Florida vs New York Landlord-Tenant Laws
Comprehensive comparison of rental regulations in two of America's most popular relocation destinations. Understand the stark differences before investing or renting.
Quick Comparison Overview
Florida and New York represent opposing philosophies in landlord-tenant regulation. Florida maintains a business-friendly approach with minimal restrictions on landlords, while New York—particularly NYC—has some of the strongest tenant protections in the United States, including rent stabilization and extensive habitability requirements.
Complete Law Comparison Table
| Category | Florida | New York |
|---|---|---|
| Security Deposit Limit | No statutory limit Landlord discretion |
No statewide limit; 1 month for rent-stabilized HSTPA 2019 |
| Deposit Return Deadline | 15 days (no claim) / 30 days (with claim) Fla. Stat. § 83.49 |
14 days NY GOL § 7-108 |
| Rent Control | None - Prohibited by state law Fla. Stat. § 125.0103 |
Yes - NYC rent stabilization Emergency Tenant Protection Act |
| Good Cause Eviction | Not required At-will termination allowed |
Municipal ordinances only NYC, Albany, and other cities |
| Rent Increase Notice | No statutory requirement Lease terms govern |
30 days (1-year lease), 60 days (2+ years) For 5%+ increases |
| Late Fee Limit | No statutory limit Must be in lease |
$50 or 5% (whichever less) for rent-stabilized NYC Admin Code |
| Nonpayment Notice | 3 days' written notice Fla. Stat. § 83.56 |
14 days' written notice RPAPL § 711 |
| Eviction Timeline | 2-4 weeks typical Fast court process |
3-6 months typical Can exceed 1 year in NYC |
| Entry Notice Required | 12 hours reasonable notice Fla. Stat. § 83.53 |
Reasonable notice required No specific hours |
| Lease Termination Notice | 15 days (month-to-month) Fla. Stat. § 83.57 |
30-90 days depending on tenancy length RPL § 232-a/b |
| Required Disclosures | Lead paint, radon, authorized agents Fla. Stat. § 83.50 |
Extensive (15+) Including bed bugs, sprinkler, stove knobs |
| Warranty of Habitability | Implied warranty Fla. Stat. § 83.51 |
Strong implied warranty Multiple Dwelling Law |
| Rent Withholding | Allowed with proper notice 7 days notice required |
Allowed (HPD violations) Housing court process |
| Tenant Screening Fees | No statutory limit Landlord discretion |
$20 maximum NY GOL § 7-108 |
| Lease Renewal Rights | No automatic rights Lease terms govern |
Automatic renewal for rent-stabilized RSL § 26-511 |
Security Deposits: A Deep Dive
Deposit Limits
- No statutory limit
- Landlords can require any amount
- Market typically: 1-2 months' rent
Return Requirements
- 15 days if no deductions claimed
- 30 days if deductions claimed
- Written notice of intent to claim required within 30 days
- Interest: Not required but if held in interest-bearing account, 75% to tenant annually
Source: Fla. Stat. § 83.49
Deposit Limits
- Rent-stabilized: 1 month maximum
- Market rate: No statutory limit
- HSTPA 2019 removed all advance payment limits except first month + deposit
Return Requirements
- 14 days after move-out
- Itemized statement required
- Must be held in separate trust account (NY properties)
- Interest: 1% per year to tenant (after first year)
Source: NY GOL § 7-108
Rent Regulation Comparison
The most significant regulatory difference between Florida and New York involves rent control and stabilization. New York has extensive rent regulation, while Florida prohibits it entirely.
Florida: No Rent Control
- State law prohibits local rent control (Fla. Stat. § 125.0103)
- Only exception: "housing emergency" declared by governor
- Landlords can increase rent by any amount at lease renewal
- No notice requirement for rent increases (unless in lease)
- No tenant right to renewal
New York: Extensive Regulation
- Rent Control: Pre-1947 NYC buildings (rare, ~1% of units)
- Rent Stabilization: 6+ unit buildings built 1947-1974
- Rent Guidelines Board sets annual increase limits
- 2024 increases: 2.75% (1-year), 5.25% (2-year)
- Automatic lease renewal rights for stabilized tenants
- Municipal Good Cause Eviction laws in NYC and other cities
Eviction Process Comparison
Eviction timelines differ dramatically between Florida and New York, with Florida offering one of the fastest processes in the nation and New York among the slowest.
Florida Eviction Timeline
- Serve 3-day notice to pay or vacate
- Wait 3 days (excluding weekends/holidays)
- File eviction complaint
- Tenant has 5 days to respond
- Court hearing (often within 7-14 days)
- Writ of possession issued
- Sheriff lockout (24-48 hours)
Typical Timeline: 2-4 weeks
Florida's summary eviction process is efficient.
New York Eviction Timeline
- Serve 14-day rent demand
- Wait 14 days
- File petition in Housing Court
- Court date set (30-60 days out)
- Multiple court appearances common
- Warrant of eviction issued
- Marshal execution (additional weeks)
Typical Timeline: 3-6 months (can exceed 1 year)
NYC Housing Court is severely backlogged.
Good Cause Eviction (New York Municipal Laws)
Several New York municipalities have enacted Good Cause Eviction ordinances. These are local laws, not a statewide mandate. Check local regulations for your specific municipality.
Municipal Good Cause Eviction (Where Enacted)
In jurisdictions with Good Cause Eviction laws, landlords may need "good cause" to evict or not renew a lease after a specified period of occupancy:
- Nonpayment: Generally valid cause for eviction
- Lease violations: Valid cause after notice and opportunity to cure
- Owner move-in: May be valid cause depending on local rules
- Substantial renovations: May be valid cause with proper notice and permits
Common Exemptions (Varies by Municipality):
- Owner-occupied buildings below certain unit thresholds
- New construction within specified time periods
- Higher-rent units exceeding local thresholds
- Housing cooperatives and condos
Note: Specific rules vary significantly by municipality. Consult local housing authorities for current requirements in your area.
Florida has no equivalent law—landlords can decline to renew leases for any reason with proper notice.
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LeaseCraft provides high-quality document templates and legal information for educational purposes. We are not a law firm and do not provide legal advice. For unusual or complex situations, we recommend consulting a licensed attorney in your jurisdiction.