Once a verbal or written agreement is established, Florida’s landlord-tenant laws give the landlord and tenant certain rights and responsibilities. As a landlord, you must familiarize yourself with this law to avoid potential conflicts with your tenant. The following is a basic overview of the landlord-tenant law in Florida:
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Necessary Disclosures in the State of Florida
As a landlord in Florida, the following are some of the disclosures you must make before renting out your property:
- Disclosure on lead-based paint. This applies to landlords renting out homes built before 1978. The disclosure requires landlords to inform tenants of lead-based paint hazards.
- Disclosure on how you’re holding your tenant’s security deposit.
- Disclosure on whether there is presence of radon gas in or inside the rental unit.
Tenants’ Rights & Responsibilities in Florida
Tenants in Florida have the right to:
- Have repairs done promptly.
- Live in a habitable home that abides to the basic health and safety codes.
- Be treated fairly without any bias based on certain protected classes.
- The return of all, or a portion, of the security deposit after moving.
- Break the lease early under certain circumstances.
- Continue staying in their rented premises until the landlord has followed the proper judicial eviction process.
When it comes to responsibilities, Florida tenants are required to:
- Maintain the unit to the required habitable conditions.
- Keep their rented premises in a sanitary state.
- Use all the provided fixtures and facilities reasonably.
- Abide by all terms of the lease agreement.
- Not cause unreasonable disturbance to other tenants or neighbors.
- Not cause excessive property damage.
- Pay rent on time, every month.
- Notify the landlord before moving out of their rented premises.
Landlords’ Rights & Responsibilities in Florida
- Landlords in Florida have the right to:
- Enter rented premises to perform a needed or requested maintenance task as long as they provide adequate notice.
- Evict a tenant who fails to abide by the terms of the lease agreement, such as pay rent.
- Collect a security deposit from a tenant and make allowable deductions.
- Raise rent.
- Enforce the terms of the lease agreement.
- Charge late rent fees.
The list of responsibilities for landlords is as follows:
- Treat all tenants equally and fairly.
- Adhere to health and safety codes.
- Remove a tenant through a judicial eviction process.
- Provide tenants with the required disclosures.
- Only make deductions to a tenant’s security deposit for certain allowable reasons.
- Provide a tenant with a 24-hour advance notice before entering their rented premises.
Overview of the Landlord-Tenant Laws in Florida
The following are some key elements that make up Florida’s landlord-tenant laws:
Landlord Right to Entry
Landlords in Florida can enter their tenant’s rental property. You may want to do so to repair, inspect the premises, or show the property to prospective tenants.
However, in all circumstances, you must notify the tenant in advance. Under state law, you must provide your tenant with a 24-hour advance notice before entering their rented unit. You must only enter the property during normal working hours.
Housing Discrimination
The Fair Housing Act protects tenants from certain discriminatory acts from landlords. It’d be unlawful for you, for instance, to show bias or limitation based on certain protected classes. The protected classes in Florida are race, color, nationality, religion, sex, familial status, disability, and pregnancy.
Rent Increase
There is no rent control law in Florida. Consequently, as a landlord, you have the right to charge tenants whatever amount of rent you want. You can also raise it for whatever reason, and as often as you’d want. However, in a fixed-term lease, you must wait until the lease ends to do so.
Security Deposits
Certain laws apply when it comes to the collection, holding, and return of the tenant’s security deposit. Here are a few of those rules:
- Return tenants’ security deposits within 15 days of them moving out.
- Only make allowable deductions to the security deposit. For example, to cover the cost of tenant-caused damages that go beyond expected wear and tear.
- Store the tenant’s deposit in either of three ways: a normal account, an interest-bearing account, or a surety bond. You must send a notice to your tenants informing them of where the deposit is being stored and whether they’re entitled to any interest generated from it.
There isn’t, however, a rule capping the amount you can ask for as a security deposit from a tenant. That said, keeping it reasonable will help you land qualified tenants and reduce turnover.
Tenant Evictions
If you have to evict a tenant in Florida, then you must follow the proper judicial process. Which includes, serving an eviction notice, filing a lawsuit in court, and attending the court hearing. Common reasons for evicting a tenant include nonpayment of rent and property damage exceeding standard wear and tear. Lease violations like keeping unauthorized pets or subletting the property without permission could also be grounds for eviction.
Bottom Line
Understanding the landlord-tenant laws in Florida is vital to protect your real estate investment. Keeping track of all of your responsibilities can be challenging as a landlord, especially if you have multiple rental properties. Consider the benefits of working with a trusted property management firm like The Coffey Group. Contact our team of expert property managers today to learn about our professional services!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.