What rights do tenants have in Florida?

Tenants in Florida have several rights protecting their ability to be evicted, their ability to inspect property before moving in and out, and to terminate a leasing agreement if a landlord does not comply with landlord-tenant law

What is the landlord-tenant law in Florida?

Florida landlord-tenant law governs the rights and responsibilities of landlords and tenants for property in Florida, both residential and commercial.

How much notice is a landlord required to give to a tenant in Florida?

A landlord must give at least thirty days' notice before the end of the monthly period, informing them of the end of their tenancy. In cases where tenants violate landlord-tenant law, the landlord must provide three days' notice for the tenant to vacate the property.

What are the new rules for landlords in Florida?

Landlords are now required to give thirty days' notice before ending a tenancy, as opposed to the previous fifteen. Landlords are also allowed to request a monthly fee from a tenant instead of a security deposit.

Can a landlord enter without permission in Florida?

A landlord must give reasonable notice before entering a tenant’s property. Tenants cannot unreasonably obstruct a landlord from entering the property.

Can a landlord evict you without a lease in Florida?

Without a leasing agreement signed by both parties, a landlord can evict a tenant without any due reason, provided they have given the tenant a thirty-day notice.

Landlord/Tenant Law - Ludwin Law Group

Introduction

Whether it’s for residential or commercial property, the law governing landlords and their tenants can be complex to navigate. Florida landlord-tenant law dictates the rights and duties of both parties for residential and commercial agreements. Without fully understanding these laws, landlords and tenants can become victims of broken leases and contracts. Thankfully, even if you are facing a difficult rental situation, you do not need to know every single aspect of Florida landlord-tenant law. Instead, by consulting with a landlord-tenant law firm, such as Ludwin Law Group, you can hire qualified legal professionals to assist you in your case, whether it involves a pending eviction, difficult tenant, or any other matter of residential and commercial property. We can help landlords draft leasing agreements that comply with Florida landlord-tenant law. For tenants, we can help you understand your rights before you sign a contract.

Below is an overview of Florida landlord-tenant law to familiarize you with the basics. If you need consultation for your case, you can reach us by phone at (561) 455-4455, or by sending us a message on our website.

What Are the Landlord-Tenant Laws in Florida?

Landlord-tenant law in Florida covers a range of responsibilities and rights for both landlords and tenants. Some of the key laws for landlords include:

Landlords are required by Florida landlord-tenant law to disclose their address and the location of the deposit, or otherwise the name and address of the individual authorized to act on the landlord’s behalf.
A landlord must store a tenant’s deposit in either an interest or non-interest-bearing account or a surety bond.
A landlord must send a written notice to a tenant within thirty days of receiving their deposit; this notice must include the name of the bank where the deposit is held, the interest rate it is held at, and the means of delivery of the notice.
Landlords must inform the tenant of any potential health hazards (including bedbugs, mold, and lead paint) and any information regarding the installation and maintenance of security alarms and smoke detectors.
Landlords must adhere to the applicable standards of housing and health codes; if there are none, the landlord must maintain the plumbing, roofing, flooring and other foundations in working order.
Landlords have no obligation to cover a tenant’s utilities but are free to do so.

Laws for tenants include:

Tenants have a right to compile a damages record of the property before moving in.
Tenants have a right to be present at the last property inspection before moving out.

Tenants must adhere to the applicable standards of housing and health codes; if there are none, they are still obligated to keep the property in sanitary condition.
Tenants must not intentionally damage or deface any property of the landlord, or allow any other persons to do so intentionally.
Tenants must require all guests to maintain proper conduct and not greatly disturb neighbors or neighboring buildings.
Tenants can not withhold a landlord’s consent to inspect the premises periodically, within reason.

