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Contents
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
While landlords in Florida are not required by law to collect a deposit it is highly recommended that they do. Additionally, there are no limits to the amount the deposit should be, however, deposits are generally equal to 1-2 months rent.
Security deposits do two things, firstly they test the tenant’s financial stability (their ability to make large payments). Secondly, they also act as a guarantee that the landlord can regain some of their losses should the tenant renege on payments or cause damage to the property.
If you do collect a deposit there are specific laws regarding how it should be held, how you may make deductions from it, and when it must be returned.
There are three ways landlords in Florida can handle security deposits:
If a landlord collects a security deposit they must issue a receipt of the deposit to the tenant within 30 days.
If the landlord moves the location of the deposit, the landlord must also notify the tenant of the new location within 30 days of the change. This notice should state both the name and address of the new bank that the deposit is held. The notice must be given in person or through the mail. The notice must also state whether or not the tenant will receive interest.
Once the tenant moves out landlords should conduct a move-out inspection of the property. If there is no reason to retain any of the deposit eg. the property is returned in the same condition it was rented, then the landlord has 15 days to return the deposit.
If the landlord does want to withhold some or all of the deposit they have 30 days to notify the tenant. If they do not notify the tenant within this time they may not then withhold any of the deposit.
The notice should state the following:
“This is a notice of my intention to impose a claim for damages in the amount of {dollar amount} upon your security deposit, due to {reason for withholding deposit}. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice, or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to {landlord’s address}.”
SECTION 2
There are not many requirements for rental agreements in Florida. Oral agreements are legal and enforceable in Florida for tenancies less than 12 months. Tenancies longer than 12 months must have a written rental agreement.
Even though oral agreements are enforceable, it is still recommended to have a written agreement. With a written agreement it is much easier to prove what was agreed upon, and if the rental dispute goes to court it provides important clarification and proof.
Additionally, all communications should be in writing. For example, if the tenant requests a repair they should do so in writing. If a landlord wants to access the unit, they must notify the tenant in writing.
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In Florida, when a lease expires, unless it is renewed, it is presumed to have terminated. However, if the lease agreement does not stipulate an exact lease end date, the tenant must notify the landlord of their intention to terminate or continue the contract.
If the landlord doesn’t want to rent to the same tenant again after the lease is completed, they can charge the holdover tenant double the rent after the lease expiry date.
The amount of notice that is required to terminate a lease is dependent on the lease length:
SECTION 3
In Florida, landlords may enter the rental unit from time to time to inspect the premises, make necessary or agreed-on repairs, supply agreed-on services, or show the unit.
Tenants cannot unreasonably deny their landlord access to the rental unit. However, landlords must provide the tenant with a reasonable amount of notice before entry. For a repair, the landlord must give the tenant 12-hour notice in writing. Repairs can be completed between 7:30 AM – 8:00 PM.
Landlords in Florida can evict tenants for these reasons:
If the reason why a landlord wants to evict a tenant is not something that the tenant should be allowed to correct, then the landlord can serve a notice requesting the tenant to move out in seven days.
The notice should include the following language:
You are advised that your lease is terminated effective immediately. You shall have seven days from the delivery of this letter to vacate the premises. This action is taken because (cite the noncompliance).
If the issue is something that the tenant should get an opportunity to fix, such as parking in another tenant’s parking spot, then the notice should state that the tenant has seven days to fix the issue. If the tenant does not correct the issue, then the landlord could proceed with the eviction.
This notice should say something similar to the following:
“You are hereby notified that (cite the noncompliance). Demand is hereby made that you remedy the noncompliance within seven days of receipt of this notice or your lease shall be deemed terminated, and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without being allowed to cure the noncompliance.”
Landlord-Tenant disputes in Florida are often resolved in favor of the landlord. Of our landlords surveyed in Florida, 78.3% of them have been to court for a landlord-tenant dispute. However, they win most of the time. Of the landlords we surveyed in Florida, 80% stated that they won in court.
If a landlord wants to evict a tenant for failure to pay rent, then the day after rent is due the landlord must send the tenant a written notice stating that the tenant must pay rent within the next three business days or move out.
The notice should state something similar to the following:
“You are hereby notified that you are indebted to me in the sum of ____ dollars for the rent and use of the premises [address of leased premises, including county], Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice to wit: on or before the ___ day of ___, (year). (landlord’s name, address, and phone number).”
