LANDLORD & TENANT LAW IN FLORIDA

How Will the ‘Renters' Bill of Rights’ Affect You?

 

Osceola County Association of Realtors® (OSCAR) have been strong advocates of affordable housing and private property rights since they were established in 1924. Today, the Association has over 5,400 members that work with buyers, sellers, landlords, and tenants to deliver the American Dream across the county. 

39.15% of households in Osceola County are occupied by tenants. OSCAR is committed to educating the public about assistance programs, laws, and regulations that are in place for tenants, under Florida Statutes.  On this page, you will find a summary of Florida’s Landlord/Tenant Law.  This summary is not intended for the use of providing legal advice.  Please refer to Title VI: Chapter 83, Florida Statutes (F.S) You can find a full readout of the Statute here.

WHAT TO KNOW BEFORE YOU RENT:

Scams

• While searching online, it is important to ensure that you do not offer any personal information, deposits, or commitments to a potential landlord prior to confirming the listing is legitimate. Finding and securing a unit to rent can be a challenging and timely process, however, tenants should, if possible, arrange a walk-through of the premise to identify any issues or problems that will need to be addressed prior to occupying the unit and avoid the risk of a rental scam.   Red Flags that can alert you that a rental property listing is a scam include:

  1. Not wanting to meet in person. A professional landlord will ensure that you are able to meet in person or digitally to validate your information.  If they are rushing you for information, it is a potential scam.
  2. Request you to Move-In Immediately, prior to inspecting the property. Many rental scams include individuals advertising a property that they do not actually own or have access to.  If the landlord asks you to inspect the property alone or without them present, this can also be a scam. 
  3. The Price is Too Good. The rental market has been competitive in Florida so any rental units that are well under market rate should be a red flag.  Research the area and prices to determine what is the fair market rate.
  4. No Background Check. Successful and professional Landlords rely on good tenants to ensure on-time payments, safety, and low turnover rates, so a landlord that is not requiring a screening process is a red flag. 
• If you feel you are a victim of a rental scam:
  • Contact Local Authorities
  • Contact the Listing website
  • Report to the Federal Trade Commission

The Lease 

• A rental agreement, or lease, is a legal document to rent the property. A Lease can come in many forms, lengths, and templates but will include important information regarding the terms and conditions of the lease.  Information such as:

  - Landlord & Tenant's Name	- Property Description	- Tenancy Terms(length)	- Every Occupants Name	- Monthly Rent
  - Security Deposits	- Any Fees Associated	- Sublease or assignments	- What is included in the lease	- Pet Clause
  - Tenant's Duties	- Landlord's Duties	- Grounds for Eviction	- Conditions if Lease is Broken	- Utilities
  - Renewal Information	- Any State Laws/Statutes	- Signature of Both Landlord(s) & Tenant

• A lease offers limited protection or grace periods to cancel, leaving the tenant at the mercy of the landlord, so it is important to understand the whole lease when signing.  If you are unsure of a specific portion of the lease, DO NOT sign.  Additionally, ensure if you pay deposits or other payments in advance that they are refundable if you do not occupy the unit. Florida law requires that notices to and from a landlord must be in writing and must be either hand-delivered or mailed, even if the rental agreement is oral. You should always retain a copy of any correspondence to and from your landlord.

Landlord's Access to the Premise

• A landlord may enter the rental unit at any time for protection and/or preservation of the premise.
• A landlord may enter under reasonable notice, defined as 12 hours prior to entry between the hours of 7:30 a.m. and 8:00 p.m.
• A Landlord may also enter if given consent from the tenant, when consent is unreasonably withheld, in case of emergency, and when the tenant is absent for a period of time equal to one-half the time for periodic rental payment. 

