removing unauthorized occupants who are not tenants of the property
• ✅ The standard eviction process under Chapter 83 still applies to anyone who is or was a tenant under a rental agreement
• ✅ SB 322 extended the unauthorized occupant removal process to commercial property and added felony penalties for squatting-related property damage and fraudulent listings
• ✅ HB 615 allows electronic delivery of landlord-tenant notices if both parties voluntarily sign an addendum to the rental agreement
• ✅ SB 948 requires a separate written flood disclosure for all new residential leases of one year or longer, before the agreement is signed

Everything in this article is sourced directly from official Florida legislature sources: flsenate.gov and leg.state.fl.us. Consult a licensed Florida attorney for advice specific to your situation.