If the landlord accepts a partial payment, they do not lose the right to evict the tenant. However, after the landlord accepts a partial payment, the landlord must issue another Three-Day Notice with the new amount of rent due to the landlord.
Before a tenant may end the rental agreement early, the tenant must notify the landlord in writing about the conditions that are making the unit unlivable. The notice must state whether the tenant intends to move out if the repairs are not completed. The landlord has seven days to comply with the notice from the tenant. If the landlord does not comply, the tenant can end the rental agreement early.
If the conditions in the unit require repair but the unit is still livable, the tenant may withhold part of the rent pending repairs. However, the withheld portion of the rent must be proportional to the loss in value of the rental unit in its state of disrepair.
The tenant must notify the landlord of the defect and give the landlord at least seven days to comply. If the landlord does not comply, then the tenant can withhold part of the rent.
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SECTION 4
Landlords must ensure that the rental property they supply complies with state and local building and health codes. The building must be habitable and pose no threat to the inhabitant’s health or safety. If there are no applicable building codes, the landlord must keep the exterior and structural foundation in a condition that can withstand normal forces and loads.
Additionally, landlords must ensure screens are well maintained and are required to repair any screen damage once per year. What is more, the landlord must ensure the plumbing is in working order.
For landlords of apartment buildings, there are a few additional responsibilities that owners of SFH’s and duplexes are not required to abide by. These additional responsibilities for landlords of apartment buildings include:
Landlords must ensure that the rental property they supply complies with state and local building and health codes. The building must be habitable and pose no threat to the inhabitant’s health or safety. If there are no applicable building codes, the landlord must keep the exterior and structural foundation in a condition that can withstand normal forces and loads.
Additionally, landlords must ensure screens are well maintained and are required to repair any screen damage once per year. What is more, the landlord must ensure the plumbing is in working order.
For landlords of apartment buildings, there are a few additional responsibilities that owners of SFH’s and duplexes are not required to abide by. These additional responsibilities for landlords of apartment buildings include:
Landlords of apartment buildings must install working smoke detectors in the rental unit.
The landlord and tenant can mutually agree that the tenant is responsible for some of the items listed above. However, this agreement must be stipulated in the lease agreement. If it is not stated in the contract, the landlord will be held responsible for all of the above repairs and maintenance.
Should a landlord not fulfill his duty of repair tenants have two possible remedies they can pursue to remediate the issue.
SECTION 5
Landlords must provide, before the commencement of the tenancy, the name and address of the landlord or a person authorized to receive notices and communications and demands o the landlord’s behalf. (83.50(2))
The landlord is not responsible for any personal property that is left on the premises after the death of the tenant if they include the following clause in their agreement:
“By signing this rental agreement, the tenant agrees that upon surrender, abandonment, or recovery of possession of the dwelling unit due to the death of the last remaining tenant, as provided by Chapter 83, Florida Statutes, the landlord shall not be liable or responsible for storage or disposition of the tenant’s personal property.” (83.67(5))
Landlords may not include clauses in the lease that contradictor force parties to forfeit rights, remedies, requirements, or liabilities set forth by law. (83.47)
Landlord shall not prevent the tenant from displaying a United States Flag (83.67(4)).
Landlords cannot retaliate against tenants for exercising their rights, such as filing a complaint to a government agency for a health violation or building code violation, participating in a tenants’ organization, notifying the landlord that they intend to move out, or withholding rent should repairs not be completed within seven days.
Retaliation is seen as an act of punishment in response to the tenant exercising their rights. For example, raising the rent, filing for eviction, or reducing services.
A landlord can counter claims of retaliation by showing that the eviction is in good cause with a showing of:
Lead Paint: If the property was constructed before 1978, federal law requires landlords to disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling before the tenant signs the lease or rental agreement. The landlord also must give the tenant a copy of the federal government’s pamphlet, Lead Poisoning Prevention Pamphlet.
Radon: Notification shall be provided on at least one document, form, or application executed at the time of, or before, contract for sale and purchase of any building or execution of a rental agreement for any building. Landlords must notify new tenants of the following notice regarding radon:
“RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.”
(404.056(5))
SECTION 6
Below we have collated references to areas of Florida rules and regulations that are often referenced and govern issues related to rental property management and landlord-tenant law.
SECTION 7
Below you will find helpful Florida landlord-tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
