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As a landlord in Florida, it’s crucial to familiarize yourself with the law. Florida law highlights the rights and responsibilities of both you and your tenants from the rental agreement to periodic rental payments and even when a landlord fails to comply, among other important factors.
Understanding the rights of your tenants and your legal obligations under the Florida landlord-tenant law will help you run a successful investment business. We can help you make a proper rental agreement, navigate Florida security deposit laws, know what reasonable notice entails, and so much more.
However, these laws in Florida and their nuances can be confusing for both the landlord and the tenant. Thankfully, the experts at Out Fast Property Management have put together the following overview of Florida law for you so that you can understand Florida law quickly and easily.
Landlords are bound by federal and state laws in Florida to make certain information known to tenants. If a landlord fails to do this or put it in the rental agreement, they can be held liable.
Before a tenant can start living on your property, you must notify them of the following disclosures under the Florida landlord-tenant laws:
Renters in Florida have the following basic rights under the Florida landlord-tenant laws. A right to:
Common responsibilities tenants have due to Florida residential landlord-tenant laws in Florida include the following:
These tenant duties are important for Florida landlords. If a tenant fails to comply or a tenant breaches any of these duties, they can be evicted.
Sometimes, when there are multiple tenants in a unit, one may fail to comply. If that’s the case, you can discuss the situation with the remaining tenant about what happens when a tenant fails to do their duties and decide what to do from there.
However, even in the case of eviction, a tenant has a right to their safety and their personal property. You cannot touch their personal property and must take it to court if they refuse to leave. If you have a good relationship with your tenant, that may help prevent this.
Another common occurrence is a tenant subletting without the landlord’s permission. The landlord’s agent may be able to help, but whatever the case, the last remaining tenant in the property may be asked to leave due to these issues.
As a landlord in Florida, you have the following rights as per Florida law. A right to:
When it comes to responsibilities under Florida laws, they are as follows.
Tenants in Florida have a right to the quiet and peaceful enjoyment of their rented premises as per the federal laws. Before accessing your tenant’s space, you must serve them with a notice of at least 12 hours.
And that includes instances where you may need to show the unit to prospective tenants or make repairs. The only exception to providing the notice is when entering the tenant’s unit to handle an emergency, which is covered under the law and any lease agreements.
If you were to enter your tenant’s rented unit repeatedly without notice, you’d be liable for tenant harassment. Consequently, the tenant may be able to use that as legal grounds to terminate their lease early.
Florida landlords have a duty to provide their tenants with a habitable living space under the rental law and to respond quickly as per any lease agreements. The state’s “implied warranty of habitability” requires landlords to provide tenants with certain items in order to comply with local housing, safety, and health codes.
The landlord-tenant relationship goes beyond any written rental agreement. Rental agreements state that a tenant needs access to repairs for their rental unit, but it goes beyond that.
Florida statutes and a written lease cover the upkeep and safety of the rental unit, no matter if rent payments are delayed. Unpaid rent doesn’t allow the tenant to live in a unit that violates health codes. So, you must attend to the rental unit under the laws, no matter what.
Such items that constitute an emergency or violate health codes in the dwelling unit include the following.
Tenants have a right to a fair and equal opportunity to rent your home under the Florida laws. It is unlawful for Florida landlords to discriminate against their tenant based on their race, color, nationality, religion, familial status, and disability.
The Florida Fair Housing law also adds pregnancy as an extra protection to the federally protected list and needs no further notice.
As a Florida landlord, you have a right to charge tenants a security deposit. But when you do charge tenants a security deposit, Florida landlords must comply with certain regulations. Including:
Renters in Florida have a right to withhold rent if repairs aren’t made within 7 days of issuing a notice about issues with the dwelling unit. They may also be able to make the repairs themselves then deduct the cost of repair from future rent payments or court costs.
Conflicts over the return of security deposits can be common, but a security deposit is still essential to the renting of any dwelling unit or applicable building. The tenant may think they have returned the property in good condition while the landlord may hold a different opinion, especially if they own more than one unit in the applicable building.
Consequently, the matter may end up in a small claims court. Florida small claims courts can hear lawsuits amounting to no more than $5,000. In county court, the landlord’s attorney can often recoup the security deposit money fought over during the rental period, no matter if it’s a single-family home or a condo, but it’s not guaranteed.
If a landlord intends to deduct from the security deposit due to any damage to the dwelling unit, how that’s dealt with must be specified in any rental agreements. If the tenant has missed rental payments, a Florida residential landlord must also specify if the security deposit can be used for that.
If a landlord fails to tell a tenant which Florida banking institution their security deposit is being held in or that the security deposit has been put into a separate interest-bearing account, it’s considered a breach.
If the tenant takes forcible possession of the dwelling by refusing to leave with evicted, you can recover possession of the dwelling by going to court but you may not forcibly evict them, even if you terminate their lease prior to court.
Now you are familiar with Chapter 83 of Florida Statutes regarding the rights and responsibilities each party to the lease has. It can be confusing for landlord and tenant alike, but Florida renters rights are the pinnacle of the industry. If you have any more questions, Out Fast Property Management can help!
We’re a quality Tampa property management company. Our high-quality services can help you maximize the return on your investment property. Get in touch to learn more for more! A landlord elects the very best when they choose us.
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws in Florida change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.
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