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Complaints regarding concealed rental fees have been increasingly surfacing in Florida courtrooms, with undisclosed charges consistently emerging as a common factor in many of these cases.
Florida law already mandates specific disclosures about how deposits and certain fees are handled, but many Jacksonville landlords either are unaware of the full extent of these requirements or have not updated their lease agreements accordingly.
As someone who regularly reviews lease disclosures for property owners across Jacksonville, I am familiar with the typical areas where these gaps tend to occur. Here is a detailed overview of the information that you are legally obligated to disclose to tenants, as well as the appropriate timing for these disclosures.
Key Takeaways
- Florida law requires landlords to disclose how and where a security deposit or advance rent is held, including whether it earns interest.
- Landlords with five or more rental units face a more specific, formatted written notice requirement than smaller landlords.
- If you offer a recurring fee instead of a traditional security deposit, separate disclosure rules apply under Florida law.
- Florida sets no statutory cap on application fees, but the fee still needs to be clearly disclosed and reasonably justified.
- Undisclosed or unclear fees are an increasingly common source of tenant legal complaints across Florida.
What You Must Disclose about Deposits and Fees
Under Florida Statute 83.49, landlords must disclose how a security deposit or advance rent payment is being held. That includes the name and address of the depository, whether the funds are in an interest-bearing account, and if so, the interest rate and how it is calculated.
This disclosure must be provided within 30 days of receiving the funds, or included directly in the rental agreement. If you later change how or where the funds are held, you have to notify the tenant of that change within 30 days as well.
The Five-Unit Threshold Most Owners Miss
A more specific, formatted written notice requirement under this same statute applies only to landlords who rent five or more units. If that describes your portfolio, the notice language has to follow a particular format spelled out in the statute, not just a general mention in the lease.
Smaller landlords are exempt from that specific formatted notice, but the underlying obligations to disclose where funds are held and how interest works still apply regardless of portfolio size.
If You Offer a Fee Instead of a Deposit
Since July 1, 2023, Florida landlords have had the option to offer tenants a recurring, non-refundable fee under Florida Statute 83.491 instead of a traditional lump-sum security deposit. This option comes with its own disclosure and fairness requirements, separate from the standard deposit disclosure rules.
If you offer this alternative, tenants need to clearly understand what they are choosing and how it compares to a traditional deposit, including what happens if damages exceed what the fee would have covered.
Application Fees Need Clarity, Even without a Cap
Florida does not set a statutory cap on application fees, which gives landlords flexibility but not a free pass. The fee still needs to be disclosed clearly before a prospective tenant applies, and it should reflect a reasonable cost rather than functioning as a profit center.
Whether the fee is refundable or non-refundable also needs to be stated plainly, since ambiguity here is exactly the kind of issue that tends to draw a tenant complaint later.
Why This Matters More Than It Used To
Tenant awareness of hidden or unclear fees has grown, and Florida renters increasingly have legal options when a fee was not properly disclosed or does not match what the lease actually says. An undisclosed fee is not just a compliance gap. It is a real legal exposure.
How to Get This Right in Jacksonville
Review your current lease template against these disclosure requirements, particularly if you have not updated it recently. Our accounting and leasing processes already build these disclosures into every lease we prepare, which removes the guesswork for owners.
Frequently Asked Questions
Do I have to disclose interest on a security deposit even if it is small?
Yes. If the deposit is held in an interest-bearing account, Florida law requires disclosing the interest rate and how it is calculated, regardless of how small the amount may be.
Does the five-unit notice requirement apply to me if I only own two rentals?
No. The specific formatted written notice under Florida Statute 83.49 applies only to landlords with five or more units. Smaller landlords still must meet the general disclosure obligations, just not that particular notice format.
Can I charge whatever I want for an application fee in Florida?
There is no statutory cap, but the fee still needs to be clearly disclosed and should reasonably reflect your actual screening costs rather than functioning as extra profit.
What happens if I never disclosed where the deposit is held?
Failing to provide this disclosure can expose you to a tenant dispute and weakens your position if a disagreement over deposit handling ends up in court.
Is offering a fee instead of a deposit a good idea for my property?
It can help with leasing speed for tenants who cannot front a full deposit, but it comes with its own disclosure requirements that need to be handled correctly from the start.
Let Us Handle Your Lease Disclosures
Fee and deposit disclosure requirements are easy to overlook until a tenant challenges them, and by then the cost of fixing the gap is much higher than the cost of getting it right the first time.
At DoorVine Property Management, our leases are built to meet Florida's disclosure requirements from day one, so our owners are never caught off guard. If you want your current lease reviewed, request a free rental analysis, or explore our owner resources to see how we keep Jacksonville owners compliant.
