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An Essential Guide to Landlord Tenant Laws in Florida

System - Tuesday, October 26, 2021
Property Management Blog

Renting out a unit in the sunshine state can be all smiles when everyone follows the law. Landlord-tenant laws in Florida protect both sides and help tenancies go smoothly.

If you're an Orlando landlord, it's important to understand your responsibilities. You also need to understand tenant rights in Florida, which may differ from other states.

Let's dive into what you need to know about landlord-tenant laws in Florida.

Important Florida Landlord-Tenant Laws

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.

Termination of Tenancy

In Florida, tenants may be evicted for non-payment of rent. Tenants rights in Florida allow the tenant 3 days to pay any overdue rent. The landlord must serve the tenant with a written notice to this effect, requiring them to pay the rent or vacate the premises.

If a landlord feels that a tenant has violated the terms of the lease or rental agreement, he must inform them in writing. This notice must inform them of the specific problem and give them a reasonable amount of time to correct it.

Only if this approach fails, can the landlord then pursue the matter in court.

Landlord Access to the Property

Landlords do not have unfettered access to their rentals. The landlord may enter at any time with the tenant's permission. He may also enter in case of emergency, or to protect or preserve the premises.

Under normal circumstances, a landlord must give at least 12 hours' notice before entering the property. This must be done at reasonable times. Florida state law defines these as between 7:30 am and 8 pm. 

The Bottom Line: Landlord-Tenant Laws in Florida

Landlord-tenant laws in Florida can help you ensure your rental does its job. Tenants are happy knowing they're protected. You have the reassurance of knowing what to do if things go wrong.

Take all the headache out of managing your rentals. At HomeRiver Group Orlando, we offer expert local property management services. A national firm with a local touch, we'll take care of every part of the property management process for you.

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