Landlord-Tenant Laws in Florida

If you’re planning to rent out your home, you must understand your local legislation first. These regulations outline the rights and responsibilities of both parties under a lease agreement.

These laws can help resolve almost any dispute that may arise during the duration of a tenancy from the moment they sign the rental agreement like the nonpayment of rent and withholding the security deposit. If the tenant or landlord fails to uphold these laws they could face dire repercussions.

Florida is considered a landlord-friendly state due to its favorable security deposit laws and simple eviction process. Despite this, understanding the laws in this state can save a landlord a lot of problems in the long run.

In this article, the Pro X PM The Swain Group team will go over everything a landlord should know about Florida landlord-tenant laws.

Florida Tenant Rights and Responsibilities

In Florida, each tenant has the right to live in safe, habitable units. They are also legally protected from discrimination when looking for housing. A Florida tenant can’t be evicted from a rental without a court order.

In addition to these rights, a Florida tenant has ample responsibilities. These include:

• Paying rent promptly
• Maintaining the unit clean and sanitary
• Keeping the fixtures, including all plumbing and electrical, clean and up to code
• Not disturbing other people or the peace
• Not intentionally destroying or vandalizing the unit

Florida Landlord Rights and Responsibilities

In Florida, a landlord has many rights. This includes being paid rent in full and on time every month, deducting from security deposits in case of damages, and evicting a tenant.

However, the only three causes for eviction in this state are nonpayment of rent, end of rental agreement, and violation of rental agreement terms. This would break the lease agreement.

The following are the basic landlord responsibilities in the state of Florida. Landlords must:

• Ensure the rental complies with all health and building codes
• Keep the unit in habitable condition throughout the duration of each tenancy
• Make necessary repairs promptly within seven days of written notice sent by the tenant
• Make the necessary disclosures to the tenant before signing the lease agreement

An Overview of the Landlord-Tenant Laws in Florida

In addition to knowing your rights and responsibilities as a landlord, it’s important to understand other aspects of landlord-tenant laws. This way, you’ll be able to keep yourself and your investment safe from liabilities. Below is a quick overview of key landlord-tenant laws in Florida.

Tenant Privacy Landlord’s Right to Enter the Dwelling

Under Florida law, landlords can legally enter the tenant’s premises only for the following reasons:

• Inspections of the rental premises
• Improvements, including decoration
• Maintenance and repairs
• Property Showings
• Emergencies

However, Florida landlords can only enter the tenant’s premises during working hours after giving them proper notice. The notice can be either written or verbal, but it must be given at least 24 hours in advance, except in case of an emergency.

Florida landlords can legally enter a rental premises without permission to protect the property. They can also enter when the renter is absent for more than half of a rent payment period.

Maintenance and Repairs

It’s your responsibility as a landlord to keep the rental clean and habitable. In Florida, this means:

• Ensuring locks work correctly
• Maintaining floors, stairways, and railings in good condition
• Providing outside garbage receptacles
• Ensuring that the property is clean and free of pests
• Keeping electrical, lighting, and heating systems up to code
• Providing and maintaining running heated water
• Keeping plumbing in working condition
• Weatherproofing the roof, exterior walls, and windows
• Fixing clogs and leaks

Florida Housing Laws

Federal housing laws prohibit housing discrimination against renters based on race, origin, religious practices, sex, disability, and familial status. Additionally, Florida housing laws provide protections for pregnant people under the Fair Housing Act.

Security Deposits

Florida has no limit to how much a landlord can charge for a security deposit. Although landlords are not required to provide interest on deposits, they must hold the deposit in a non-interest-bearing account, interest-bearing account, or surety bond.

According to Florida security deposit law, landlords can make deductions from security deposits for unpaid rent, damage, breach of the rental agreement, or cleaning costs.

If they deduct any costs from the deposit, landlords have 30 days after the end of the rental agreement to return the rest of the security deposit. If the landlord fails to do so the tenant can sue for the full deposit, plus court costs and attorneys’ fees.

Required Landlord Disclosures

Florida landlords must make the following disclosures. They can make these disclosures either within the terms of their lease or in separate rental agreements:

• Lead-based paint: If the house was built before 1978, the landlord needs to give the tenant information about lead-based paint that could be hazardous in their building
• Authorized authorities: Landlords must provide their tenant with the names and addresses of all managers and owners of the property
• Security deposit holdings: If landlords lease five or more rental units, they need to give their tenant a disclosure which includes information about where the security deposit is held and if the tenants can receive interest after their lease ends.
• Radon gas: Landlords must give the tenant the proper information about radon gas, if it is present, or not, if it is in the rental, or simply near it

Renters’ Rights to Withhold Rent in Florida

A Florida tenant has several options if a landlord fails to take care of important repairs. Tenants can end the lease or sue for a court order to force the landlord to make repairs. However, tenants aren’t allowed to withhold rent or repair and deduct the cost from the rent.

To avoid any issues, make sure you handle all tenant repair requests promptly to ensure timely rent payments.

Small Claims Lawsuits

Most disputes between Florida landlords and tenants can be settled in Small Claims Court. Whether it’s a conflict over security deposits or nonpayment of rent, the dispute can be resolved in two to four months.

Both parties can file cases to settle minor disputes without hiring an attorney if they file as an individual. In this case, the amount claimed must be less than $8,000.

Bottom Line

If you have specific questions about Florida landlord-tenant laws, contact Pro X PM The Swain Group! Our team of experts can provide you with guidance to keep your investment protected from liabilities and ensure you have a peaveful landlord tenant relationship.

This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws 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.