Renting a New Property in Florida: A Tenant's Guide
Florida's rental laws provide specific protections and responsibilities for both tenants and landlords. Understanding your rights regarding security deposits, maintenance requirements, lease terms, and eviction procedures is essential for a successful tenancy in the Sunshine State.
Florida law requires landlords to provide tenants with specific disclosures, including information about security deposit handling and mold. Tenants should ensure all agreements are in writing and thoroughly document the property's condition at move-in to protect their interests.
Key Considerations
Scenarios
Decisions
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Relevant Laws
Florida Residential Landlord and Tenant Act
This is the primary law governing rental relationships in Florida. It outlines the rights and responsibilities of both landlords and tenants, including security deposit rules, maintenance obligations, and eviction procedures. As a new tenant in Florida, this law provides the foundation for your rental relationship.
Florida Security Deposit Law
Florida law requires landlords to either return security deposits within 15-30 days after you move out or provide a written notice of intent to impose a claim on the deposit. Landlords must hold deposits in a separate account and disclose to you whether the account is interest-bearing. Understanding these protections helps ensure your deposit is handled properly.
Florida's Landlord Disclosure Requirements
Florida law requires landlords to disclose specific information to tenants, including the name and address of the property owner or authorized manager. If your rental unit was built before 1978, the landlord must also disclose known information about lead-based paint hazards. These disclosures help you know who is responsible for the property and any potential health hazards.
Florida Landlord's Maintenance Responsibilities
Florida law requires landlords to comply with building, housing, and health codes, make reasonable repairs, and maintain common areas. Understanding these obligations helps you know what maintenance issues your landlord is legally required to address, which is essential information when moving into a new rental property.
Florida Tenant's Rights to Withhold Rent
Under certain circumstances, Florida tenants may withhold rent if a landlord fails to maintain the premises as required by law or the rental agreement. However, specific procedures must be followed, including providing written notice to the landlord. This law provides you with recourse if your new rental has serious maintenance issues that the landlord refuses to address.
Florida Fair Housing Act
This law prohibits discrimination in housing based on race, color, national origin, sex, disability, familial status, or religion. As a new tenant, it's important to know you're protected from discriminatory practices in the application process and throughout your tenancy.
Florida Rental Agreement Requirements
Florida law recognizes both written and oral lease agreements, though written leases provide better protection. For leases exceeding one year, a written agreement is required to be enforceable. Understanding these requirements helps ensure your rental agreement is legally valid and protects your rights as a tenant.
Regional Variances
Major Metropolitan Areas
Miami-Dade has additional tenant protections through the Miami-Dade County Code Chapter 17, which includes a Tenant's Bill of Rights. Landlords must provide this document to tenants when they sign a lease. The county also has a specialized housing court and mediation services for landlord-tenant disputes.
Miami Beach has stricter regulations on rental increases and requires 60-day written notice for rent increases above 5%. The city also has a Tenant Advocacy Office that provides free assistance to tenants with landlord issues.
Broward County enacted a Tenant's Bill of Rights ordinance in 2022 that requires landlords to provide tenants with a notice of rights. The county also has specific protections against discrimination based on source of income, including housing vouchers.
Central Florida
Orange County passed a Tenant Bill of Rights in 2022 that requires landlords to disclose all fees before a lease is signed. The county also has a rental notice requirement of 60 days for termination or rent increases in month-to-month tenancies, which is longer than the state requirement.
Tampa has a Tenant Advocacy Office that provides resources and assistance to renters. The city also requires landlords to provide information about flood zones and flood history of rental properties, which is particularly important in this hurricane-prone area.
Coastal Communities
Due to its unique geography and limited housing supply, Monroe County has special affordable housing programs and rent control measures for certain properties. The county also has stricter building codes that may affect rental properties due to hurricane and flooding concerns.
Pinellas County has specific ordinances regarding vacation rentals and short-term leases that may affect your rights if you're in a tourist area. The county also requires additional disclosures about flood zones and evacuation routes.
University Towns
Home to the University of Florida, Gainesville has specific ordinances addressing student housing issues, including stricter inspections for rental properties and regulations on security deposit returns that are more tenant-friendly than state law.
As the home of Florida State University and Florida A&M, Tallahassee has enacted ordinances to protect student renters, including requirements for landlords to provide information about prior utility costs and stricter maintenance requirements.
