Key Takeaways
Mandatory disclosures and habitability: Florida landlords must give tenants certain written disclosures and ensure the unit is habitable, completing repairs within 7 days of written notice.
Balanced rights and responsibilities: Tenants are entitled to safe, non-discriminatory housing, proper eviction procedures, and notice before entry, while landlords can collect security deposits, evict for lease breaches, raise rent with notice, and charge late fees, but both parties must adhere to their respective duties.
Statutory compliance is essential: All landlord-tenant interactions in Florida are governed by Chapter 83, Part II of the Florida Statutes; failure to follow required procedures, such as proper security deposit handling, repair timelines, or lawful eviction methods, can lead to litigation, penalties, or loss of rent.
The landlord tenant relationship is defined by Florida Statutes Chapter 83 Part II as one that has been established in any of the following ways:
Through a verbal agreement.
In a written agreement.
After the landlord accepts a payment as rent.
Once the relationship has been established, both parties automatically obtain certain rights and responsibilities.
In this article created by Rentifi Property Management, you’ll learn the ins and outs of these rights and responsibilities, as well as a basic overview of some of the Florida landlord tenant laws governing your rental.
But first…
Required Landlord Disclosures in Florida
As a landlord in Florida, you must provide residents with a number of disclosures before they move in, which can be included as part of the lease or in a separate agreement. These disclosures include:
Whether the unit poses a risk of flooding.
The fire protections that are available in buildings three storeys tall.
Concentrations of lead-based paint if the building was built before 1978.
Whether radon gas is present in or near the rental unit you’re leasing.
Names and addresses of the property owner and property manager (if any).
How and where the resident’s security deposit is being held.
Florida Tenant Rights & Responsibilities
After establishing a rental agreement with a landlord, residents in Florida automatically obtain State of Florida tenant rights to:
Be provided with the disclosures mentioned above.
Live in a habitable home, and have repairs made within 7 days of notifying the landlord.
A proper eviction process after a lease violation.
A refund of the unused security deposit portion after they’ve moved out.
Terminate a periodic tenancy with proper advanced notice.
Be treated per Florida’s anti-discrimination law.
Obtain a 24-hour advanced notice before the landlord can access the unit.
Equally, residents in Florida are held to certain responsibilities. They include:
Paying rent on time, every time.
Maintaining the unit to the required safety, health, and structural standards.
Keeping the unit sanitary and clean.
Keeping fixtures clean and using them reasonably.
Not causing unreasonable disturbances to neighbouring residents.
Not causing negligent property damage to the unit.
Florida Landlord Rights & Responsibilities
Some of the rights landlords have under Chapter 83, Part II of the Florida Statutes include the rights to:
Evict residents who cause lease violations.
Require a security deposit before the resident can move in.
Terminate a periodic tenancy with advanced notice, dependent on the length of the tenancy.
Charge a resident who breaks their fixed-term lease without just cause.
Raise rent without restrictions as long as proper notice is given.
Enter the unit at any time in the case of a true emergency.
Charge late fees, which can be up to $20 or 20% of the monthly rental amount (whichever is greater).
Draft a proper lease agreement and enforce all of its rules.
As for responsibilities, Florida landlords must:
Draft a rental agreement that aligns with florida lease laws and other applicable federal and local laws.
Not discriminate against a resident based on a protected characteristic such as race, color, or religion.
Only enter a resident’s unit for lawful purposes.
Give the resident advanced notice, which can be agreed upon in writing in the lease, before raising rent.
Hold the resident’s security deposits per the state’s security deposit laws.
Use the proper eviction procedure when removing a resident from the unit they rented.
Make requested repairs within 7 days of receiving written notice from a resident.
An Overview of the Landlord-Tenant Laws in Florida
Renters’ Rights for Repairs
As a landlord, you must make timely repairs once notified by the resident. In Florida, you have up to 7 days upon receiving the written request to do so.
If you fail to act within the 7 days, the resident can bring litigation against you or end the lease without penalty.
Tenant Evictions
You can evict a resident for not upholding the terms of the lease. Some examples of these lease breaches include not paying rent on time, making illegal property alterations, or not moving out after the lease has expired.
Regardless, you must follow the state eviction rules in removing them from your unit. You should not try to lock them out, shut down their utilities, or use any other illegal eviction methods.
Security Deposits
Landlords in Florida can obtain a security deposit from residents before they move into the rented premises. Be that as it may, you must strictly follow certain rules.
For instance, you must hold the deposit properly, either in an interest-bearing account, a non-interest-bearing account, or by posting it as a surety bond. If the account is interest-bearing, the tenant has the right to 75% of the annual interest accrued.
You must also return the deposit to the tenant within 15 days of them moving out if you do not intend to claim any of it, or within 30 days if you are claiming a portion. See Chapter 83.49 of the Florida Statutes for more information about claiming part of a security deposit.
Breaking a Lease
Breaking a lease early is a serious violation. If the resident does so and vacates the unit without your knowledge, you can hold them liable for all of the remaining rent in the tenancy period.
A resident can, however, break a lease early without penalty under specific circumstances, like if they’re relocating for active military duty, if the unit is unsafe to occupy, if they are victims of a privacy violation, or after meeting the terms of the early termination clause (if any).
Conclusion
Before renting out a property in Florida, make sure you familiarize yourself with Chapter 83, Part II of Florida’s Statutes. It contains all the rules and regulations that will govern your relationship with the resident. We’ve built this guide to provide you with a basic foundation for understanding this vital information.
Rentifi Property Management provides top-notch property management solutions in Fort Myers, Cape Coral, and the surrounding areas. Reach out today to learn more about our comprehensive leasing services!
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws frequently 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.
