Rental Application and Tenant-Screening Fee Requirements in Florida
At a glance
| Governing law and coverage | Fla. Stat. ch. 83, pt. II; no general application-fee section. §§ 83.425 and 83.683 govern state preemption and servicemember applications |
|---|---|
| Fees allowed or prohibited | No general statewide provision allowing, banning, or distinguishing application, processing, credit-check, background-check, or screening charges |
| Maximum charge and adjustment | No statewide dollar, actual-cost, customary-cost, household, or indexed ceiling |
| Permitted costs and charge timing | No general statutory rule on permitted screening costs, unit availability, collection timing, or concurrent fees |
| Before-screening disclosures | No general state application-fee or screening disclosure; local screening/application-fee regulation is preempted (§ 83.425) |
| Receipt, report copy, and refund | No general state receipt, report-copy, unused-fee, rejection-refund, or unconsidered-application-refund duty |
| Applicant-supplied or reusable reports | No reusable-report rule; 2025 HB 43/SB 362 proposals died without enactment |
| Application order and adverse action | Ordinary applicants: no state order or notice rule. Servicemembers: written approval or denial with reason within 7 days; timely silence requires leasing if all other terms are met (§ 83.683) |
| Remedies and stronger local rules | No application-fee-specific state damages formula. State preemption supersedes local rules on screening, rental applications, and associated fees (§ 83.425) |
What actually governs an application fee in Florida
Florida's Residential Landlord and Tenant Act, Fla. Stat. ch. 83, part II, contains no general section fixing an application or screening fee's amount, cost base, collection timing, disclosure, receipt, refund, report-copy duty, or reusable-report process. The agreement and ordinary law therefore govern any charge, without a statewide application-fee formula supplied by part II.
The chapter does address who may regulate the process. Section 83.425 expressly preempts to the state local regulation of landlord screening, rental-agreement applications, and fees associated with those applications. A city or county cannot supply the missing statewide cap or process rule in this field.
What trips people up
A fee in lieu of a security deposit is a different charge. Section 83.491 regulates a recurring or scheduled payment offered instead of a security deposit. Its disclosures and credit-report language do not create application- screening fee rules.
Servicemembers have a separate application clock. Under § 83.683, a landlord must process a servicemember's application within seven days and give written approval or denial; a denial must state the reason. Without timely denial, the landlord must lease the unit if all other application and lease terms are met. That rule does not create a general seven-day deadline for every applicant.
The reusable-report proposals did not become law. The 2025 Legislature considered HB 43 and SB 362, but both died. Part II still contains no reusable- report system.
Common questions
What is the maximum Florida application fee? Part II states no statewide dollar or cost-based maximum.
Must the landlord refund the fee after denial? No general Florida statute in part II requires a denial refund, unused-fee refund, or refund for an unconsidered ordinary application.
Must I receive the screening report? Part II states no general report-copy duty. Separate federal consumer-reporting law may apply.
Statutes and sources
- Fla. Stat. §§ 83.40-.42 — scope of the Residential Landlord and Tenant
Act.
This part shall be known as the “Florida Residential Landlord and Tenant Act.” ... This part applies to the rental of a dwelling unit.
Official source: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html (accessed 2026-07-20) - Fla. Stat. § 83.425 — state preemption.
This section supersedes any local government regulations on matters covered under this part, including, but not limited to, the screening process used by a landlord in approving tenancies ... rental agreement applications and fees associated with such applications ... fees charged by the landlord.
Official source: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html (accessed 2026-07-20) - Fla. Stat. § 83.683 — servicemember applications.
the landlord must complete processing of a rental application submitted by a prospective tenant who is a servicemember ... within 7 days after submission and must, within that 7-day period, notify the servicemember in writing of an application approval or denial and, if denied, the reason for denial.
Official source: https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html (accessed 2026-07-20)
Source links
Every statute quoted above, linked, with the date we checked it.
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