Key Takeaways
- Understanding Florida landlord-tenant laws helps landlords and tenants know their rights and responsibilities, ensuring a fair and smooth rental experience.
- Landlords must follow strict rules on disclosures, security deposits, lease enforcement, and property access, while tenants have protections regarding habitability, privacy, and eviction procedures.
- Partnering with knowledgeable professionals like Spectrum Realty Services can help landlords stay compliant, manage properties effectively, and protect their investments.
Navigating the landlord-tenant relationship in Florida requires a solid understanding of your legal responsibilities. Staying informed helps you avoid disputes, protect your investment, and create a smoother experience for both you and your residents.
In this guide from Spectrum Realty Services, we’ll cover key aspects of Florida landlord-tenant law, from security deposits and lease terminations to eviction procedures and entry rights, so you know what to expect and how to stay compliant.
Required Landlord Disclosures in Florida
When you rent out a property in Florida, you must disclose certain information to prospective residents. Before they can sign the lease and move in, you must let them know of the following:
- Concentrations of lead-based paint in any building built before 1978.
- The name and address of the property owner, as well as any person tasked with managing the property on behalf of the owner.
- A disclosure on where you’re holding a resident’s security deposit and whether you’ve stored it in an interest-bearing account. This is specific to landlords renting out five or more rental units.
- Disclosure on whether radon is present in or near the rental unit. You must use a language provided by the state.
Tenants’ Rights & Responsibilities in Florida
The Florida landlord-tenant law grants residents the following rights in a rental agreement. A right to:
- Receive the previously mentioned disclosures before moving into a rental property.
- Live in habitable premises and have requested repairs made within 7 days after proper notification.
- Continue occupying the property until the resident obtains a court order for eviction.
- Receive interest on the security deposit if the landlord stores it in an interest-bearing account.
- Break the lease early without penalty for certain legitimate reasons.
- Be treated fairly, regardless of the fair-housing protected classes in Florida.
- Receive 24 hours of advance notice before a landlord can access the rented unit.
- Change locks, as long as the landlord retains access to the unit for lawful purposes.
When it comes to responsibilities, they include the following for Florida residents. Aside from paying rent on time, every month, Florida residents must also do the following:
- Keep the unit safe, habitable, and well-maintained.
- Keep the unit clean and sanitary.
- Not cause unreasonable disturbance to other residents or neighbors.
- Not cause negligent damage to any part of the rental property.
- Keep all fixtures clean and sanitary, and use them reasonably.
Landlords’ Rights & Responsibilities in Florida
FL Statutes Chapter 83 Part II grants landlords in Florida the following rights. A right to:
- Remove any resident who violates a term of the lease.
- Charge residents a security deposit before they can move into their rented units.
- Not to make a reasonable effort to re-rent a unit that a resident has abandoned.
- Raise rent without any restrictions when it comes to the amount and the frequency of the increments.
- Access a rented unit to perform legitimate functions, such as inspections and repairs.
- Draft a rental agreement and enforce all of its terms.
- Charge residents for breaking their lease early.
When it comes to responsibilities, they include the following for Florida landlords.
- Provide habitable premises, and make repairs within 7 days of receiving proper notification.
- Carry out proper evictions to remove residents from their rented premises.
- Hold security deposits per the state’s security deposit rules.
- Provide the resident with an advance notice before a rent increase per the lease agreement.
- Abide by the Fair Housing Act in Florida.
- Provide the resident with a 24 hours’ advance notice before accessing their rented premises.
- Not charge a late fee that exceeds either $20 or 20% of the rental amount.
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An Overview of the Landlord-Tenant Laws in Florida
Landlord Entry
As a landlord, you can enter a rental property for lawful purposes. Examples of lawful functions include: inspections, property showings, maintenance, repairs, and emergencies.
But save for emergencies, you must notify the resident at least 24 hours before entry. If you fail to do so, it could pass for potential landlord harassment. This could give the resident a legal ground to break their lease early without penalty.
Housing Discrimination
The Fair Housing Act in Florida protects residents against discrimination due to certain protected classes. The classes include: race, color, religion, disability, and familial status.
You must ensure that you apply the act in your daily landlording duties. Such as, when marketing the unit, screening prospective residents, and handling repairs.
Rent Increases
Landlords in Florida aren’t limited in the amount and frequency of rent increments they can make. This is because Florida doesn’t have a rent control law. Also, state law prohibits local jurisdictions from enacting their own rent control laws.
And unlike most other states, there is no statutory notice requirement for landlords when raising rent. You can agree with the resident on the minimum notice requirements on the lease.
Security Deposits
If you require security deposits, you must abide by certain rules. In Florida, the rules include the following.
- Document the move-in condition.
- Hold the deposit in one of three ways. That is, in an interest-bearing account, a non-interest-bearing account, or to post a surety bond.
- Return the deposit, minus any allowable deductions, to the resident within 30 days after they move out.
Resident Evictions
Evictions in Florida must follow legal procedures and can only begin if a resident violates the lease, such as failing to pay rent, overstaying after lease expiration, or breaking a lease term.
Landlords must obtain a court order before removing a tenant and cannot resort to self-help methods like changing locks or shutting off utilities.
A professional property management company like Spectrum Realty Services can help ensure the eviction process is handled lawfully, efficiently, and with minimal risk to your investment.
Conclusion
Being a landlord can be highly rewarding, but it also comes with important responsibilities. Staying informed about Florida’s landlord-tenant laws helps protect your property and your peace of mind.
If you have questions or need professional property management support, Spectrum Realty Services is here to help. As a trusted real estate firm, we offer a full range of services to make your rental experience smooth and successful. Contact us today to learn more.
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.