In Florida, the relationship between a landlord and a tenant can be established in any of three ways. That is, if the agreement is made orally, in written form, or once the landlord accepts a rent payment.
Once a landlord-tenant relationship is established, a renter gains certain rights. For example, the right to live in a safe and habitable rental property and the right to a proper eviction process.
As a landlord, 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.
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.
Required Landlord Disclosures
As a landlord in Florida, you have a responsibility to make certain disclosures to your tenant before they agree to rent your home. They include:
- Disclosure on the use of lead-based paint. Was your rental property built prior to 1978? If so, federal law requires that you make that information to your tenants. That’s because the use of lead-based paint prior to 1978 was commonplace. Lead-based paint has been found to be a health hazard.
- Disclosure on the use of radon gas. You must make this disclosure if radon gas is present or near your rental property. The state of Florida requires that the disclosure include a language that details the nature and hazards linked with inhalation of radon gas.
- Disclosure on where you’re holding your tenant’s security deposit. This is a requirement for landlords who have more than 5 individual dwelling units
- Disclosure on the authorized authorities. You are also required to provide your tenants with information regarding the owner of the property. Additionally, you must also let your tenant know of any agents certified to act on their behalf
Rights & Responsibilities of Tenants in Florida
The following are the basic renters’ rights in the state of Florida. The right to:
- Live in a habitable rental property
- Enjoy the property in peace and quiet
- To have repairs done within a reasonable period and the right to withhold rent or “repair and deduct” when repairs are delayed
- Remain in the property until the landlord has followed the proper eviction process
- Be treated respectfully and fairly
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The following are the responsibilities tenants have in the state of Florida.
- Pay rent on time and without delays
- Take good care of their rented premises as per the requirements of the agreement
- Respect other tenants and neighbors in regard to their right to peace and quiet. For example, by not throwing large, noisy parties.
- Keep all dwelling fixtures—such as electrical and plumbing—clean and sanitary as well as using them reasonably
- Not cause negligent or careless property damage
Rights & Responsibilities of Landlords in Florida
As a landlord in Florida, the following are some of the rights you have. You have a right to:
- Enter rented premises to carry out important responsibilities
- Make changes to the terms of the lease agreement. You must, however, notify your tenant beforehand
- Evict a tenant for causing gross violation to the terms of the lease agreement. For example, refusal by your tenant to pay rent
- Enforce the terms of the lease agreement, such as enforcing a late fee
When it comes to responsibilities, they are as follows.
- Provide habitable living spaces in accordance with Florida’s implied warranty of habitability
- Respond to maintenance requests on time
- Treat tenants with respect and fairness
- Store tenants’ security deposits as per the security deposit law
- Notify tenants prior to entry
Overview of the Florida Landlord-Tenant Law
1. Rent Withholding
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.
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.
2. Tenant Eviction
As a landlord, you have a right to evict a tenant for violating any one term of the lease agreement. Common reasons for eviction include nonpayment of rent and excessive property damage.
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.
3. Fair Housing Act
Among the many legal obligations you have as a landlord in Florida is adhering to the Fair Housing Act. You must treat all tenants (prospective and existing) with respect and fairness in all matters.
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.
4. Security Deposits
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.
5. Early Lease Termination
In Florida, a tenant can only break their lease early under certain circumstances. They include:
- If there is an early termination clause in the lease agreement
- If the tenant is relocating to start an active military duty
- In the case of safety or health violation
- If there is a privacy violation or landlord harassment
As a landlord, the only way you can terminate your tenant’s lease is when they break a term.
Bottom Line
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 property.
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.