Despite having a desire to maintain good relations and have the best of intentions, disputes between Florida landlords and tenants are sometimes unavoidable.
Luckily, with a proper understanding of the Florida law, such disputes can be greatly minimized. If a landlord fails to know the Florida law, they can get into trouble.
Not only does the dwelling unit or premises have to be up to all health codes, but landlord responsibilities extend much further than just housing and health codes. For example, they must provide such written notice to the tenant, or else that eviction is illegal, no matter if it's a multi-family or single-family home.
If you are an owner or tenant in Florida, here is an overview of the rental laws you should be familiar with and can use to avoid common tenant disputes over things like the lease agreement of the applicable building.
Overview of Florida Landlord Tenant Laws
Required Landlord Disclosures
Florida Resident Laws require a landlord to make certain disclosures to tenants prior to signing the rental agreement. This is as per Chapter 83 of the Florida Statutes. Some of the disclosures include the following from whomever is in possession of the dwelling:
- Landlord Identity. According to Fla. Stat. Ann. § 83.50, the renter reserves the right to know the name and housing address of the landlord, or the person acting on behalf of the Florida residential landlord, given with reasonable written notice.
- Radon. Levels of radon in housing surpassing federal and state guidelines have been detected in certain buildings in Florida. Exposure to radon causes lung cancer. As such, landlords are required to include a warning on all rental agreements. As per Fla. Stat. Ann. § 404.056, all rental agreements must include this warning: “RADON GAS.”
- Fire Protection. For buildings over three stories high, landlords must tell new tenants about the availability of fire protection.
Florida Security Deposit Laws: Limits and Returns
When it comes to a security deposit under the Florida law, tenants in Florida have certain basic rights and responsibilities for their housing. The renter's duties and rights regarding deposits are contained under Florida’s laws. Both the property owner and tenant should know these laws.
Here are basic questions regarding Florida tenants’ security deposits and where you should store deposit money. If you fail to do this, you are liable under Florida law, so you should know details like what to do with an advance deposit.
- Is there a deposit limit in Florida? No, there isn’t. Landlords are free to charge any appropriate amount as a deposit payment per Florida laws. Generally speaking, though, most landlords charge the equivalent of two months’ rent.
- How should a Florida landlord store the tenants’ deposit? Landlords have three options in this regard. They can post a surety bond or place the deposit in either an interest-bearing or non-interest-bearing account.
- Does a Florida landlord need to notify renters once they receive their tenant’s security deposit? Yes, Florida laws require this. The reasonable notice should not be made more than thirty days after receipt of the deposit.
- Can Florida landlords keep part of the tenant’s deposit? Yes, under certain circumstances, landlords can keep all or part of the renter’s deposits.
- When should Florida landlords return a tenant’s security deposit? In the state of Florida, landlords have fifteen days once the renter vacates to return their deposits.
Small Claims Lawsuits in Florida
By its very nature, small claims court is a simple, cost-effective and reasonably fast alternative to a full-blown lawsuit. Court costs can amount to a lot of money, even in county court. A landlord's attorney will be familiar with all the associated costs.
No one can sue for millions of dollars in this type of court. The state of Florida caps the amounts to no more than $5,000 on a property owner and tenant related claim.
Florida Tenant Rights to Withhold Rent
Florida landlords have many responsibilities under the Florida written rental agreement. One such responsibility is ensuring the property is habitable. In other words, ensuring the dwelling unit or the premises meets key standards in terms of safety, health and building codes means a tenant must pay rent.
If the landlord, for example, fails to repair a broken heater or leaky roof, the Florida rental law gives the tenant several options as per their lease or rental agreement. Reasonable provisions to handle these things must also be included in the rental agreement.
In the case of periodic rental payments, giving a reasonable tenant written notice of the repairs needed before withholding payment is needed. A good landlord-tenant relationship can assure rent payments continue as you fix the issue quickly as per any lease or rental agreements.
A Florida renter may decide to break the written lease or rental agreement citing the landlord’s failure to maintain a habitable premises in Florida. Or, the renter has the right, in Florida, to repair the issues and then deduct the expenses from the rent. If a tenant breaches the rental agreement by failing to provide notice of repairs, however, they cannot withhold rent.
Florida Rental Agreement Termination and Eviction Rules
The eviction process under the Florida rental laws is codified in Florida Statute Chapter 83. To evict a Florida tenant, a landlord shall and must serve the tenant with a notice of terminate the rental agreement before the rental period is up. This must be in writing if you want to terminate the lease agreement before the specified period.
In Florida, common reasons for tenant eviction include:
- Non-payment of rent
- Health or safety violations when renting the unit
- Illegal use of the unit; eg: subletting without the landlord's permission
- Property damage
The first step in the Florida tenant eviction begins with a notice. It must specify the breach committed and give appropriate notice. For instance, for nonpayment of rent, the landlord must give the tenant a three-day notice to either leave or pay the unpaid rent.
If the Florida tenant doesn’t leave, then the only option left for the landlord is to file an eviction lawsuit in a Florida court. You cannot forcibly remove a tenant's personal property from the rental unit.
Landlord Access to Rental Property
Florida landlords can enter their rentals at certain times, for certain reasons. Under Florida’s law, the landlords can enter a renter’s rental unit for issues related to:
- Rental premises repairs
- To issue eviction or ejection notice
- Under court orders
- If the renter abandons the rented premises, eg: leaving for vacation without notifying the landlord of the intended absence
- To show the apartment, family home or duplex to prospective tenants
- Inspection of the dwelling unit
To gain access, landlords need to provide their Florida tenants renting the dwelling unit with a 12 hours’ notice to enter the premises prior to showing up at the door. Possession of the premises is still yours, but you must respect a tenant's right to privacy.
Florida Rent Rules
Tenants in Florida pay rent in order to live in and enjoy their rental unit throughout the tenancy. There are certain disclosures about the rental fees that every tenant must know of.
They include:
- The amount of rent during the tenancy
- How it should be paid
- When rent is due during the tenancy
- Where rent is due
- The consequences of paying rent late
Bottom Line
These are the basics of Florida landlord-tenant law. If you have further questions, seek assistance from a qualified attorney as this post is not meant to be a substitute for legal advice.
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