Florida's landlord-tenant laws outline the rights and responsibilities of both parties in rental agreements, aiming to maintain fairness and transparency. These laws are primarily governed by the Florida Landlord and Tenant Act, which regulates matters such as security deposits, breaking lease agreements, and the maintenance of rental properties.
For landlords, it specifies obligations such as ensuring the rental unit is habitable and making necessary repairs promptly. Tenants, in turn, are responsible for paying rent on time, keeping the property clean, and complying with the terms of the lease. Florida also has clear guidelines for eviction procedures, providing both tenants and landlords with legal protections if disputes arise.
Understanding these laws is essential for landlords to avoid potential legal issues and for tenants to know their rights when renting a property in Florida. Whether dealing with routine maintenance, rent payments, or lease disputes, being aware of state regulations helps foster a positive landlord-tenant relationship.
The following are important highlights of the Florida landlord-tenant law to keep in mind as a landlord.
Required Landlord Disclosures in Florida
In Florida, landlords must provide tenants with these disclosures.
Federal law requires landlords renting out units built before 1978 to provide tenants with information about lead-based paint hazards.
You must provide the tenant with the names and addresses of the person tasked with the management of the unit.
Landlords with five or more rental units must disclose to the tenants how they’re storing the security deposits and whether the account is interest-bearing.
You must provide your tenant with information regarding radon gas. That is, whether or not it is present in or near the unit.
Tenants’ Rights & Responsibilities in Florida
Tenants in Florida automatically obtain the following rights:
Live in privacy.
Be treated fairly as per the Florida fair housing laws.
Live in a habitable home.
A proper eviction procedure.
The return of the security deposit after moving out.
Proper notification before lease termination.
Proper notification before landlord entry.
Have repairs made within seven days of giving written notice to their landlord.
The aforementioned disclosures before the lease becomes effective.
When it comes to responsibilities, they include the following.
Paying rent whenever it falls due.
Keeping the unit clean and sanitary as per the terms of the rental or lease agreement.
Respecting the peace and quiet of other tenants.
Using the provided fixtures and amenities for their intended purposes.
Not causing negligent or careless property damage to the unit.
Abiding by all terms of the lease agreement, including observing the pet and guest policies.
Landlords’ Rights & Responsibilities in Florida
Renting out a property in Florida will automatically grant you the following rights. A right to:
Screen prospective tenants. The qualifying criteria must, however, observe fair housing laws.
Not renew a tenant’s lease without giving any reason after it expires.
Evict a tenant for not observing the lease terms.
Require tenants to pay a security deposit before moving in.
Terminate a periodic lease after proper notification.
Penalize a tenant for breaking a fixed-term lease for a legally unjustifiable reason.
Raise rent.
Enter the unit for things like maintenance, inspections, and property showings.
The list of responsibilities for Florida landlords includes the following.
Notify the tenant at least 24 hours before the intended entry.
Treat tenants fairly as per the Florida fair housing laws.
Notify the tenant before lease termination.
Return part or all of the deposit, less any allowable deductions.
Follow the proper eviction process when removing a tenant from their rented premises.
Maintain the unit to the required habitable standards.
A Basic Overview of the Florida Landlord Tenant Laws
Warranty of Habitability
Florida requires landlords to keep rental properties safe, livable, and compliant with basic health and safety standards. This includes maintaining essential systems like plumbing, heating, and smoke detectors, addressing structural issues, and following local building codes.
If a landlord fails to make necessary repairs after being notified, tenants may withhold rent or, in severe cases, terminate the lease, provided they follow legal procedures. This warranty ensures tenants have a safe living environment while holding landlords accountable for essential upkeep.
Tenant Evictions in Florida
You must follow the proper judicial process when evicting a tenant in Florida. Among other things, this entails having a legitimate reason, serving the tenant with a proper eviction notice, and obtaining a court order.
Taking matters into your own hands, such as throwing out the tenants’ belongings, is illegal. You must also not try to evict the tenant as a form of retaliation or because of belonging to certain protected classes.
Security Deposit Rules
If you require security deposits in Florida, you must observe certain rules. Usually, these apply in the collection and holding of security deposits. The following are some of the things you must do in this regard.
Hold the tenant’s deposit properly. You’ll have three options to consider: normal account, interest-bearing account, or post a surety bond.
Only make appropriate deductions for things like unpaid rent, cleaning costs, or damage exceeding normal wear and tear.
Return the deposit after the tenant has moved out.
Conclusion
There you have it. All the important basics that anyone renting out a property in Florida must know. If you have a question or need further expert legal guidance on the state’s landlord-tenant laws, look no further than SunnySide Properties.
With extensive experience in the Orlando rental market, you can rely on us for help on any aspect of property management. Get in touch 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.
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