In Florida, the relationship between a landlord and a tenant can be established in any of three ways. That is, if the rental agreement is made orally, in written form, or once the landlord accepts a rent payment or a security deposit.
Under the Florida landlord-tenant laws, once a landlord-tenant relationship is established, a renter gains certain rights. For example, the right to live in a safe and habitable rental premises and the right to a proper eviction process and return of their security deposit.
As a landlord under Florida law, you also obtain certain rights. For instance, the right to receive timely rent payments and the right to be reimbursed for costs of fixing excessive property damage. Landlords should give written notice of any repairs needed.
Are you starting out as a landlord? Are you looking to learn more about your rights and responsibilities? If so, here’s a basic overview of Florida’s landlord-tenant law.
As a landlord in Florida, you have a responsibility to make certain disclosures to your tenant before they agree to rent your home. If a landlord fails to do this, it can spell trouble. They include:
The following are the basic renters’ rights in the state of Florida. The right to:
The following are the responsibilities tenants have in the state of Florida.
As a landlord in Florida, the following are some of the rights you have under Florida law. You have a right to:
When it comes to responsibilities under the Florida landlord-tenant law, they are as follows.
Tenants in Florida have a right to withhold rent when it comes to repairs and maintenance. That’s because tenants have a right to live in habitable rental premises that’s in accordance with the state’s health and safety codes in the dwelling unit.
Once a tenant notifies you of a maintenance issue, you have 7 days to respond. If you don’t, your tenant can withhold their rent until you do so. Your tenant could also choose to repair the issue themselves and then deduct the costs of doing so from rent. Court costs can also add up, so try to prevent it.
As a landlord, you have a right to evict a tenant for violating any one term of the rental agreement. Common reasons for eviction include nonpayment of rent and excessive property damage. A Florida residential landlord and tenant must follow eviction laws.
For the eviction to be successful, you must strictly follow the statewide eviction process. Otherwise, the eviction will fail and you may need to start over again.
And just like other states, all forms of “self-help” evictions are illegal. You cannot do things like remove your tenant’s belongings or lock them out of their apartment. That would be illegal and you could possibly get sued.
Among the many legal obligations you have as a landlord in Florida is adhering to the Fair Housing Act. You must treat each tenant (prospective and existing) with respect and fairness in all matters within the rental agreement.
There are 7 protected classes at the federal level: race, color, gender, religion, disability, familial status, and national origin. Florida has additional protections including sexual orientation and HIV/AIDS diagnosis.
Tenants in Florida have certain security deposit rights protected under the statewide landlord-tenant law. As a landlord, you must follow all the rules including, in the storing and return of tenants’ security deposits.
In Florida, a tenant can only break their lease early under certain circumstances. They include:
As a landlord, the only way you can terminate your tenant’s lease is when they break a term.
When you’re a landlord in Florida, it’s always best to know the law. If you’re still unsure about anything, feel free to give Suncastle Property Management a call today and learn what we can do for your investment.
Disclaimer: This information isn’t intended to be used as a substitute for professional legal advice. Laws change and this information may no longer be up to date when you read it. If you have a specific question or need help with any other aspect of property management, Suncastle Property Management can help.