Florida Landlord-Tenant Law: The Basics

In Florida, landlord-tenant law is governed by a detailed set of statutes and regulations that aim to balance the rights and responsibilities of landlords and renters, ensuring fairness and clarity in rental agreements. The primary framework for these laws is found in Chapter 83 of the Florida Statutes, which covers both residential and commercial rental agreements. This body of law outlines the legal obligations of landlords and tenants, covering various aspects from lease agreements to eviction procedures, and is designed to address common issues and disputes in rental relationships. Chapter 83 is broken into two parts, one for residential tenancies and one for commercial tenancies.

Lease Agreements in Florida

The foundational element of landlord-tenant law in Florida is the lease agreement, which can be either written or oral. However, written leases are highly recommended for clarity and legal protection.  Written leases are required if the term of the lease will be more than a year. These agreements detail crucial aspects such as the amount of rent, payment due dates, security deposits, and the duration of the tenancy. Florida law requires landlords to provide tenants with habitable living conditions, meaning that rental properties must meet basic health and safety standards, including functioning plumbing, heating, hot water, and electrical systems. Conversely, tenants are expected to pay rent on time, maintain the property in good condition, and adhere to any rules in the lease and community rules. (Check our page on HOA/Condo rules that impact owners and tenants).

The Eviction Process

In situations where disputes arise, such as unpaid rent or property damage, Florida law provides a structured approach for resolution. If a tenant fails to pay rent, the landlord must follow a formal process to seek eviction, which includes providing a three-day notice for non-payment of rent before proceeding with legal action. The eviction process must be conducted through the court system, where the landlord must prove their case to obtain a judgment for possession. Landlords are not allowed to turn off the water, board up the windows or take other self-help actions. This legal procedure ensures that tenants have an opportunity to contest the eviction and protects them from arbitrary or unlawful removal.

Protections for Tenants

Florida’s landlord-tenant laws incorporate protections for tenants against unfair practices. For instance, the law prohibits landlords from retaliating against tenants who exercise their legal rights, such as reporting code violations or requesting repairs. Moreover, the law includes provisions for the return of security deposits, requiring landlords to either return the deposit within 15 days or provide an itemized list of deductions within 30 days of the tenant vacating the property. Disputes over security deposits can be resolved through small claims court if necessary. Check our blog for articles on security deposit issues.

Lease Terminations

Florida also has specific regulations regarding the handling of lease terminations, with requirements for both landlords and tenants to provide notice before ending a rental agreement. For month-to-month tenancies, either party must provide a 15-day notice before terminating the lease, and that notice has to be sent 30 days prior to the next installment of rent being due. In fixed-term leases, the lease generally ends on its expiration date, but early termination clauses or mutual agreements may alter this timeline.

Overall, landlord-tenant law in Florida is designed to create a balanced and equitable rental environment, offering clear guidelines and procedures to manage the various aspects of rental relationships. By establishing comprehensive rules for lease agreements, property maintenance, dispute resolution, and tenant protections, Florida's statutes aim to facilitate fair and transparent interactions between landlords and tenants, contributing to a well-regulated rental housing market.