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Everything You Need to Know About the Landlord/Tenant Law in Florida
Landlord/Tenant Law

What to Know Before You Rent

13% of all Floridians are renters. If you are thinking about renting, it is wise to arrange a walk-through of the premises and take pictures of questionable conditions so you can include any necessary repairs in the rental agreement before signing it.

Before signing a rental contract,  make sure you understand all terms of the agreement. There is no grace period allowed for canceling a rental agreement, so if you do not understand the terms, do not sign or you will be bound to the terms.

A landlord has the right to collect deposits and rent in advance as provided in the lease. Some deposits, such as a pet deposit, may not be refundable. It is not unusual for short term leases to require full payment for the entire lease term in advance, as well as required deposits..

Tenant Responsibilities in Florida:

  • A tenant and their guests shall operate and use all facilities and appliances responsibly and reasonably and conduct themselves responsibly and do not disturb the neighbors.
  • A tenant shall not destroy, deface, damage, impair, or remove any property belonging to the landlord.
  • A tenant shall keep plumbing fixtures clean and in good repair.
  • A tenant shall remove garbage from the dwelling in a clean and sanitary manner.
  • A tenant shall comply with all building, housing and health codes, and keep the dwelling clean and sanitary.

Landlord Responsibilities in Florida:

A Landlord of an Apartment Shall Provide:
  • Functioning facilities for running water, hot water, and heat during winter and waste disposal.
  • Garbage disposal facilities and outside receptacles.
  • Clean and safe common areas.
  • Keys to all locks.
  • Extermination of bed bugs, wood-destroying organisms, ants, mice, and rats.
  • The landlord must also comply with the requirements of applicable building, housing, and health codes.

The Landlord of a Single-Family Home or Duplex Shall:

  • Comply with the requirements of applicable building, housing, and health codes.
  • Maintain the property in good repair.

Florida’s Security Deposit Laws

  • A tenant in Florida has the right to be notified by the landlord when their security deposit is received and where the deposit is being held.
  • Landlords have 15 days from lease termination to return all of a tenant’s security deposit or 30 days within which to notify the tenant that a claim is being made on the security deposit.
  • There is no limit placed on how much a landlord can charge for a security deposit. The terms of the lease controls.
  • Tenants can sue landlords in small claims court for not returning their security deposits if the amount does not exceed $5,000.
  • Landlords can place security deposits in a surety bond, an interest-bearing account, or a non-interest bearing account.

Entry Laws

Florida’s lease laws require landlords to give their tenants reasonable notice before entering their home. Landlords must provide tenants with at least a twelve-hour notice before entering the house to make repairs.

Landlords can enter without warning in case of an emergency, if the tenant unreasonably objects to the landlord entering, with the consent of the tenant, or if the tenant is away from the premises for a period of time equal to one-half the time for periodic rental payments.

Richard S. Weinstein

Richard S. Weinstein is the real estate attorney you want to hire to help you when renting a home. Richard S. Weinstein is experienced in Florida’s Landlord/Tenant Law and can help you with ant agreements or with issues you may have.

Real Estate Attorney Jupiter

With over 50 years of experience as an attorney, Richard S. Weinstein assists clients with the important financial situations in their lives. Whether you are dealing with bankruptcy, real estate (both commercial and residential, including short sales, foreclosures, and title insurance), estate planning, probate, business formations, or sales or mergers, Richard S. Weinstein is the attorney with the education, experience, and knowledge you need! Call us at 561-745-3040 or visit his website at rweinsteinlaw.com.

 

 

Law Office of Richard S. Weinstein, P.A.
250 S. Central Blvd. #101
Jupiter, FL 33458
Phone: (561) 745-3040

 

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