Renting Out Your Property in Florida: A Guide for Landlords
Renting out property in Florida requires understanding specific state laws that govern landlord-tenant relationships, including security deposit limits, lease requirements, and eviction procedures. Florida landlords must comply with both state statutes and local ordinances while maintaining properties that meet all health and safety standards.
Florida law provides specific protections for both landlords and tenants, and failure to follow proper legal procedures can result in costly litigation or invalidate your attempts to enforce lease terms. Always ensure your rental practices comply with the Florida Residential Landlord and Tenant Act (Chapter 83 of Florida Statutes).
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
Florida Residential Landlord and Tenant Act (Chapter 83, Part II)
This is the primary law governing residential rental agreements in Florida. It outlines the rights and responsibilities of both landlords and tenants, including requirements for security deposits, maintenance obligations, and eviction procedures. As a landlord in Florida, you must comply with these regulations when renting your property.
Florida Security Deposit Law (Florida Statute 83.49)
This law specifies how landlords must handle security deposits, including where they can be held, disclosure requirements, and timelines for returning deposits. You must provide written notice of how the deposit is being held within 30 days of receiving it, and follow specific procedures when returning or withholding deposits at the end of tenancy.
Florida Fair Housing Act (Florida Statute 760.20-760.37)
This law prohibits discrimination in housing based on race, color, national origin, sex, disability, familial status, or religion. When advertising your rental property or selecting tenants, you must ensure you don't violate these anti-discrimination provisions.
Florida Landlord's Disclosure Requirements (Florida Statute 83.50)
This law requires landlords to disclose specific information to tenants, including the name and address of the landlord or authorized property manager. You must provide this information in writing at or before the start of tenancy.
Florida Eviction Laws (Florida Statute 83.56)
These laws outline the legal process for evicting tenants, including required notices and waiting periods. For non-payment of rent, you must provide a 3-day notice before filing for eviction, while other lease violations typically require a 7-day notice. Understanding these procedures is essential if you need to remove a tenant from your property.
Radon Gas Notification (Florida Statute 404.056(5))
Florida law requires that landlords provide tenants with a notification about radon gas. This notification must be included in rental agreements for residential properties. Radon is a naturally occurring radioactive gas that may exist in the property, and tenants must be informed about its potential presence.
Local Rental Ordinances and Registration Requirements
Many Florida municipalities have their own rental ordinances and registration requirements. For example, Miami-Dade, Orlando, and other cities may require landlords to register rental properties, obtain business licenses, or comply with additional local regulations. You should check with your local government to ensure compliance with any city or county-specific rental laws.
Regional Variances
South Florida
Miami-Dade County has stricter tenant protections than many other Florida jurisdictions. Landlords must register rental properties with the county and comply with the Miami-Dade County Landlord Tenant Ordinance, which includes additional notice requirements. The county also has a Tenant's Bill of Rights ordinance that requires landlords to provide tenants with a notice of rights at the beginning of their tenancy.
Miami Beach has unique regulations for short-term rentals, with specific zoning restrictions that prohibit rentals under six months and one day in certain residential areas. The city also has a Tenant Bill of Rights and requires landlords to provide specific disclosures about flood risks and sea level rise to prospective tenants.
Broward County requires landlords to provide tenants with a specific notice about radon gas. The county also has a Human Rights Ordinance that provides broader anti-discrimination protections than state law, including protections based on sexual orientation and gender identity.
Central Florida
Orange County has implemented a Tenant Bill of Rights ordinance that requires landlords to provide notice of late fees, give tenants a receipt for rent payments, and disclose all fees before a lease is signed. The county also has a rental notice requirement ordinance that mandates 60 days' notice for rent increases above 5%.
Orlando has a Fair Housing Ordinance that extends discrimination protections beyond federal and state law. The city also requires landlords to conduct safety inspections of rental properties and provide proof of these inspections to tenants.
North Florida
Jacksonville has consolidated government with Duval County and has specific ordinances regarding rental property registration and inspections. Landlords must register their properties and pay an annual fee. The city also has stricter requirements for maintaining rental properties, including specific timelines for addressing maintenance issues.
Alachua County has a Rental Housing Code that requires landlords to obtain a rental permit and submit to periodic inspections. The county also has an ordinance prohibiting source of income discrimination, protecting tenants who use housing vouchers or other government assistance.
Gulf Coast
Pinellas County has specific regulations for vacation rentals and requires registration with the county tax collector. The county also has a Tenant Bill of Rights ordinance that requires landlords to provide written notice of late fees and maintain properties according to specific standards.
Tampa has enacted a Tenant's Bill of Rights ordinance that requires landlords to notify tenants of their rights and provide specific disclosures about flood zones. The city also has stricter requirements for security deposit handling than state law.
