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Legal Compliance in Palm Beach County Property Management: 12 Laws Every Landlord Should Know in 2026

Legal Compliance in Palm Beach County Property Management: 12 Laws Every Landlord Should Know in 2026

Owner Guide · Legal Compliance · Palm Beach County, FL

Quick Answer

Renting a home in Palm Beach County means following three layers of law at once: the federal Fair Housing Act and lead paint rules, Florida's landlord-tenant statutes in Chapter 83 and its fair housing law in Chapter 760, and the county's own fair housing ordinance. The deadlines that trip up owners most are deposits (15 days to return, or 30 days to send a claim), 24 hours' notice before repair entry, the 3-day notice for unpaid rent, and 30 days' notice to end a month-to-month tenancy. This is general information, not legal advice.

By Jean Taveras, Broker-Owner, Atlis Property Management · Updated October 2026

12 Laws covered in this guide3 Layers: federal, state, county15 / 30 Deposit return or claim days24 hrs Notice before repair entry30 days Month-to-month notice
JT
Jean Taveras — Broker-Owner, Atlis Property Management
FL Broker License CQ1071712 · 3801 PGA Blvd., Ste. 600, Palm Beach Gardens, FL 33410

Most compliance problems do not start with a landlord who is trying to cut corners. They start with an old lease form or a notice counted the wrong way. Florida law favors landlords who follow its steps in order.

This guide organizes the rules that matter most for a Palm Beach County rental by the order you will meet them: who the law protects, what you must disclose, how deposits must be held and returned, what you can and cannot do during the tenancy, and how a tenancy ends. It is general information, not legal advice. For anything headed to court, talk with a Florida attorney. For how we run these steps on a managed home, see our residential property management page.

1. The Three Layers of Rental Law in Palm Beach County

Federal law sets the floor. The Fair Housing Act bars discrimination in renting, and the federal Lead-Based Paint Disclosure Rule governs most homes built before 1978. Florida law adds the Residential Landlord and Tenant Act in Chapter 83, which covers leases, deposits, maintenance, access, notices, and evictions, and the Florida Fair Housing Act in Chapter 760. Palm Beach County adds a fair housing ordinance that protects more groups than federal or state law.

Two Florida statutes limit what cities can add on top. Section 83.425 preempts to the state the regulation of residential tenancies, expressly including screening, deposits, application fees, lease terms, disclosures, and notice requirements. Section 125.0103 bars local governments from imposing controls on rents. Cities still enforce building, housing, and health codes, so check with the city before you list.

One more layer applies to anyone managing for someone else. Under Florida Statute §475.01, a person who rents or leases real property for another in exchange for compensation falls within the definition of a broker.

LawWhat it coversThe rule owners miss
Fair Housing Act (federal)Seven protected classesApplies to advertising, not just approvals
§760.23, Florida Fair Housing ActState version of the same classesTerms and services must be equal, too
PBC Code Art. III, §15-36County fair housing ordinanceAdds four classes beyond federal law
Lead-Based Paint Disclosure RuleMost homes built before 1978Disclosure comes before the lease is signed
§404.056(5)Radon gas statementRequired language on a signed document
§83.50Landlord or agent name and addressDue at or before the tenancy begins
§83.49Security deposits and advance rent15-day return or 30-day claim notice
§83.51Landlord maintenance dutiesSmoke detectors at move-in for houses
§83.53Landlord access24 hours' notice for repairs
§83.56(3)Notice for unpaid rent3 days excluding weekends and holidays
§83.57(3)Ending a month-to-month tenancy30 days, not the old 15
§83.67Prohibited practicesNo lockouts or utility shutoffs, ever

2. Fair Housing: Federal, Florida, and County Protected Classes

The federal Fair Housing Act prohibits housing discrimination because of race, color, national origin, religion, sex, familial status, and disability. Florida Statute §760.23 prohibits the same conduct on the same seven grounds, including refusing to rent, setting different terms, or providing different services.

Palm Beach County goes further. According to the county Office of Equal Opportunity, the county code also prohibits discrimination because of sexual orientation, age, marital status, and gender identity or expression. The county states that HUD has found its ordinance substantially equivalent to federal law, so HUD refers many local complaints to the county for investigation.

Where fair housing problems actually start

  • Advertising. Listing language that signals a preference, such as "perfect for a young couple" or "no kids," can be a violation even before anyone applies.
  • Inconsistent screening. Different income rules or questions for different applicants create risk. Use written criteria and apply them the same way to everyone. Our tenant screening process is built that way.
  • Disability requests. The county notes that a landlord must consider reasonable accommodations in rules and policies, such as allowing a guide dog in a home with a no-pets policy.