Frequently Asked Questions
As a tenant in Florida, you have several important rights under the Florida Residential Landlord and Tenant Act (Chapter 83, Part II). These include: the right to a habitable dwelling that complies with building, housing, and health codes; the right to proper notice before landlord entry (typically 12-24 hours); the right to proper notice before eviction or lease termination; the right to security deposit protection; and the right to be free from discrimination. You also have the right to withhold rent under specific circumstances if the landlord fails to maintain the premises, though you must follow proper legal procedures.
Florida law does not set a maximum limit on security deposits. However, landlords typically charge between one to two months' rent. The landlord must hold your deposit in one of three ways: in a separate non-interest-bearing account, in a Florida banking institution interest-bearing account with interest paid to you annually, or post a surety bond. Within 30 days of receiving your deposit, the landlord must disclose in writing where your deposit is being held and whether it's earning interest.
The Florida eviction process typically follows these steps: (1) The landlord must serve a proper written notice (3-day notice for non-payment of rent, 7-day notice for lease violations); (2) If you don't comply with the notice, the landlord can file an eviction lawsuit; (3) You'll be served with a summons and complaint and have 5 days to respond; (4) If you don't respond or lose in court, the judge will issue a writ of possession; (5) The sheriff will post the writ giving you 24 hours to vacate. It's important to note that 'self-help' evictions (changing locks, shutting off utilities, removing doors) are illegal in Florida.
In Florida, landlords must provide reasonable notice before entering your rental unit, which is generally considered to be at least 12 hours. The landlord can only enter at reasonable times, which is typically defined as between 7:30 AM and 8:00 PM. Valid reasons for entry include making repairs, inspecting the property, showing the unit to prospective tenants or buyers, or in case of emergency. If your landlord repeatedly enters without proper notice, this may constitute harassment and a violation of your right to quiet enjoyment.
If you have a fixed-term lease (such as a one-year lease), your landlord cannot raise the rent until the lease term expires, unless the lease specifically allows for rent increases. For month-to-month tenancies, the landlord can increase the rent with proper notice, which is typically 15 days in Florida. Currently, Florida does not have statewide rent control laws that limit how much a landlord can increase rent. However, the increase cannot be discriminatory or retaliatory in nature.
In Florida, landlords are required to maintain the property in compliance with applicable building, housing, and health codes. This includes maintaining structural components in good repair; keeping plumbing in reasonable working condition; providing running water and hot water; making reasonable provisions for extermination of pests; providing working locks and keys; maintaining common areas; and ensuring the property is clean and safe when you move in. If the landlord fails to make required repairs after proper notice, you may have the right to withhold rent, but you must follow specific legal procedures.
When you move out, your landlord has 15 to 60 days to return your security deposit. If the landlord intends to make deductions, they must send you a written notice within 30 days of move-out, detailing the deductions and the remaining amount. You then have 15 days to object to the deductions. If the landlord fails to provide this notice within 30 days, they forfeit the right to make any deductions. To maximize your chances of getting your full deposit back, thoroughly clean the unit, repair any damages, take photos of the condition when you leave, and provide a forwarding address to your landlord.
Yes, but there may be financial consequences. Florida law requires tenants to pay rent for the entire lease term, even if they leave early. However, landlords have a duty to mitigate damages by making reasonable efforts to re-rent the unit. You may be able to break your lease without penalty under certain circumstances, such as active military duty, uninhabitable living conditions, landlord harassment, or domestic violence. Some leases also include an early termination clause that allows you to break the lease by paying a specified fee, typically 1-2 months' rent.
If your landlord isn't making necessary repairs, follow these steps: (1) Document the issue with photos and written descriptions; (2) Send a written repair request to your landlord (keep a copy); (3) If the landlord doesn't respond, you may have the right to withhold rent, but you must follow specific procedures - typically placing the rent in an escrow account and providing written notice to the landlord; (4) For serious health or safety issues, contact local code enforcement; (5) As a last resort, you may consider breaking the lease if the conditions make the unit uninhabitable. Always consult with a tenant rights organization or attorney before withholding rent.
No, landlords in Florida cannot discriminate based on race, color, national origin, religion, sex, familial status, or disability, as protected by the federal Fair Housing Act. Florida law also prohibits discrimination based on HIV/AIDS status. Some local ordinances provide additional protections based on sexual orientation, gender identity, age, or source of income. If you believe you've experienced housing discrimination, you can file a complaint with the Florida Commission on Human Relations or the U.S. Department of Housing and Urban Development (HUD) within one year of the alleged discrimination.