Florida’s Landlord & Tenant Guide

Whether you are a landlord or tenant, there are substantial benefits to understanding the rights and responsibilities of both. What impacts one will likely affect the other. This Landlord & Tenant Guide outlines the rights and obligations of a landlord and a tenant.

In its simplest form, landlords and tenants approach their relationship from two different vantage points. The purpose of this guide is to provide both sides with concepts, ideas, and checklists of what they should be doing and considering before forming that relationship. Tenants must understand what they should think about before signing a lease and committing much of their time and money. Conversely, landlords have to protect their investment and have the peace of mind of knowing that they will generate enough income to pay lenders and maintain the property.

Before you begin to read through this guide, it is essential to note that most of the things we discuss here are based on laws. In this state, landlords and tenants are bound by the Florida Landlord and Tenant Act. It addresses everything from giving notices to landlords for failing to maintain the property to how to remove a tenant violating the lease terms legally. Understandably, those unfamiliar with legal language may need help fully comprehend its nuances and ramifications. Our firm can help you navigate what it means, and how it can apply to your circumstances. When you have questions or legal concerns, whether you are a landlord or tenant, contact our office to schedule a consultation so we can assist you. Lastly, whether you are a tenant or a landlord, it is essential to know the rights and responsibilities of both sides because it is the best way to protect yourself or your property

From a Tenant’s Perspective

Again, because of the Florida Landlord and Tenant Act tenants have a certain level of legal protection even when they do not have a formal agreement. This does not mean you shouldn’t have a signed lease, but you have certain rights that you should be aware of. On top of that, a lease will not supersede these laws. For example, as a tenant, Florid laws ensure the property is habitable. Whereas that ma appear generic, tenants are entitled to live in certain conditions. Each unit or home must have the following:

• Plumbing that works (e.g., toilets that flush and sinks/showers that drain)
• Hot water
• Heating
• Structurally sound components that prevent outside water from leaking into the home and windows that are free from holes or disrepair
• Places to dispose of garbage
• Reasonable security measures
• Doors that lock
• Stairs that are up to code and can be used safely

Because rental properties typically have an application process, the Florida Fair Housing Act prevents landlords from discriminating against tenants based on race, religion, orientation, and disabilities. You are free to exercise these rights without fearing retaliation from your landlord.

For instance, if they cannot evict you, refuse to fix an issue, or increase your rent because of a legal action that you pursued. Regarding a checklist, here are other key rights you must know.

• Your security deposit must be kept in an established Florida banking institution.
• Tenants can dictate whether the money should be stored in an interest-bearing account.
• If the landlord does not use your deposit, you will have it returned to you in less than 15 days after you move out of the unit.
• The landlord cannot enter your unit at will unless, in the case of an emergency, he possesses a court order or has notified you with at least 12 hours notice that they are making repairs.

From the Landlord’s Perspective

Before we continue, we need to circle back to our previous statement that landlords need to know tenants’ rights and vice versa. Everything we have outlined and listed in the last section about tenants also applies to landlords. If a tenant has the right to receive something, it is your responsibility to provide it. Landlords who do not understand security deposits or are unaware of how to document how they are being used (e.g., to replace something the tenant has broken or destroyed) may find themselves liable. That said, landlords also have rights, and some of them need to be discussed from your point of view.

Though your lease agreement has to be drafted per state and federal laws, there is ample room to add violations that will enable you to evict a tenant who conducts illegal activity on your property or mistreats it. When you work with an attorney, they can help you create a lease agreement that serves you and your interests. Choosing a boilerplate agreement that a lawyer hasn’t viewed or contributed may be giving up your ability to control specific scenarios in the future. When you have a lease that considers the laws and regulations that govern the landlord-tenant relationship, you can enforce it. Here are other rights that landlords have.

You can require your tenants to pay their security deposit before they move into the unit or house. If you give adequate notice, you can modify the agreement, but we highly recommend that you consult an attorney before doing so. Though this may seem obvious, it is still a critical component of the landlord/tenant relationship: You have the right to rental payments as they are identified in the lease agreement. You include stipulations about how and when your tenants notify you if they intend to move out. This provides you with reasonable time to find a suitable replacement tenant so that you can maintain your income. The tenant is granted a degree of privacy, but you also have the right to enter the property to make required repairs (which you have a responsibility to do) and to conduct inspections to ensure the following:

• • The property is being maintained
  • There is nothing that needs to be updated or repaired preemptively

Get in Touch with Laurent Law Office, P.L. We have provided you with a basic overview of the rights and responsibilities pertaining to landlords and tenants. It is paramount that you speak with a legal counsel who understands how they can be applied to you and your situation. We follow and study these laws because it puts us in the best position to serve you. When you are involved in a landlord/tenant dispute or want to speak with us about creating a lease that fits your needs, contact Laurent Law Office, P.L. to schedule a consultation. Call 786-591-7418 or fill out the online contact form.