Screening reports add federal credit reporting rules. The Federal Trade Commission treats tenant background and credit reports as consumer reports, and denying an applicant based on one triggers adverse action notice duties. Our guide to fair housing in Palm Beach County goes deeper on each class.

3. Required Disclosures Before and at Lease Signing

Several disclosures are due at or before signing, and a missing one is hard to fix later.

  • Lead-based paint. For most housing built before 1978, the EPA requires landlords and property managers to disclose known lead-based paint and hazards, provide the EPA pamphlet, and include a Lead Warning Statement before the lease is signed. Signed disclosures must be kept for three years. Leases of 100 days or less and housing built after 1977 are among the exemptions.
  • Radon gas. Florida Statute §404.056(5) requires a specific radon notice on at least one document signed at or before the rental agreement.
  • Landlord or agent contact. Section 83.50 requires written disclosure of the name and address of the landlord or the person authorized to receive notices, at or before the start of the tenancy.
  • Deposit holding notice. Under §83.49(2), landlords covered by that subsection must state in the lease, or within 30 days of receiving the money, how the deposit or advance rent is held. The subsection exempts landlords who rent fewer than five units, but including the notice is still good practice.
  • Email notice addendum. Since 2025, §83.505 lets landlords and tenants deliver notices by email only if both sign an addendum in the statutory form. Our article on the 2026 notice rules explains the change.

In association communities, attach the community rules, and complete the association's application before move-in. See why a compliant Florida lease matters.

4. Security Deposits Under §83.49

Florida Statute §83.49 gives three ways to hold a deposit or advance rent: a separate non-interest-bearing account in a Florida financial institution, a separate interest-bearing account with interest paid to the tenant, or a surety bond. The money may not be commingled with the owner's funds.

At move-out, the clock is strict. With no claim, the deposit goes back within 15 days. With a claim, the landlord must send written notice within 30 days by certified mail to the tenant's last known mailing address, or by email under a §83.505 addendum, using the statutory language. The tenant then has 15 days to object. Miss the 30-day notice, and the landlord forfeits the right to claim against the deposit.

Changing managers has its own rule. Under §83.49(7), when the property is sold or the rental agent changes, deposits and advance rent must transfer to the new owner or agent with an accounting for each tenant. Read our guide to handling deposit returns and deductions for the step-by-step version.

5. Maintenance, Entry, and Prohibited Practices

Section 83.51 requires the landlord to comply with applicable building, housing, and health codes. For a single-family home or duplex, the landlord must install working smoke detection devices at the start of the tenancy unless otherwise agreed in writing, and some maintenance duties for those homes can be shifted to the tenant in writing.

Access is governed by §83.53. For repairs, reasonable notice means at least 24 hours, and a reasonable time means between 7:30 a.m. and 8:00 p.m. A landlord may enter at any time to protect or preserve the premises and in an emergency, and may not use access to harass a tenant. Our article on tenant privacy and entry laws covers the details.

Self-help is never allowed. Section 83.67 prohibits cutting off utilities, changing locks or using a bootlock, removing doors or windows except for repair, and removing a tenant's belongings outside the circumstances the statute lists, such as a lawful eviction. A landlord who violates it owes the greater of actual and consequential damages or three months' rent, plus costs and attorney's fees.

6. Notices, Rent Increases, and Ending a Tenancy

For unpaid rent, §83.56(3) requires a written 3-day demand, and the 3 days exclude Saturdays, Sundays, and court-observed legal holidays. The notice follows statutory wording and may be delivered by mail, by hand, by email under a §83.505 addendum, or by leaving a copy at the residence if the tenant is absent. Our post on why the nonpayment notice is still 3 days clears up a common rumor.

Ending a month-to-month tenancy now takes not less than 30 days' written notice before the end of a monthly period under §83.57(3). Many older leases still cite 15 days.

Section 83.64 makes it unlawful to raise rent, reduce services, or threaten an eviction primarily to retaliate against a tenant who, for example, complained to a code enforcement agency in good faith. Good-cause actions, such as nonpayment of rent, are not retaliation. If a case does reach court, our guide to the Florida eviction process covers each step.

7. HOA and Condo Rules That Affect Rentals

Under §720.306(1)(h), a homeowners' association may amend its documents to prohibit leases shorter than 6 months or limit rentals to three times per calendar year, and those amendments bind all owners. Other new rental restrictions adopted after July 1, 2021, generally apply only to owners who buy later or who consent.

For condominiums, §718.112(2)(k) caps a required approval fee at $150 per applicant, adjusted for inflation every five years, bars a fee on a renewal with the same tenant, and limits any association-held security deposit to one month's rent. Verify the rules before you list; our guide to HOA rental restrictions has a checklist.

