Rental Application and Tenant-Screening Fee Requirements in Florida

Short answer Florida's Residential Landlord and Tenant Act sets no statewide application- or screening-fee cap, cost formula, disclosure, receipt, refund, report-copy, or reusable-report rule for an ordinary applicant. The state expressly preempts local regulation of landlord screening, rental applications, and application fees. A narrow exception gives servicemember applicants a seven-day written approval-or-denial deadline and requires the reason for denial.
State
Florida
Statute checked
July 20, 2026
Sources
3 statutes

At a glance

Governing law and coverageFla. Stat. ch. 83, pt. II; no general application-fee section. §§ 83.425 and 83.683 govern state preemption and servicemember applications
Fees allowed or prohibitedNo general statewide provision allowing, banning, or distinguishing application, processing, credit-check, background-check, or screening charges
Maximum charge and adjustmentNo statewide dollar, actual-cost, customary-cost, household, or indexed ceiling
Permitted costs and charge timingNo general statutory rule on permitted screening costs, unit availability, collection timing, or concurrent fees
Before-screening disclosuresNo general state application-fee or screening disclosure; local screening/application-fee regulation is preempted (§ 83.425)
Receipt, report copy, and refundNo general state receipt, report-copy, unused-fee, rejection-refund, or unconsidered-application-refund duty
Applicant-supplied or reusable reportsNo reusable-report rule; 2025 HB 43/SB 362 proposals died without enactment
Application order and adverse actionOrdinary 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 rulesNo 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.

Fla. Stat. §§ 83.40-.42 · accessed 2026-07-20
Fla. Stat. § 83.425 · accessed 2026-07-20
Fla. Stat. § 83.683 · accessed 2026-07-20
This page is general legal information about Florida residential rental-application and tenant-screening charges, not legal advice about a particular application, report, denial, or property. The result can depend on who owns or manages the property, the housing program, the fee's actual purpose, the unit's availability, when and how the application is considered, what the applicant supplies, and federal law. It does not cover security or holding deposits, the separate fee-in-lieu-of-security-deposit statute, broker commissions, recurring tenancy fees, or whether a landlord's substantive credit, criminal-record, eviction-record, income, or other screening criterion is lawful. Federal consumer-reporting and fair-housing duties may apply in addition to Florida law. Verified against the official statute text on the date shown; confirm current law or consult a licensed Florida attorney before collecting, paying, or disputing a charge.

What does Florida law mean for your facts?

You just read the general rule. Ask your own question and see which parts of current Florida law apply to your situation, with citations you can check.

Opens in Ezel Pro.

  • Starts from the statutes this survey is built on
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace