Florida Landlord-Tenant Law: Overview of Rights 2024

Florida’s major metro areas continue to grow fast, recently claiming four out of the top five spots among the nation’s fastest-growing urban areas. With such a rush to the state, property owners and residents should keep current with Florida landlord-tenant law.

Whether you’re a landlord managing multiple properties or a tenant renting your first apartment, understanding the legal jargon can help prevent disputes and even promote positive interactions.

In this comprehensive guide, we’ll review the nuts and bolts of landlord-tenant law in Florida, including lease agreements, fair housing, repairs, and rent control. By the end, you should have a firmer grasp of Florida tenant rights in 2024, so get comfortable and keep reading to expand your knowledge.

Key Findings: Landlord-Tenant Rights & Responsibilities

Both landlords and tenants in Florida possess a set of legal rights enumerated by the state legislature. Beyond that, each party (landlord or tenant) is also accountable for certain obligations. These obligations can help prevent legal disputes and maintain a cooperative relationship.

Florida landlords have the right to:

• Collect rent: Landlords are entitled to monetary compensation for an agreed-upon use of the property.
• Undamaged property: At the end of a lease, landlords should expect tenants to return their property in the same condition the tenant received, notwithstanding normal wear and tear.
• Protect property: A landlord has the right to inspect the property to ensure its well-maintained condition, provided they give proper notice beforehand as required by Florida landlord-tenant law.
• Increase rent: Landlords can increase rent at their discretion with appropriate notice and after the lease ends.
• Terminate tenancy for violations: Landlords can pursue eviction if a tenant fails to pay rent or violates the lease terms.

Florida landlords are responsible for:

• Providing a habitable home: Landlords must maintain rental units to meet basic safety standards and other housing requirements.
• Making necessary repairs promptly: Landlords must address an essential repair request within 3-7 days of receiving it.
• Respecting tenant privacy: Excluding emergencies that threaten the protection or preservation of property, landlords must provide at least 12 hours’ notice before entering a tenant’s residence between 7:30 a.m. and 8 p.m.
• Safeguarding security deposits: Landlords are responsible for securely holding security deposits and following the legal process for deductions and returns.
• Complying with fair housing laws: Landlords must ensure their rental practices do not discriminate against protected classes.

Florida tenants have the right to:

• Safe and habitable living conditions: Tenants are entitled to live in rental units with working plumbing, including hot water, heating, sound structures, basic security like locking doors and windows, and, under certain circumstances, pest control.
• Private, peaceful possession: Landlords must respect tenants’ ability to lawfully use property in peace, providing law-defined advanced notice before entering the property.
• Security deposit protection: Tenants have the right to a clear explanation of how landlords will use their security deposit and the ability to dispute improper deductions.
• Protection from retaliation: Landlords cannot evict or punish tenants for exercising their legal rights, such as raising complaints about unsafe conditions.
• Move out: Depending on the lease agreement, tenants are free to vacate the premises if proper notice is given. Tenants can also break leases and move out in certain circumstances, which we detail below.

Florida tenants are responsible for:

• Paying rent on time: Tenants must pay rent in full and on time as defined by the lease agreement.
• Maintaining the property: Tenants are responsible for keeping the property in good condition.
• Respecting lease terms: Tenants must adhere to the terms outlined in their lease.
• Following the law: Tenants and their guests must keep the peace while never conducting illegal activity.
• Allowing access for repairs: Tenants must provide landlords with reasonable access to the property for repairs and inspections after landlords notify them.

Best Practices for Screening Prospective Tenants

In Florida, landlords are free to charge a rental application fee, and there is no legal cap on the fee amount.

During the screening process, landlords can investigate a potential tenant’s criminal, credit, and eviction histories, provided they obtain consent from the tenant.

All background checks must comply with federal fair housing laws to avoid discrimination. Uniformly applying screening practices to all applicants is one of the best ways landlords can prevent discrimination claims.

For a headache-free screening process that helps you comply with local, state, and federal regulations, try TurboTenant’s free-for-landlords Tenant Screening feature and get comprehensive results in minutes.

Compliance with Fair Housing Laws in Florida

Federal fair housing laws—most notably the Fair Housing Act—help level the playing field for renters in their housing search by prohibiting discrimination. These laws enumerate several protected classes, the members of which cannot be denied housing for simply being members of the class.

They include:

• Race
• Color
• Religion
• Sex
• Familial status
• National origin
• Disability

Florida landlords must comply with these laws to ensure equal access to housing opportunities.

What actions are considered housing discrimination?