Sarasota County has specific regulations for vacation rentals in barrier islands and coastal areas. The county also requires landlords to provide tenants with information about evacuation zones and emergency management procedures due to hurricane risks.
Suggested Compliance Checklist
Research Florida Landlord-Tenant Laws
1 days after startingFamiliarize yourself with Florida's Landlord-Tenant Act (Chapter 83, Part II of Florida Statutes). Understanding these laws is crucial as they govern security deposits, maintenance responsibilities, eviction procedures, and tenant rights. Pay special attention to Florida-specific requirements like the landlord's right to enter (24-hour notice required in most cases) and security deposit rules (must be returned within 15-30 days after lease termination).
Obtain Necessary Licenses and Permits
7 days after startingCheck with your local municipality for rental property business license requirements. Many Florida counties and cities require landlords to obtain a business tax receipt (occupational license) before renting property. Some areas may also require property inspections or certificates of use. Contact your county tax collector's office and city government to determine specific requirements for your location.
Prepare Rental Property Business License Application
10 days after startingComplete the application for your local business tax receipt or rental license. This typically requires property information, owner details, and payment of applicable fees. Some jurisdictions may require proof of property ownership, property insurance documentation, and compliance with local building codes.
Create a Rental Application Form
14 days after startingDevelop a comprehensive rental application to screen potential tenants. Under Florida law, you can collect application fees and run background/credit checks. Include sections for personal information, rental history, employment details, income verification, references, and authorization to conduct background checks. Ensure your screening criteria comply with Fair Housing laws prohibiting discrimination.
Draft a Residential Lease Agreement
21 days after startingCreate a Florida-compliant lease agreement that includes all required disclosures and terms. Florida law requires specific provisions regarding security deposits, rent payment terms, maintenance responsibilities, and other key issues. Consider including clauses about hurricane preparation, flood zones, and mold (common Florida concerns). The lease should clearly state the duration, rent amount, payment methods, late fees, and renewal terms.
Prepare Required Disclosures
21 days after startingFlorida law requires certain disclosures be provided to tenants. If your property was built before 1978, federal law requires a Lead-Based Paint Disclosure. Florida also requires landlords to disclose known flooding issues. Some municipalities have additional disclosure requirements, such as information about radon gas or building code violations.
Create Lead-Based Paint Disclosure Form
23 days after startingFor properties built before 1978, prepare the federally-required lead-based paint disclosure form and educational materials. You must disclose any known lead-based paint hazards and provide tenants with the EPA pamphlet 'Protect Your Family from Lead in Your Home.' Keep signed copies of these documents for at least three years from the start of the tenancy.
Establish Landlord's Rules and Regulations
25 days after startingCreate a document outlining house rules that will apply to all tenants. This may include policies on noise, guests, parking, trash disposal, pool usage, smoking, and pet restrictions. In Florida, these rules must be reasonable and applied consistently to all tenants. Rules cannot contradict terms in the lease agreement or violate tenant rights under Florida law.
Develop a Move-In/Move-Out Inspection Checklist
28 days after startingCreate a detailed form to document the property's condition at move-in and move-out. This should include spaces to note the condition of floors, walls, appliances, fixtures, and all other property features. Take date-stamped photos to supplement the checklist. This documentation is crucial for security deposit disputes, which in Florida must follow specific timelines and procedures.
Prepare a Security Deposit Receipt
30 days after startingCreate a receipt for security deposits that complies with Florida law. Florida requires landlords to disclose where the security deposit is being held and whether it's in an interest-bearing or non-interest-bearing account. If interest-bearing, you must disclose the interest rate and when/how interest will be paid to the tenant. The receipt should include the deposit amount and conditions for its return.
Create a Notice of Entry Form
32 days after startingPrepare a form to notify tenants when you need to enter the property. Florida law requires landlords to provide at least 12 hours' notice before entering a rental unit (though 24 hours is recommended as a best practice). The notice should state the date, approximate time, and purpose of entry. Exceptions exist for emergencies, but documentation of proper notice helps avoid disputes.
Set Up Property Insurance
35 days after startingObtain appropriate landlord insurance coverage for your rental property. Florida's hurricane and flood risks make insurance particularly important. Standard landlord policies cover the structure and your liability, but not tenants' belongings. Consider requiring tenants to obtain renter's insurance in your lease agreement. In flood zones, separate flood insurance is typically required.
Register with Florida Department of Revenue
40 days after startingIf you'll be collecting sales tax on short-term rentals (less than 6 months), register with the Florida Department of Revenue. Even for long-term rentals, some counties impose a tourist development tax that landlords must collect and remit. Check with your county tax collector to determine if this applies to your property.
