If you’re renting in Florida, you must know your rights and how to advocate for them. This is vital even before you sign a Florida residential lease agreement. In this post, we’ll go over the main rights you’ll have in the Sunshine State.
A Tenant’s Responsibilities
First, however, we’ll need to outline your responsibilities as a renter. If you don’t carry out these basic duties, your tenancy could be in danger. Under the 2017 Florida Statutes, tenants must:
- Keep the home clean and abide by the building codes.
- Remove garbage.
- Keep the plumbing in good condition.
- Refrain from damaging or defacing the property.
- Not disturb neighbors or breach the peace.
- Use the facilities and appliances wisely.
The landlord also has a responsibility to follow the building codes and maintain the property. On top of this, they must deal with pest control, hot water, and garbage disposal receptacles.
You must make sure your landlord follows their own duties and offers reasonable service. If they don’t, you may be able to take them to court.
Letting Landlords Into the Home
A tenant cannot bar the landlord from entering their own property. As of June 2022, the landlord usually has to give 24 hours’ notice. They can also only enter between 7:30 am and 8 pm.
However, when they’re entering to protect or preserve the property, they can do this at any time.
They also don’t need to give notice. This is because the property and its occupants’ health may be at stake.
Additionally, you (or another tenant) can let the landlord in at any time. For example, if you invite them over to inspect a potential fault.
Security Deposits
There’s no real limit on how much a landlord may request for a Florida security deposit. Owners can waive the deposit instead of paying a one-time fee. Regardless, you should never agree to a deposit that isn’t fair.
As for returning the deposit, this must be within 15 days. If they plan to take from it, they have to let you know how much and why within 30 days. You’ll have another 15 days to challenge this if necessary.
Nonpayment of Rent
If the landlord doesn’t fulfill their duties, you might choose to withhold rent. This is always a huge risk, however. It’s entirely possible that this will just end with them evicting you.
Once you start withholding, the landlord could serve you with a 3-day nonpayment notice. If they mail it, this extends to eight days. After this point, the landlord will file suit in county court. If you live in public housing, you’ll have 14 days instead of 3/8.
Should an issue arise, you must bring this up with the landlord first. They must then have a certain amount of time to fix it. Going straight to withholding rent is too risky to be a reliable strategy.
The Right to Cure
Similarly, if the landlord has a problem with you, you’re entitled to a grace period to fix this. They might object to how you treat their property, for example. In this situation, you’ll have seven days to rectify the issue.
The landlord should provide you with a formal notice of this. It will also outline their plans to end the lease if you don’t fix the problem. If you do fix it, but it becomes an issue again, they can end the tenancy without warning.
This notice is only valid if it’s specific about the problem. However, you should still try and cure it to avoid litigation.
Unlawful Evictions
Florida landlords can only evict tenants in certain circumstances. Adding to this, they aren’t able to do any of the following to compel tenants to leave:
- Shutting off utilities or refusing to pay for them.
- Removing the tenant’s belongings.
- Changing the locks.
- Removing doors, walls, or windows.
If the landlord does try any of these, you can sue them. This could end with them paying you for damages or 3 months’ rent. You will also be allowed back into the property. Self-help evictions, where a landlord enters the home to directly evict a defaulting tenant, aren’t allowed in Florida.
Notice for Termination
If either side intends to end the lease, there should be sufficient notice. For any month-to-month tenancy arrangements, this should be at least 30 days in advance. Similarly, week-to-week ones will require a full week of notice.
For fixed terms, notice isn’t always necessary. However, you should still discuss renewal with your landlord at least a month or two in advance. If there’s no specific duration, they could evict you for any (non-discriminatory or non-retaliatory) reason.
Final Thoughts
Navigating a Florida tenancy means knowing your rights and responsibilities. This can help you challenge a landlord’s poor conduct. Make sure your lease is up to scratch and accommodates all of your rights as a renter.
