Florida Rentals: Should You Allow a Tenant to Have a Fish Tank?
If your Florida tenant asks to set up a fish tank in your rental property, should you allow it—and what are the legal implications?
Florida law does not specifically regulate fish tanks in rental homes. Whether you allow them depends on your lease terms and your willingness to accept the potential risks. While fish tanks aren’t protected like service animals or emotional support animals, they can still lead to property damage and liability issues if not managed properly.
Florida Law on Fish Tanks in Rentals
Under the Florida Residential Landlord and Tenant Act (Florida Statute Chapter 83), landlords may set reasonable rules about pets and animals in a rental property. Since fish tanks are not service animals or emotional support animals, you can legally:
Prohibit them entirely.
Limit the size or number of tanks.
Require specific safety measures (e.g., waterproof stands, insurance).
Charge a pet deposit or fee if your lease allows for non-protected animals.
Pros of Allowing Fish Tanks
1. Tenant Satisfaction
Fish tanks can be a relaxing hobby, and allowing one may make tenants happier and more likely to renew their lease.
2. Low Noise & Odor
Unlike many pets, fish are quiet and odor-free when tanks are maintained properly.
3. Potential for Higher Rent
If your property is pet-friendly, you can often justify slightly higher rent or pet-related fees for allowing aquariums.
Cons of Allowing Fish Tanks
1. Water Damage Risk
Leaks, spills, or tank breaks can cause costly flooring, drywall, and electrical damage—especially in multi-story units.
2. Increased Liability
A large tank breaking could lead to flooding and damage to neighboring units in condos or multi-family properties, which could result in insurance claims.
3. Electrical Hazards
Aquarium equipment uses electricity and water in close proximity, creating potential fire or shock hazards if improperly set up.
Best Practices if You Allow Fish Tanks
Set a Size Limit – Many landlords in Florida cap tanks at 20–30 gallons to reduce potential damage.
Require Proper Stand & Placement – Prohibit tanks on furniture not designed to hold their weight.
Add Lease Language – Clearly outline responsibility for any water or property damage caused by the tank.
Check Insurance – Confirm your policy covers potential water damage from aquariums, and consider requiring tenants to carry renters insurance.
When You Might Say “No”
You may choose to prohibit fish tanks if:
The property has wood floors or carpet that would be expensive to replace.
It’s in a multi-story or multi-family building where leaks could damage other units.
The tenant cannot show they’ve owned and maintained a fish tank before.
Final Takeaway
In Florida, allowing fish tanks is entirely up to you as the landlord. They can be a harmless perk for tenants—or a source of costly water damage. The key is to decide your policy upfront, include it clearly in the lease, and, if you allow them, set strict guidelines to protect your property.
Property management is hard enough—partner with someone who stays on top of Florida law changes and works to maintain your investment. Complete our Contact Us form or call us at 904-855-7933 to learn more about how CrossView Property Management in Jacksonville, FL, can work for you.