Establish Rent Collection System
42 days after startingSet up a system for collecting and documenting rent payments. Florida law doesn't specify required payment methods, so you can determine acceptable forms of payment (check, electronic transfer, etc.). Establish clear procedures for late payments and late fees. Florida doesn't cap late fees, but they must be reasonable and clearly stated in the lease.
Create Maintenance Request Procedures
45 days after startingEstablish a system for tenants to report maintenance issues and for you to respond. Florida law requires landlords to maintain properties according to building, housing, and health codes. Create a form or online system for maintenance requests and keep records of all requests and repairs. This documentation is important if disputes arise about habitability issues.
Task | Description | Document | Days after starting |
---|---|---|---|
Research Florida Landlord-Tenant Laws | Familiarize yourself with Florida's Landlord-Tenant Act (Chapter 83, Part II of Florida Statutes). Understanding these laws is crucial as they govern security deposits, maintenance responsibilities, eviction procedures, and tenant rights. Pay special attention to Florida-specific requirements like the landlord's right to enter (24-hour notice required in most cases) and security deposit rules (must be returned within 15-30 days after lease termination). | - | 1 |
Obtain Necessary Licenses and Permits | Check with your local municipality for rental property business license requirements. Many Florida counties and cities require landlords to obtain a business tax receipt (occupational license) before renting property. Some areas may also require property inspections or certificates of use. Contact your county tax collector's office and city government to determine specific requirements for your location. | - | 7 |
Prepare Rental Property Business License Application | Complete the application for your local business tax receipt or rental license. This typically requires property information, owner details, and payment of applicable fees. Some jurisdictions may require proof of property ownership, property insurance documentation, and compliance with local building codes. | Rental Property Business License | 10 |
Create a Rental Application Form | Develop a comprehensive rental application to screen potential tenants. Under Florida law, you can collect application fees and run background/credit checks. Include sections for personal information, rental history, employment details, income verification, references, and authorization to conduct background checks. Ensure your screening criteria comply with Fair Housing laws prohibiting discrimination. | Rental Application Form | 14 |
Draft a Residential Lease Agreement | Create a Florida-compliant lease agreement that includes all required disclosures and terms. Florida law requires specific provisions regarding security deposits, rent payment terms, maintenance responsibilities, and other key issues. Consider including clauses about hurricane preparation, flood zones, and mold (common Florida concerns). The lease should clearly state the duration, rent amount, payment methods, late fees, and renewal terms. | Residential Lease Agreement | 21 |
Prepare Required Disclosures | Florida law requires certain disclosures be provided to tenants. If your property was built before 1978, federal law requires a Lead-Based Paint Disclosure. Florida also requires landlords to disclose known flooding issues. Some municipalities have additional disclosure requirements, such as information about radon gas or building code violations. | - | 21 |
Create Lead-Based Paint Disclosure Form | For properties built before 1978, prepare the federally-required lead-based paint disclosure form and educational materials. You must disclose any known lead-based paint hazards and provide tenants with the EPA pamphlet 'Protect Your Family from Lead in Your Home.' Keep signed copies of these documents for at least three years from the start of the tenancy. | Lead-Based Paint Disclosure Form | 23 |
Establish Landlord's Rules and Regulations | Create a document outlining house rules that will apply to all tenants. This may include policies on noise, guests, parking, trash disposal, pool usage, smoking, and pet restrictions. In Florida, these rules must be reasonable and applied consistently to all tenants. Rules cannot contradict terms in the lease agreement or violate tenant rights under Florida law. | Landlord's Rules and Regulations | 25 |
Develop a Move-In/Move-Out Inspection Checklist | Create a detailed form to document the property's condition at move-in and move-out. This should include spaces to note the condition of floors, walls, appliances, fixtures, and all other property features. Take date-stamped photos to supplement the checklist. This documentation is crucial for security deposit disputes, which in Florida must follow specific timelines and procedures. | Move-In/Move-Out Inspection Checklist | 28 |
Prepare a Security Deposit Receipt | Create a receipt for security deposits that complies with Florida law. Florida requires landlords to disclose where the security deposit is being held and whether it's in an interest-bearing or non-interest-bearing account. If interest-bearing, you must disclose the interest rate and when/how interest will be paid to the tenant. The receipt should include the deposit amount and conditions for its return. | Security Deposit Receipt | 30 |
Create a Notice of Entry Form | Prepare a form to notify tenants when you need to enter the property. Florida law requires landlords to provide at least 12 hours' notice before entering a rental unit (though 24 hours is recommended as a best practice). The notice should state the date, approximate time, and purpose of entry. Exceptions exist for emergencies, but documentation of proper notice helps avoid disputes. | Notice of Entry Form | 32 |