Among a multitude of actions, some of the more egregious discriminatory actions include:

• Refusal to rent: Denying a rental application based on a protected class
• Discriminatory advertising: Publishing rental ads that express either a preference for or aversion to any protected class
• Unfair tenant screening: Applying different criteria to different applicants

How can discrimination be avoided in rental practices?

Promoting fairness in rental practices can be achieved by following specific strategies, which can include:

• Applying consistent screening criteria across all applicants.
• Avoiding any language in rental advertisements that could be interpreted as discriminatory.
• Ensuring reasonable accommodations are made for tenants with disabilities.

What are the repercussions for fair housing violations?

Violating fair housing laws can result in significant legal and financial consequences. Fines for first-time violations will run a landlord approximately $25,000, with subsequent violations increasing each time. Should a landlord face an accusation of discrimination, seeking immediate legal counsel is recommended.

Florida Lease Agreements

While verbal agreements may hold some weight in Florida, we strongly recommend written lease agreements as they provide clarity and legal protection for both parties under Florida landlord-tenant law as of 2024.

If a rental agreement does not specify the length of the tenancy, the duration is based on the intervals for which rent is paid. All other conditions are established through the agreement.

Which lease terms are legally required in Florida?

While Florida law doesn’t explicitly list what terms should be included in an agreement, certain elements are essential to ensure that expectations are mutually understood and agreed upon. Such key terms include:

• Involved Parties
• Lease Term
• Rent Amount & Due Date Schedule

What constitutes legal renting in Florida?

According to Florida landlord-tenant law, legal renting requires a clear rental agreement (preferably written), adherence to local occupancy limits (though the state doesn’t define any), and compliance with all applicable building codes and health ordinances. Additionally, landlords must maintain properties and ensure habitability; other regulations may vary by jurisdiction.

What tenant documentation is required?

Landlords often require a valid ID, such as a driver’s license, and proof of income, like pay stubs or tax returns, to lend credence to tenant-supplied information included in their application.

It’s essential to keep copies of the rental agreement and records of all rent or deposit payments to protect the rights of all parties involved and resolve potential disputes.

What are the mandatory landlord disclosures in Florida?

When renting out a property, landlords must provide several specific disclosures to ensure compliance with Florida tenant rights in 2024. These include notification of known radon gas hazards, a written statement regarding the use and return of security deposits, and a written agreement should the tenant agree to a fee instead of a security deposit. Landlords must also disclose the name and location of the bank holding security deposits and whether they bear interest or not.

Landlords must also provide the name and address of the property owner or authorized agent responsible for receiving notices and handling maintenance requests. Finally, Florida must follow federal lead-paint disclosure rules.

Security Deposits in Florida

Security deposits are critical to Florida landlord-tenant law and protect landlords against damages or unpaid rent. Landlords are permitted to collect a security deposit and often do, but state law does not cap the amount.

There is no legal limit to how much a landlord can request as a deposit, though it typically equals 1–2 months of rent. However, the deposit must be appropriately handled and returned to the tenant following strict legal guidelines.

What are the guidelines for security deposit collection?

Landlords have three options for holding security deposit funds:

• Post a surety bond
• Deposit the money in an interest-bearing account in a Florida banking institution, with the tenant entitled to a certain amount of the interest
• Deposit the money in a separate non-interest-bearing account in a Florida banking institution

When can deductions be made from security deposits?

Landlords can only deduct damages beyond normal wear and tear or for unpaid rent from the deposit; they must provide itemized statements for any deductions made.

How should security deposits be returned?

Upon the tenant’s move-out, landlords have 15 days to return the security deposit if no deductions are made or 30 days to provide a notice that informs the tenant of the landlord’s intention to claim the deposit for reasonable deductions.

Maintenance Responsibilities of Landlords

Florida law requires landlords to maintain their rental units in a habitable condition. This means ensuring the property meets basic safety, health, and structural standards.

What are the legal standards for property conditions?

• Essential utilities: Landlords must ensure that plumbing, electrical, and heating systems work.
• Health standards: The unit must be free from hazardous conditions such as mold or infestations.

What is the proper protocol for repairs?

Tenants can request repairs orally, though in strained circumstances, and may deliver a notice to landlords, to which they must respond within 7 days. Because not all repairs may be addressed within that timeframe, landlords should make a reasonable effort to address the issues. The notice is canceled if the tenant pays the rent within this timeframe.

Do landlords need to give tenants advance notice before accessing a rental property?

Unless a landlord must enter a property to protect or preserve it, tenants can expect to be given reasonable notice beforehand. By state law, reasonable notice is defined as 12 hours, and entry can only occur between 7:30 a.m. and 8:00 p.m.