Common Mistakes Owners Make with Rental Compliance

  1. Using an old lease. Leases that still say 15 days for month-to-month notice, or 12 hours for entry, are out of date.
  2. Counting the 3-day notice on the calendar. Weekends and court-observed holidays do not count.
  3. Missing the deposit deadline. A claim sent on day 31 is a forfeited claim.
  4. Skipping disclosures. Pre-1978 homes need the lead paint package before signing, and every lease needs the radon statement.
  5. Loose listing language. Phrases about who the home is "ideal" for can signal a preference under fair housing law.
  6. Self-help. Changing locks or shutting off utilities exposes the owner to at least three months' rent in damages.
  7. Ignoring the association. Leasing before approval, or signing a lease shorter than the community allows, can cost the tenancy.

How Atlis Handles Compliance

Atlis is broker-owner led from our office on PGA Boulevard in Palm Beach Gardens, and we manage single-family homes, townhomes, condos, and small multifamily across Palm Beach County, including our West Palm Beach property management clients. Compliance is part of the routine, from written screening criteria to calendared deposit deadlines. Our results include a 21-day average lease-up, a 74% renewal rate, and 98%+ of rent collected monthly.

From Our Files

Every takeover starts with three property walks: a forensic walk, a systems walk, and an owner walk. The forensic walk is where compliance gaps tend to show up, because it compares the lease file, the deposit records, and the home itself against what the owner was told. Finding a gap in week one is far cheaper than finding it in a dispute.

Fees are simple: 5 to 9 percent of collected rent with a $200 monthly minimum, full service only, no markup on maintenance, and no management fees on vacant units. See our pricing page and our eight written guarantees.

Frequently Asked Questions

Does Palm Beach County have its own fair housing law?

Yes. Palm Beach County Code, Article III, Section 15-36 and following, prohibits housing discrimination on the same grounds as the federal Fair Housing Act: race, color, national origin, religion, sex, familial status, and disability. The county ordinance adds sexual orientation, age, marital status, and gender identity or expression. The county Office of Equal Opportunity investigates complaints, and HUD refers many local complaints to it. Landlords should build written screening criteria that treat every applicant the same way under all of these categories.

What disclosures does a Florida landlord have to give a tenant?

Common required disclosures include the name and address of the landlord or the agent authorized to receive notices under §83.50, the radon gas statement required by §404.056(5) on at least one document signed at or before the lease, and the federal lead-based paint disclosure, warning statement, and EPA pamphlet for most homes built before 1978. Landlords covered by §83.49(2) must also give written notice of how the security deposit is held. Association communities add their own rules and approval forms.

How long does a Florida landlord have to return a security deposit?

Under Florida Statute §83.49(3), if the landlord does not intend to make a claim, the deposit must be returned within 15 days after the lease ends. If the landlord intends to make a claim, written notice must go out within 30 days by certified mail to the tenant's last known mailing address, or by email under a signed §83.505 addendum. A landlord who misses the 30-day notice forfeits the right to claim against the deposit, though a separate lawsuit for damages remains possible.

How much notice does a landlord need to enter a rental in Florida?

For repairs, Florida Statute §83.53 defines reasonable notice as at least 24 hours before entry, at a reasonable time between 7:30 a.m. and 8:00 p.m. A landlord may enter at any time to protect or preserve the premises, in an emergency, with the tenant's consent, or when the tenant unreasonably withholds consent. Some older articles still cite 12 hours, which is outdated. The statute also says the landlord may not abuse the right of access or use it to harass a tenant.

Can Palm Beach County or its cities pass rent control or their own landlord rules?

Generally no. Florida Statute §125.0103 bars local governments from adopting measures that impose controls on rents, and §83.425 preempts to the state the regulation of residential tenancies, including screening, security deposits, application fees, lease terms, disclosures, and notice requirements. Cities can still enforce building, housing, and health codes, and the county fair housing ordinance still applies. Ask your city what applies to your specific property before you list.

How does Atlis keep owners compliant?

Atlis is broker-owner led, and compliance is built into the routine rather than left to memory. Applications are screened against written criteria, required disclosures go into every lease package, deposit deadlines are calendared from the move-out date, entry is scheduled in writing, and notices follow the statute. Fees are 5 to 9 percent of collected rent with a $200 monthly minimum, and every account carries eight written guarantees. For court matters, we coordinate with the owner's attorney.

Want a second look at your lease, disclosures, or deposit records before the next tenant moves in? We will walk through it with you.

About the Author

Jean Taveras is the Broker-Owner of Atlis Property Management (FL Brokerage CQ1071712), a boutique, broker-led residential management firm headquartered on PGA Boulevard in Palm Beach Gardens. Atlis manages single-family homes, townhomes, condos, and small multifamily across Palm Beach County and backs every account with eight written guarantees. Questions about a specific property: 561.473.3664 or info@atlispm.com.