Florida Landlord Tenant Law

Florida Landlord Tenant Law Explained – Rights And Protections For Both Landlords And Tenants

Landlord-tenant laws exist to protect the rights of both landlords and tenants, ensuring that they can coexist in a mutually beneficial manner while avoiding unnecessary conflicts. These laws apply to every rental agreement in the state of Florida, whether it’s a residential or commercial lease. From application procedures and rent payments to eviction procedures and security deposits, landlord-tenant law in Florida can be quite complex. But understanding these laws is essential for both sides to avoid disputes and legal battles. So let’s take a look at Florida landlord-tenant law in detail.

The Florida Landlord Tenant Act

In Florida, the primary governing legislation is the Florida Residential Landlord and Tenant Act (FRLTA). It sets down legal requirements for landlords and tenants in all aspects of renting a property, including leases, notices, property conditions, and evictions. The FRLTA defines terms and conditions of rental agreements and provides guidelines for resolving disputes between parties. Additionally, Florida has specific laws that govern commercial leases. The following points are an overview of the key provisions of the FRLTA that every landlord and tenant should know.

Application Process

In Florida, landlords can charge an application fee to run background and credit checks on prospective tenants. However, the fee must be reasonable and widely commensurate with the actual cost of carrying out these checks. The law also prevents discriminatory practices regarding prospective tenants. Landlords cannot refuse to rent to tenants based on race, gender, national origin, age, marital status, or any other form of discrimination.

Security Deposits

Florida law limits the amount of security deposit that a landlord can request from a tenant. According to FRLTA, landlords can collect a security deposit equal to the amount of one month’s rent or $1,000, whichever is greater. However, the landlord cannot impose a non-refundable deposit or charge any other fees to secure a rental property. Furthermore, the landlord must return a tenant’s security deposit within 15-60 days of the tenancy’s termination unless they have a legal justification for withholding some or all of the deposit.

Rent Payment And Rent Increases

The terms and conditions of rent payments and rent increases must be clearly defined in the lease agreement. The landlord cannot change terms arbitrarily without providing a reasonable notice period. The legal rental due date in Florida is not specified in FRLTA. However, most landlords require rent to be paid on the first of the month. If the tenant fails to pay the rent as agreed, the landlord can serve a notice of default with a three-day deadline to remedy the situation or vacate the property.

Landlord Obligations
Under Florida Law, Landlords Have Several Ongoing Obligations To Follow During The Tenancy. Some Of These Obligations Are:

– Maintaining a safe and habitable premises: The landlord must ensure that the rental unit meets certain health and safety standards. The property must be free of any hazards or defects that could threaten the tenant’s health or safety.
– Repairs and Maintenance: The landlord is responsible for maintaining the rental property in good repair, including any equipment or appliances that are provided. Tenants must report any repairs needed to the landlord as soon as possible.
– Water and waste disposal: The landlord is responsible for providing clean and adequate water as well as proper waste disposal facilities. Landlords also need to provide hot water facilities.
– Pest Control: Landlords must ensure that the property is free of pests and if there is a pest issue they should hire a qualified pest removal professional to handle it.
– Notice before entry: The landlord must give reasonable notice before entering the rental property. A notice period of at least 12 hours is recommended.

Tenant Obligations
Tenants Also Have Obligations To Follow During The Tenancy:

– Payment of rent: The tenant must pay rent on time and in full as per the lease agreement.
– Keeping the property clean: The tenant must keep the rental unit and the surrounding areas clean and free of hazardous or unsanitary conditions.
– Not causing damage: The tenant must not cause any damage to the rental property, and if there is damage, they must inform the landlord immediately.
– Not disturbing neighbor’s Peace: Tenants must not cause noise, disturbances, or damage to the property that could cause disturbances to other tenants in the building.
– Compliance with Lawful Rules: The tenant must comply with the reasonable rules and regulations specified in the lease agreement.

Lease Termination

The Florida Landlord Tenant Act defines the landlord and tenants’ rights when ending the rental agreement’s terms. The notice period for lease termination varies depending on various factors, like the length of residency, whether the lease is periodic, or if the tenancy involves rented space. Some of the common notice periods are:

– One week’s notice for weekly rentals.
– One month’s notice for monthly rentals.
– 2 months’ notice for tenants who are leasing annually.

Evictions

In Florida, landlords can only evict tenants by following the proper legal procedures. The legal basis for eviction can be or not limited to unpaid rent, lease violation, or expiration of lease terms. The landlord must provide written notice of eviction to the tenant, and eviction demands will also be served in most cases. The eviction notice period is a minimum of three days after the tenant has failed to comply with the terms of the lease housing agreement. Additionally, eviction notices must include specific language required by law, including date and time of requested vacate, names of parties involved, and FRLTA section numbers invoked.

Conclusion

Right from screening potential tenants to handling eviction notices, the Florida Landlord Tenant Act provides both the landlord and the tenant with rights and protections. All parties should be aware of the Act’s key provisions and lease agreement language to avoid possible conflicts. While the Act has specific laws, there might be other regulations like local or municipality ordinances that impact rental agreements. In case of any disputes, both landlords and tenants must seek legal help from a licensed attorney for proper dispute resolution. By following the state’s laws, landlords, and tenants can maintain a healthy and mutually beneficial relationship with their rental agreement.