Late Rent Fee Regulations

Florida landlord-tenant law does not mandate a grace period for late rent payments, but landlords can charge late fees if the lease agreement specifies it.

Rent Control in Florida

Not only does Florida not have any rent control laws, but it has outlawed them outright. There are a couple of exceptions, including Miami and West Palm Beach, where rent control laws have been grandfathered in. This means landlords can generally set and increase rents between lease durations as they see fit, as long as they are not practicing discrimination.

That said, landlords may be required to provide notice of rent increases, depending on the laws of certain locales.

Lease Renewal and Termination

In Florida, landlords and tenants must give appropriate notice before terminating a rental agreement. For instance, month-to-month agreements generally require 15 days’ notice.

Only under certain circumstances can tenants break a lease early. Military service is one such situation, though certain procedures must still be followed, including providing advance notice and proof of military orders. Florida tenant rights do not recognize domestic violence as a legitimate excuse for a tenant’s early termination.

Landlords may only break a lease early under certain circumstances, primarily for violations of conditions defined in the lease agreement.

Eviction Procedures for Florida Landlords

The eviction process varies from state to state. As such, Florida landlords must familiarize themselves with all applicable state and local laws.

What justifications exist for eviction?

• Non-payment of rent
• Lease violations (such as unauthorized occupants or pets)
• Illegal activities
• Expiration of the lease without renewal

What is the eviction process?

1. Notice to Cure or Vacate: Landlords must serve a written notice to the tenant, typically giving them three days to pay overdue rent or seven days for a lease violation.
2. Eviction suit: If the tenant does not comply with the notice, landlords can file an eviction lawsuit in county court.
3. Court hearing: Both parties will have the opportunity to present their case in court. All relevant documents, including a copy of the rental agreement, notices, and others, should be provided for the judge’s review.
4. Writ of Possession: If the judge rules in favor of the landlord, they will issue a writ of possession, ordering the tenant to vacate the property within 24 hours. If the tenant still refuses to leave, law enforcement will forcibly remove them from the premises.

How is property reclaimed after eviction?

Florida law requires landlords to give tenants a chance to retrieve their abandoned belongings. If a tenant does not collect their property during this holding period, the landlord may dispose of the belongings.

Local Ordinances for Landlords and Tenants

Local ordinances can have significant implications for landlords and tenants and vary widely depending on the city or county. To ensure compliance with all applicable laws, it’s recommended to consult both state statutes and local ordinances.

One valuable resource for finding local ordinances is Municode, a comprehensive database of municipal codes.

Federal Landlord-Tenant Laws

Beyond local ordinances and state statutes, federal laws and regulations also play a considerable role in shaping the rights and responsibilities of all parties involved. Some of the most important federal protections, such as the Fair Housing Act and the Americans with Disabilities Act, ensure equal access and reasonable accommodations for all individuals.

To better understand how these federal laws impact you, explore the following resources:

• The Office of Fair Housing and Equal Opportunity
• The Civil Rights Division of the Department of Justice
• FindLaw.com

Managing Tenant Legal Disputes as a Florida Landlord

Compliance with state laws regarding Florida tenant rights is key to managing legal disputes. Before a dispute arises, it would be wise to review the lease terms and determine if they contain a possible resolution.

During a dispute, document all communications while attempting to resolve the issue amicably. However, more serious disputes might call for legal assistance. A qualified attorney can help you navigate the complexities of Florida’s landlord-tenant statutes and protect your rights. For additional guidance, visit the following resources:

• The Florida Bar: Provides an overview of landlord and tenant rights, including legal forms and resources
• Florida Courts Help: Provides access to legal services and resources for landlords and tenants involved in disputes
• Florida Department of Agriculture and Consumer Services: Offers a summary of landlord-tenant laws and helpful resources for resolving disputes

These resources can help you stay informed and better prepared to handle tenant legal disputes effectively.

Navigate Your Landlord-Tenant Relationship with TurboTenant

Managing landlord-tenant relationships may seem overwhelming, but TurboTenant’s free property management software helps you handle Florida tenant rights and all new Florida landlord-tenant laws with ease. Some of its key features that can help you streamline your rental portfolio include:

• Rent Collection: Simplify payments with secure, automatic rent collection, reducing late payments and hassles.
• Tenant Screening: Conduct comprehensive background and credit checks to find reliable tenants quickly and easily.
• Lease Agreements: Create, customize, and send legally compliant lease agreements, all from one place.
• Property Maintenance: Manage inbound tenant requests and coordinate repair services easily and efficiently online.

Ready to take control of your property rentals? Sign up for a free TurboTenant account today and experience the better way to be a landlord.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

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