Can a Florida Landlord Offer a Fee Instead of a Security Deposit?

Offering the option is up to the landlord. A landlord who offers it may not use a prospective tenant's choice to pay the fee as a factor in approving or denying an application, and must offer it to all new tenants renting on the same premises unless the landlord ends the option for all new rental agreements going forward.

Written disclosures are required. The landlord must tell the tenant in writing, among other things, that the tenant may pay a security deposit instead at any time, that the deposit may be paid in agreed monthly installments, whether the fee is nonrefundable, and that if any of the fee buys insurance for the landlord, the tenant is not insured by it.

The fee agreement must be in writing and signed by the landlord or the landlord's agent and the tenant. It must state the fee amount, which may not be increased during the rental agreement term, how and when the fee is collected, and the process for paying the deposit if the tenant defaults on the fee, and it must include a required capitalized disclosure.

The landlord must notify the tenant within 30 days after the tenancy ends if any amounts are due and may not submit an insurance claim for them until at least 15 days after that notice. The rules apply to rental agreements entered into or renewed on or after July 1, 2023. Deposit return rules are covered in Florida security deposit return deadlines.