IMPORTANT FLORIDA LANDLORD-TENANT LAWS
tenant rights in Florida may differ from other states
Below you will find a summary of Florida's Landlord/Tenant Law
Under landlord-tenant laws in Florida, a person is a tenant when they pay rent to live in any dwelling. Even if there is no formal, written agreement in place, they are a tenant and have tenant protection in Florida.
The landlord's responsibilities under Florida law include:
Allow tenants the private, peaceful possession of the property
Ensuring the dwelling is in good, habitable condition
Ensure the building meets local health, building, and safety codes
Install working smoke detectors
Florida landlord-tenant laws require that tenants:
Keep the dwelling clean
Not damage the property
Ensure they and their guests do not disturb the peace locally
Use all services provided in a reasonable manner
States laws differ on deposits and legal proceedings when things go wrong. It's important to follow the rules to a tee to ensure any legal proceedings go smoothly.
Security Deposits
In common with many other states, landlord-tenant laws in Florida do not limit security deposits. However, state law dictates how the security deposit must be stored and what deductions are allowable.
At the end of the tenancy period, the landlord must return the deposit in full. Alternatively, within 30 days, he must provide written notice detailing how much of the deposit he will keep and why.
The tenant has 15 days to dispute the claim. After this, the landlord must return the balance within 30 days of the initial notice.
RENT
Unless otherwise agreed, rent is payable without demand or notice; periodic rent is payable at the beginning of each rent payment period; and rent is uniformly apportionable from day to day.
Tenant’s obligation to maintain dwelling unit
At all times during the tenancy, a tenant shall:
Comply with all building, housing and health codes and keep the dwelling clean and sanitary;
Remove garbage from the dwelling in a clean and sanitary manner;
Keep plumbing fixtures clean and in good repair;
Not destroy, deface, damage, impair or remove any part of the premises or property belonging to the landlord, nor permit any person to do so;
Conduct themselves and require their guests to conduct themselves in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace; and
Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators.
Termination of Tenancy
The landlord must serve the tenant a written notice allowing three days, excluding weekends and legal holidays, for the payment of the rent or vacating of the premises. If the tenant does not pay the rent or vacate, the landlord may begin legal action to evict.
For the landlord to gain payment of rent or possession of the dwelling, they must file suit in county court. The clerk of the county court will then send the tenant notification by summons. The tenant must meet the requirements outlined in the summons within the time frame cited. Failure to meet these requirements may result in a judgment being entered against you. The clerk of the county court will then issue a “Writ of Possession” to the sheriff, who will notify you that eviction will take place in 24 hours.
Landlord Access to the Property
The tenant shall not unreasonably withhold consent to the landlord to enter the rental unit from time to time to inspect the premises.
The landlord may enter the rental unit at any time for the protection or preservation of the premises.
The landlord may enter the rental unit on reasonable notice to the tenant and at a reasonable time to make repairs to the premises. “Reasonable notice” is defined as 12 hours prior to entry, and "reasonable time" is defined as between the hours of 7:30 a.m. and 8 p.m.
The landlord may also enter under any of the following circumstances:
With the consent of the tenant;
When the tenant unreasonably withholds consent;
In case of an emergency; or
When the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.
The landlord shall not abuse the right of access or use it to harass the tenant.
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