Failure to Meet Obligations

• Landlord. If the landlord does not comply, the tenant must notify the landlord through writing, either hand delivered or by mail of the Landlord's failure to meet the obligation.  The notice shall also indicate the tenant’s intention to terminate the rental agreement due to non-compliance. 
• Tenant. If the tenant does not comply, the landlord must notify the tenant in writing:
  • For issues that can be fixed, the tenant is allowed 7 days to make the correction. Following the 7 days, if the tenant has not fixed the issue, the landlord can begin the eviction process.
  • For issues that the tenant should not be given an opportunity to fix the issue (i.e. damage, intentional misuse, etc.) the tenant will have 7 days to surrender the premise.

• A landlord cannot evict due to retaliation for complaints sent to government agencies about violations. 

Responsibilities

• Landlord
• Single Family Home
• Comply with applicable building, housing, and health codes.
• Maintain plumbing, roofing, windows, screens, floors, walls, and make sure the foundation is in reasonably good working condition.
• Apartments
  • Comply with applicable building, housing, and health codes
  • Maintain plumbing, roofing, windows, screens, floors, walls, and make sure the foundation is in reasonably good working condition.
• Reasonable provisions for locks and keys, clean and safe communal areas, garbage receptacles, and functioning running water, hot water, and heat during winter. (DOES NOT REQUIRE LANDLORD TO PAY UTILITIES, WATER, FUEL, or GARBAGE)
• Tenant
  • Comply with applicable building, housing, and health codes
  • Maintain garbage is removed in a clean and sanitary manner
  • Keep plumbing fixtures clean and in good repair.
  • Not destroy, deface, impair, remove, or damage any part of the premise belonging to the landlord.
  • Guests and tenants must conduct themselves in a manner that does not unreasonably disturb the tenant’s neighbors or breach of peace.
  • Operate all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances in a safe and reasonable manner.

Non-Payment

• A written notice is required, allowing three days, excluding holiday holidays and weekends for the payment of the rent or vacating the premises.  If the tenant allows the three days to pass prior to making the payment, the landlord can begin the eviction process.  For the landlord to gain payment or possession of the unit, they must file a suit to the county court.  Following the suit, the clerk will send a notice of summons to the tenant.  The tenant must then meet the requirements in the summons by the required time frame listed or a judgment may be entered against the tenant. The clerk of the county court will issue a “Writ of Possession” to the Sheriff’s Office, to notify you that the eviction will take place in 24 hours. 

Non-Compliance by a Landlord

• A tenant may be able to withhold a rental payment if the landlord is non-compliant in following what the law or lease requires. To withhold payment, a tenant must notify the landlord, in writing, of the non-compliance and the intent to withhold the rental payment.  This allows the landlord seven days, from delivery of the written notice, to become compliant.  If the landlord fails to meet the seven-day time frame, the tenant may withhold the rental payment. If the tenant is in breach or there is an early termination of the lease, the landlord’s remedies can include: 

  • Termination of the lease, repossessing the rental unit and terminating any future liability on the tenant.
  • Repossessing the unit and holding the tenant liable for the difference from the rent stipulated to be paid under the lease and what the landlord is able to recover upon reletting the rental unit.
  • Holding the Lessee liable for the rent as it comes due.

• Florida State Statutes restricts a landlord from forcing a tenant out by: 

  • Shutting off utilities
  • Interrupting services
  • Removing outside doors, locks roofs, walls, or windows
  • Removing the tenant’s property from the dwelling unless action is taken after the surrender/abandonment of the unit.

• A tenant may sue for actual and consequential damages or three months’ rent, whichever is greater, in addition to court costs and attorney fees. 

Moving Out

• The lease will stipulate the proper notice that is required when ending a rental agreement. Ensure you terminate all utility services the day you leave and notify the landlord and post office of your address change.  A landlord may need this address change to return any deposits or settle any disputes that may arise. Ensure the unit is cleaned appropriately and left how the unit was when the occupation began to avoid the risk of cleaning fees.   If possible, schedule a final walkthrough with the landlord to address and document any issues directly. 

Military

• Florida Law allows military service members to terminate a rental agreement under certain conditions such as receiving a change of orders, death, or change of duty station beyond 35 miles.  Please refer to Florida Statute 83.682 Termination of rental agreement by a service member for other conditions.