Landlord–Tenant Laws: New York Protections vs. Florida Flexibility
Security deposits, notice periods, rent rules—how investors and renters should plan when switching states
Moving between New York and Florida isn’t just a climate change—it’s a legal one. From security-deposit limits to notice periods and rent-control policy, the rulebook you operate under as a landlord or renter shifts in important ways. Here’s a practical, side-by-side guide.
Security deposits: caps, timelines, and claims
New York (most residential units, including market-rate):
Deposit cap: Maximum one month’s rent. New York State Senate+2New York State Bar Association - NYSBA+2
Return deadline: Landlord must return the deposit within 14 days after move-out and provide an itemized statement for any deductions; failure forfeits the right to keep any portion. New York State Senate+1
Florida (residential tenancies):
No statewide dollar cap on the deposit.
Return deadline: If no claim, landlord must return the deposit within 15 days of vacancy. If making a claim, landlord must mail a written notice of intention to impose a claim within 30 days or forfeit the claim. Florida Construction Law Group+3Online Sunshine+3The Florida Senate+3
Investor takeaway: New York is stricter on amount and return timing; Florida focuses on notice procedure and deadlines when claiming against the deposit.
Notice periods: non-renewals and rent changes vs. ending a tenancy
New York (non-regulated rentals):
If a landlord plans to raise rent by more than 5% or not renew, written notice is required based on tenant tenure/lease length:
30 days (< 1 year), 60 days (1–2 years), 90 days (> 2 years). New York State Unified Court System+3New York State Senate+3New York City Government+3
Florida (no-term/periodic tenancies):
To terminate a periodic tenancy, statute sets minimum notice:
Year-to-year: 60 days, Quarter-to-quarter: 30 days, Month-to-month: 30 days, Week-to-week: 7 days (both landlord or tenant). Online Sunshine
Investor takeaway: New York prescribes notice for rent hikes >5% and non-renewals; Florida’s framework centers on ending a periodic tenancy (and since 2023, month-to-month notice is 30 days statewide). Florida Realtors
Rent rules & control: stabilization vs. preemption
New York:
A large share of NYC and some suburban stock falls under rent stabilization or control, and the Housing Stability and Tenant Protection Act (HSTPA) tightened many practices (e.g., deposit cap/return). Market-rate units still face the 30/60/90-day notice rule above. New York State Bar Association - NYSBA
Florida:
The state preempts local rent control, effectively banning new local rent caps (with narrow, temporary emergency exceptions that are difficult to meet and time-limited). Attempts to enact local controls have been struck down. The Florida Senate+2Online Sunshine+2
Investor takeaway: Expect far more regulation and potential stabilization issues in NY; Florida policy prioritizes market-rate flexibility statewide.
Practical planning for movers (owners & renters)
For New York owners moving operations to Florida
Re-work leases to reflect Florida Statute 83 (definitions, notices, access, maintenance).
Build a move-out workflow: 15-/30-day deposit deadlines, certified-mail claim notices, and documented inspections. Online Sunshine
If using month-to-month, calendar the 30-day termination rule and align rent-cycle cutoffs. Online Sunshine
Remember Florida’s rent-control preemption when setting pricing strategy. The Florida Senate
For Florida owners buying in New York
Model the impact of the one-month deposit cap and 14-day return—tight cashflow requires efficient turnover and documentation. New York State Senate
Build calendars for 30/60/90-day notices on rent increases >5% or non-renewals. New York State Senate
If purchasing in NYC, assess regulatory status (stabilized vs. market-rate) before underwriting.
For renters moving from NY to FL
Expect larger deposits to be requested (no cap), but know your refund/claim timelines. Online Sunshine
On month-to-month, you (or your landlord) can end the tenancy with 30 days’ notice. Build flexibility into your move plan. Online Sunshine
Bottom line
New York emphasizes tenant protections and procedural notice, with strict security-deposit rules and regulated rent environments.
Florida emphasizes contract flexibility, clear deposit claim timelines, and statewide preemption of rent control—but it now requires 30 days to end month-to-month tenancies.
Switching states? I’ll connect you with local counsel, tune your leases to the right statutes, and help you model true cash flow and timelines for your move.
Fernanda Stucken — Tampa Bay Realtor
📧 contact@fernandastucken.com | 📞 (347) 216-6620
This article is educational, not legal advice. Always consult a landlord-tenant attorney about your specific situation.