If a landlord does not comply with their responsibilities, the tenant must notify them in writing of their violations of landlord-tenant law. If the landlord does not respond to this request within seven days, the tenant may terminate the leasing agreement wholesale. Tenants may also be able to withhold rent in response to a non-compliant landlord, but this depends on the nature of the violation

If a tenant does not comply with Florida landlord-tenant law, the landlord must serve the tenant a written notice providing three business days for the tenant to either pay the rent or vacate the property. Should the tenant refuse or be unable to do so, the landlord can then begin legal action to evict. A landlord cannot force a tenant’s eviction by turning off utilities, changing locks, or removing personal property; such actions can result in legal action against the landlord.

The information above reflects the general rights and responsibilities of landlords and tenants under Florida law. When dealing with a leasing dispute, it is best to consult a qualified landlord-tenant law firm, such as Ludwin Law Group. They will help you understand the full extent of your responsibilities as a landlord or tenant, and understand what rights you may have in cases of eviction.

Florida Landlord Representation

Some of the cases that landlords require legal representation for under Florida landlord-tenant law include:

Assessing property for potential leasing
Dealing with tenants for large commercial property
Dealing with a disruptive tenant
Filing an eviction notice against a tenant
Drafting a leasing agreement
Handling a breach in a leasing agreement
Collecting damages for defacement of landlord’s property
Managing unlawful constructions or additions to property

Florida Tenant Representation

Some of the cases that the tenants require legal representation for under Florida landlord-tenant law include:

Negotiating lease agreements with landlords
Reviewing and auditing lease documents
Managing construction for commercial properties
Dealing with an eviction notice
Auditing income and operating expenses for landlords of commercial property
Unlawful terminations of services by a landlord
Planning redevelopments and expansions to commercial property
Concerns about health and safety hazards on leased property

Ludwin Law Group can assist you in many of these cases, amongst others. Send us an inquiry via our online form to learn how we can handle your case.

Differences Between a Lease and a Rental Agreement

It’s important to recognize the difference between a leasing agreement and a rental agreement.

A leasing agreement is a long-term contract between a landlord and a tenant, usually lasting at least six months. It outlines all expectations and responsibilities between the landlord and the tenant, both within and outside the jurisdiction of Florida law. Leasing agreements are fixed contracts, and cannot be modified without written consent from both the landlord and the tenant. A rental agreement is a short-term contract between a landlord and tenant, usually lasting no more than thirty days, although most rental agreements are renewed automatically at the end of each period. Like a leasing agreement, a rental agreement outlines the rights and responsibilities each party has but, unlike a leasing agreement, a rental agreement can have its terms modified by the landlord at any time, without consent from the tenant. Because of this, you should always stay up-to-date on the terms of any rental agreement you sign.

Ludwin Law Group can help you with both leasing agreements and rental agreements. Our attorneys can draft a leasing agreement in compliance with Florida landlord-tenant law, and comb through a rental agreement for any unlawful changes.

FAQs

What rights do tenants have in Florida?
Tenants in Florida have several rights protecting their ability to be evicted, their ability to inspect property before moving in and out, and to terminate a leasing agreement if a landlord does not comply with landlord-tenant law
What is the landlord-tenant law in Florida?
Florida landlord-tenant law governs the rights and responsibilities of landlords and tenants for property in Florida, both residential and commercial.
How much notice is a landlord required to give to a tenant in Florida?
A landlord must give at least thirty days’ notice before the end of the monthly period, informing them of the end of their tenancy. In cases where tenants violate landlord-tenant law, the landlord must provide three days’ notice for the tenant to vacate the property.
What are the new rules for landlords in Florida?
Landlords are now required to give thirty days’ notice before ending a tenancy, as opposed to the previous fifteen. Landlords are also allowed to request a monthly fee from a tenant instead of a security deposit.
Can a landlord enter without permission in Florida?
A landlord must give reasonable notice before entering a tenant’s property. Tenants cannot unreasonably obstruct a landlord from entering the property.
Can a landlord evict you without a lease in Florida?
Without a leasing agreement signed by both parties, a landlord can evict a tenant without any due reason, provided they have given the tenant a thirty-day notice.