Florida’s landlord-tenant laws are in the middle of a multi-year transformation. Between the changes that took effect on July 1, 2025, additional requirements beginning October 1, 2025, and further reforms scheduled for July 2026, both landlords and tenants are operating under a rapidly shifting legal framework. Whether you own rental property, manage a portfolio of commercial leases, or are a tenant trying to understand your rights, the pace of these changes makes it essential to stay current. Here is a breakdown of the key developments and what they mean in practice.
Email Service of Notices: A New Option as of July 2025
One of the more practical changes that took effect on July 1, 2025 allows landlords and tenants to agree, through a written lease provision or addendum, to send and receive legally required notices by email. This is a meaningful modernization. Previously, Florida law required that all statutory notices be served through traditional methods such as hand delivery, posting, or mail. Email service is now a valid supplement to those methods, provided both parties have agreed to it in writing.
There are some important limitations. Email service supplements rather than replaces traditional delivery. If an email bounces or is undeliverable, the party must re-serve using a traditional permitted method. And the agreement to accept email notice must be memorialized in the lease or a separate addendum; a verbal agreement is not sufficient. From a litigation standpoint, this creates both opportunity and risk. Landlords who rely on email notices need to maintain clear records of delivery confirmation. Tenants who agree to email service need to ensure their email addresses are current and monitored.
Flood Disclosure Requirements: October 2025
Beginning October 1, 2025, landlords of residential properties are required to provide prospective tenants with a flood risk disclosure before or at the time a lease is signed, if the lease term is one year or longer. The disclosure must include whether the landlord has knowledge of prior flood damage during their period of ownership, whether any flood-related insurance claims were filed on the property, and whether any government assistance was received for flood damage.
This is particularly significant for properties in South Florida, the Gulf Coast, and other flood-prone areas. Landlords who fail to provide the required disclosure face potential liability, and tenants who discover undisclosed flood history after signing a lease may have grounds to void the agreement or pursue damages. For landlords, the prudent approach is to incorporate the flood disclosure into the standard lease package and to document the disclosure with a signed acknowledgment.
Commercial Lease Tax Elimination: October 2025
Florida has been one of the few states that imposed a sales tax on commercial lease payments. Effective October 1, 2025, the commercial lease tax rate dropped to zero, effectively eliminating this tax. For commercial tenants, this represents a meaningful reduction in occupancy costs. For landlords, lease provisions that reference or pass through this tax will need to be reviewed and potentially amended. Any lease executed before the effective date that includes a commercial rent tax provision should be examined to determine whether the tenant is still being charged for a tax that is no longer owed.
Eviction Notice Period: Changing to Five Days in July 2026
Perhaps the most impactful change still on the horizon is the increase of the eviction notice period for nonpayment of rent from three days to five days, effective July 2026. Under SB 716, a landlord must provide a tenant with at least five business days (excluding weekends and legal holidays) to pay overdue rent before filing an eviction action. During that five-day period, landlords are also prohibited from imposing any late fee or surcharge. Any lease provision that imposes fees during the notice period will be deemed void under the new law.
This change has implications for both sides. Landlords will need to adjust their eviction timelines and update their lease templates to comply with the new notice period. Tenants gain a slightly longer window to cure a default before facing an eviction filing. From a litigation perspective, strict compliance with the notice requirements remains critical. An eviction filed before the five-day period has expired will be subject to dismissal, and the landlord will need to start the process over, adding time and cost.
Affordable Housing Rent Protections: July 2025
For landlords who receive federal, state, or local funding or tax incentives in connection with affordable housing units, a new restriction took effect July 1, 2025: rent increases during the term of the lease are now prohibited for these designated units. While this provision affects a specific subset of the rental market, it signals the Legislature’s increasing willingness to impose limitations on rental pricing in the affordable housing context.
Staying Ahead of the Changes
The cumulative effect of these changes is significant for anyone involved in the Florida rental market. Landlords need to update their lease forms, notice procedures, and disclosure practices. Tenants need to understand their expanded rights and the new protections available to them. And both sides need to recognize that the procedural missteps that might have been overlooked under the old framework are more likely to be scrutinized and enforced under the new one.
At Your Legal Advocate, we represent both landlords and tenants in disputes across the full spectrum of residential and commercial leasing issues. Whether you need help updating your lease templates, navigating a complex eviction, or enforcing your rights under the new disclosure requirements, we bring the legal precision and practical experience these matters demand.