Set Up Property Insurance | Obtain appropriate landlord insurance coverage for your rental property. Florida's hurricane and flood risks make insurance particularly important. Standard landlord policies cover the structure and your liability, but not tenants' belongings. Consider requiring tenants to obtain renter's insurance in your lease agreement. In flood zones, separate flood insurance is typically required. | - | 35 |
Register with Florida Department of Revenue | If you'll be collecting sales tax on short-term rentals (less than 6 months), register with the Florida Department of Revenue. Even for long-term rentals, some counties impose a tourist development tax that landlords must collect and remit. Check with your county tax collector to determine if this applies to your property. | - | 40 |
Establish Rent Collection System | Set up a system for collecting and documenting rent payments. Florida law doesn't specify required payment methods, so you can determine acceptable forms of payment (check, electronic transfer, etc.). Establish clear procedures for late payments and late fees. Florida doesn't cap late fees, but they must be reasonable and clearly stated in the lease. | - | 42 |
Create Maintenance Request Procedures | Establish a system for tenants to report maintenance issues and for you to respond. Florida law requires landlords to maintain properties according to building, housing, and health codes. Create a form or online system for maintenance requests and keep records of all requests and repairs. This documentation is important if disputes arise about habitability issues. | - | 45 |
Frequently Asked Questions
In Florida, a valid lease agreement should include: names of all parties, property address, lease term, rent amount and due date, security deposit details, maintenance responsibilities, and rules regarding entry notice. While oral leases under one year can be legally binding, written leases are strongly recommended for all rental arrangements to avoid disputes. Florida law requires certain disclosures in lease agreements, including radon gas disclosure and lead-based paint disclosure for properties built before 1978.
Florida law does not set a maximum limit on security deposits. However, landlords typically collect 1-2 months' rent as a security deposit. You must hold security deposits in one of three ways: 1) in a non-interest-bearing Florida banking account, 2) in an interest-bearing Florida banking account with interest paid to the tenant, or 3) post a surety bond. You must provide written notice to the tenant within 30 days of receiving the deposit, specifying where the deposit is being held and whether it's earning interest.
In Florida, landlords must provide at least 12 hours' notice before entering a rental property, and entries are only permitted between 7:30 a.m. and 8:00 p.m. Valid reasons for entry include property inspections, repairs, showing the unit to prospective tenants, or in case of emergency. The notice should be reasonable and can be given verbally or in writing, though written notice provides better documentation.
Florida landlords must maintain the property in compliance with building, housing, and health codes. You must keep structural components in good repair, ensure plumbing is in reasonable working condition, provide functioning hot water and heat, and maintain common areas. You must also ensure reasonable security measures are in place, including functioning locks and proper lighting. These obligations cannot be waived in a lease agreement. Failure to meet these requirements may give tenants the right to withhold rent or terminate the lease.
Florida law does not regulate rent increases or require specific notice periods for raising rent. However, you cannot increase rent during a fixed-term lease unless the lease specifically allows for it. For month-to-month tenancies, you must provide at least 15 days' written notice before the next rent payment is due. As a best practice, many landlords provide 30-60 days' notice for any rent increase. Some local jurisdictions may have additional rent control ordinances, so check your local regulations.
To evict a tenant in Florida, you must follow specific procedures: 1) Serve a proper written notice (3-day notice for non-payment of rent, 7-day notice for lease violations), 2) File an eviction lawsuit if the tenant doesn't comply, 3) Attend the court hearing if the tenant contests the eviction, 4) Obtain a writ of possession from the court if you win, and 5) Have the sheriff execute the writ. Self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal in Florida and can result in the tenant being awarded damages.
In Florida, landlords must provide several disclosures to tenants: 1) Radon Gas disclosure (required in all leases), 2) Lead-based paint disclosure for properties built before 1978, 3) Security deposit disclosure explaining where the deposit is being held, 4) Disclosure of any known flooding history in the past 5 years (as of 2022), and 5) Name and address of the landlord or authorized property manager. Some local ordinances may require additional disclosures, so check your local regulations as well.
Yes, Florida landlords can prohibit pets in rental properties, and this restriction should be clearly stated in the lease agreement. However, you cannot prohibit service animals or emotional support animals that are prescribed for a disability, as these are protected under fair housing laws. You may request documentation verifying the need for a service or support animal, but you cannot charge additional pet deposits or fees for these animals. For regular pets, if you do allow them, you can charge additional pet deposits or fees.
In Florida, you must return the tenant's security deposit within 15-60 days after the tenant vacates the property. If you plan to make deductions, you must send a written notice of your intention to impose a claim on the deposit within 30 days, detailing the reason and amount. The tenant then has 15 days to object. If you fail to provide this notice within 30 days, you forfeit your right to make any deductions. Any remaining deposit must be returned with interest (if applicable). Improper handling of security deposits can result in legal penalties, including being liable for up to three times the deposit amount.