Florida Statute Chapter 83 dictates that a landlord-tenant relationship is established after the landlord accepts rent from the tenant. The rental agreement that decided the terms of the lease can either be written or oral. These two types of rental agreement do provide different legal rights to both the landlord and tenant.
Once a landlord-tenant relationship is established, both parties to the lease obtain certain rights and responsibilities. For example, as a landlord, you obtain the right to enter the rental unit to carry out important landlord duties. However, you must balance your exercising this right with your tenant’s right to peace and quiet living.
These legal rights exist regardless of the terms outlined in the lease. If the landlord or tenant fails to provide the opposite party with their rights for the tenancy, it is grounds for a poor Landlord-Tenant relationship.
This article will help you learn about the basics of Florida landlord-tenant provisions and allow you to prevent potential misunderstandings or legal issues throughout your time as a landlord.
Required Landlord Disclosures in Florida
A Florida tenant has a right to be provided with certain disclosures prior to renting a property. The following is the information you must provide to any applicant who’s shown interest in renting your premises.
Lead-Based Paint
For rental properties built in 1978 and prior, Florida law requires that you provide your tenant with information regarding the use of lead-based paint at the beginning of their tenancy.
Property Owner and Managers
You must provide your tenant with the property owner’s name and address.
In addition, you must also state any intermediaries, or property managers, that are certified to act on behalf of the property owner.
Security Deposit Storage
You must disclose how you’re storing your tenant’s security deposit if renting out at least 5 units.
Radon Gas
You must also provide your tenants with information regarding radon gas regardless of whether it is present on your property.
Florida Tenant Rights & Responsibilities
Each Florida landlord shall respect their tenants' right to:
- Live in a safe, sanitary, and habitable home and keep their personal property in the dwelling.
- Live free from any form of discrimination or unlawful termination on the basis of a protected characteristic.
- Have requested repairs completed within a period of 7 days.
- Enjoy the rental in their possession in peace and quiet in accordance with the Implied Covenant of Quiet Enjoyment.
- Remain on the premises adn keep personal property there until the landlord has followed the proper legal Florida eviction process.
The following are the basic responsibilities for renters in the state of Florida.
- Pay rent on time and not withhold rent for future rent payment periods.
- Respect the peace and quiet of neighbors by not making unnecessary noise.
- Care for the premises in their possession.
- Notify the landlord of any maintenance or repair issues.
- Give the landlord proper notice before moving out.
- Comply by all the terms of the written rental agreement.
Florida Landlord Rights & Responsibilities
As a landlord in Florida, you have the following rights under Chapter 83 of Florida Statutes. Landlord rights in Florida allow you to:
- Enter the premises, with their consent and with notice, to perform important duties.
- Enforce the terms of the lease agreement.
- Process the eviction of a tenant for violating the agreement and retake possession of the dwelling.
- Screen tenants as long as your criteria are free from any bias on the basis of a protected class.
- Require a tenant to pay a security deposit prior to moving in and taking possession of the dwelling.
- Collect rent each month
Some of the basic duties landlords have in Florida include.
- Abide by the state’s health and safety codes.
- Make requested repairs within 7 days after being notified.
- Follow the proper eviction process when breaking a lease agreement for a lease violation.
- Treat any tenant respectfully, equally and fairly in accordance with Florida Fair Housing laws.
- Handle your tenant’s security deposit in accordance with the state’s security deposit provisions.
- Respect your tenant's right to peace and quiet.
Overview of the Florida Landlord-Tenant Laws
Habitability Law
Florida law requires that landlords provide their tenants with a habitable home to rent. That is, a home that abides by the state’s safety, health, and building codes. Habitability laws specifically requires a landlord to ensure the following:
- Sanitation facilities, including toilets, sinks, bathtubs and showers are working as they should be.
- Plumbing and electrical systems are working as intended.
- HVAC systems are working properly.
- There is both hot and cold running water.
- The walls and roof are properly waterproofed and are free from leaks.
- Doors and windows are in a good state of repair.
In addition to state-level laws, it’s also important to abide by local housing ordinances. So, be sure to check your county or city level regulations for any additional requirements you may need to follow as a landlord in order to comply with tenancy rights.
Landlord Entry
Landlords cannot enter their tenant’s home without reason or proper notice. If a landlord fails to provide reasonable notice to a tenant before entering the premises, they are violating the rights of the renter. Florida statutes require that you serve a 12 hours advance notice of their intention prior to entering the rental. The only exception to the advance notice requirement is when an emergency threatens the unit’s inhabitants.
Unlike in other states, Florida’s privacy provisions don’t specify the hours that a landlord may enter the rental premises. We recommend only entering the rental during reasonable hours to ensure you can maintain a good relationship with your tenants.
Small Claims Courts
Landlord-tenant disputes can be inspired by many things such as unpaid rent, a rocky lease termination, or security deposit deductions. Both the landlord and the tenant can seek legal redress in a small claims court as long as the lawsuit doesn’t exceed $5,000.
In cases where there is a written lease agreement, the statute of limitations is 5 years. However, for oral lease agreements, the statute of limitations is 4 years.
Landlord and tenant are responsible for paying any money relating to their own court costs, should small claims court be necessary to settle a dispute.
Housing Discrimination
Florida residents are protected from discrimination by the Florida Fair Housing Act. These protected characteristics include race, color, nationality, sex, religion, disability, familial status, genetic information, HIV/AIDS diagnosis, sexual orientation and gender identity.
The act applies to most housing types, including single-family homes, condos, apartments, homeowners’ associations, and mobile home parks.
The state’s organization responsible for investigating housing discrimination in Florida is the Florida Commission on Human Relations.
Rent Increase Law
A Florida residential landlord shall charge any amount of rent they’d like. This is because the state doesn’t have any rent control regulations in place. You can also raise rent prices for any reason and do so as often as you like.
However, landlords must serve their tenant written notice of the intention to increase rent, and the new amount tenants will be expected to pay. The kind of notice you’ll need to provide will depend on how frequently your tenant is paying rent.
Bottom Line
While remaining up to date on Florida Landlord-Tenant Laws is critical to your success as a Florida landlord, monitoring legal amendments and keeping track of mandatory disclosures can be difficult when you’re self-managing your rental. Fortunately, Stringer Management can help!
Stringer Management is a full-service property management company in Florida. We have been serving landlords in Sarasota, Manatee, and Charlotte county for 31 years.
Get in touch with us to learn more about our comprehensive property management services!
Disclaimer: This blog isn’t a substitute for professional legal advice from a qualified attorney. Laws are subject to change at this article may not be fully updated at the time you read it. If you have a specific question related to Florida Landlord-Tenant law please reach out to a licensed attorney.
