Landlord/Tenant
Landlord/Tenant law in Florida revolves around the Florida Residential Landlord and Tenant Act and Chapter 83 of the Florida Statutes. When a person pays rent to live in a house, apartment, condominium or mobile home, the renter becomes a tenant governed by Florida law. It does not matter whether the rental is of a apartment, house, condominium or mobile home, or if the landlord is a private person or a corporation. These facts are true even when there is no written “lease” agreement.
A tenant has certain rights and responsibilities under Florida law. These are specified in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act. A tenant in federally subsidized rental housing has rights under federal law, as well. If there is no written lease, these laws regulate the tenant’s rights.
We recommend a written lease for landlords or tenants as it helps answer some of the grey areas of the law and leave s everyone feeling more certain. If there is a written lease, it should be carefully reviewed and understood before signing. The Florida Residential Landlord Tenant Act prevails over what the lease says, but the lease can set many additional rules on the tenant.
Outside of the language in a rental contract, Florida statutes regarding landlords and tenants are codified under Chapter 83 of the Florida Statutes. These laws outline the rights and responsibilities of both landlords and tenants, covering various aspects of the landlord-tenant relationship. Some of the common issues that are covered by Florida Statute include:
Security Deposits (Section 83.49): Florida law specifies the rules for handling security deposits. Landlords are required to return the deposit within a specific timeframe (typically 15 to 60 days) after the tenant vacates the premises. The law also outlines the conditions under which a landlord can deduct from the security deposit and mandates the provision of an itemized list of deductions.
Repairs and Maintenance (Section 83.51): Landlords have an obligation to maintain the premises in a habitable condition. If the landlord fails to make necessary repairs, tenants may have specific remedies, including the right to withhold rent under certain conditions or terminate the lease. Landlords are generally required to respond promptly to repair requests.
Termination of Tenancy (Section 83.56): The statute sets forth the procedures for terminating a tenancy, including notice requirements for both landlords and tenants. It covers situations such as non-payment of rent, material breaches of the lease, and other circumstances that may warrant eviction.
Access to the Rental Property (Section 83.53): Landlords must provide reasonable notice before entering a tenant's dwelling, except in emergencies. The statute defines the permissible reasons for entry, such as making repairs or showing the property to prospective tenants.
Retaliation (Section 83.64): The law prohibits landlords from retaliating against tenants for exercising their legal rights, such as complaining about housing code violations or participating in tenants' associations. It establishes a rebuttable presumption of retaliation if adverse action occurs within a specified timeframe after a protected activity.
Landlord's Liens (Section 83.49): Landlords may have a lien on a tenant's personal property left on the premises for unpaid rent or other charges. The statute outlines the procedures for enforcing this lien.
Our office strongly recommends to our clients, both potential landlords and tenants, to have a clearly written set of documents outlining which party is responsible for which obligations. Important issues such as rent amount, late fees, cleaning responsibilities, and termination of the rental must be clearly written and agreed upon. Contact us today for a review of your case!