Florida Landlord-Tenant Laws | Avail Landlord Software (2024)

Florida Landlord-Tenant Laws

See below forinformation relating to Floridalandlord-tenant laws provided by Avail in conjunction with the law firm of Gordon & Rees Scully Mansukhani, LLP.

Florida Landlord-Tenant Laws | Avail Landlord Software (1)Florida Landlord-Tenant Laws | Avail Landlord Software (2)

Florida at a Glance

Are there specific security deposit requirements?

Yes

Are receipts required for security deposit payments?

No

Are interest payments required on deposits?

Depends on whether the landlord chooses to put the deposit in an interest-bearing account or not. Landlords must pay tenants any incurred interest yearly and at the end of the lease (unless the tenant wrongfully terminates early).

Is there rent control?

No

Are there limits on late fees?

No

Do late fees need to be written in the rental agreement?

Yes

Are there rent payment grace period laws?

No

Are there rekeying laws?

No

Are there notice of entry laws?

Yes

Are there required disclosures that need to be given to tenants?

Yes

Is a rental license required to be a landlord?

No

Security DepositsRental AgreementsRent LawsRental Application LawsTenant Screening LawsRental Property Repair LawsNotice of Entry LawsEviction LawsPet LawsRetaliationReference

Florida Security Deposit Laws

How Much Can a Landlord Charge for a Security Deposit in Florida?

Are Security Deposit Receipts Required?

Do Landlords Have to Pay Interest on a Security Deposit in Florida?

Do Landlords Have to Hold a Tenant’s Security Deposit in a Separate Account in Florida?

When Does a Landlord Have to Return a Security Deposit in Florida?

When Can a Security Deposit Be Withheld in Florida?

Florida Rental Agreement Laws

Are Rental Agreements Required in Florida?

What Kind of Rental Agreement Is Acceptable in Florida?

What Clauses Are Required in a Florida Rental Agreement?

What Are the Rental Agreement Notice Periods in Florida?

What Are the Lease Renewal Laws in Florida?

What Are the Sublease and Assignment Provision Laws in Florida?

Florida Rent Laws

Florida Rent Payment Laws

Florida Rent Control Laws

Florida Late Fee and Grace Period Laws

When Can a Tenant Withhold Rent in Florida?

Florida Rental Application Laws

Are There Limits on Rental Application Fees in Florida?

Are Rental Application Fees Refundable in Florida?

What Can’t a Landlord Ask on a Rental Application in Florida?

Florida Tenant Screening Laws

What Tenant Screening Reports Are Allowed in Florida?

What Are the Restrictions on Tenant Screening Reports in Florida?

How Much Can a Landlord Charge for Tenant Screening Reports in Florida?

Florida Rental Property Repair Laws

Tenant’s Rights and Landlord’s Responsibilities for Rental Property Repairs in Florida

The “Repair and Deduct” Remedy in Florida

When Can a Tenant Abandon a Rental Unit in Florida?

When Can a Tenant Withhold Rent in Florida?

Florida Notice of Entry Laws

What Are the Notice of Entry Laws for Rental Properties in Florida?

Florida Eviction Laws

What Are the Eviction Laws in Florida?

What Is the Eviction Process in Florida?

What Is an Illegal Eviction in Florida?

Florida Pet Laws

What Fees Can Landlords Charge for Pets in Florida?

Emotional Support Animals in Florida

Florida Retaliation Laws

What Is Considered Retaliation in Florida?

What Happens If a Landlord Retaliates Against a Tenant in Florida?

Reference

Laws on the Use of Marijuana in Rental Properties

Rental Laws on Domestic Violence and Sexual Assault

The information provided on this website does not constitute legal advice. Instead, all information available on this site is for informational purposes only. Use of, and access to, this information does not create an attorney-client relationship between the reader and Avail or the contributing law firm.

Florida Landlord-Tenant Laws | Avail Landlord Software (2024)

FAQs

What a landlord Cannot do in Florida? ›

Florida law prohibits landlords from evicting tenants without going through the court system (self-help evictions). Your landlord can't evict you without a judge's order. And if the sheriff shows up to evict you, he also must have a court order. The only exception to this is if you have legally abandoned your place.

What is Section 83.682 of Florida's landlord tenant law? ›

Florida Statute §83.682 states that any servicemember may terminate his or her rental agreement by providing the landlord with at least 30 days written notice of termination if: * PCS requiring a move of 35 miles or more away from the rental premises * Discharge or release from federal or state active duty * Member ...

What is Section 83.53 in Florida? ›

Section 83.53(1), F.S. The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises. Section 83.53(2), F.S. ■The landlord may enter the dwelling unit at any time for the protection or preservation of the premises.

What is the new landlord tenant law in Florida? ›

Landlords are no longer required to give a 60-day notice for rent increases of 5% or more. Landlords are no longer required to provide advanced notice of late fees. Landlords are no longer required to give a 60-day notice before terminating a year long lease.

What is considered landlord harassment in Florida? ›

Abusive, profane, or threatening language. Dislosing to third parties the debt owed. Contacting the tenant before 8am or after 9pm. Contacting the tenant so frequently that it becomes harassment.

What is considered landlord retaliation in Florida? ›

§ 83.64. Section 83.64 - Retaliatory conduct (1) It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant.

What is Section 23 of the landlord and tenant Act? ›

Section 23

This states that to be protected by the Act, there has to be a business tenancy in place. There are six basic elements to this, including the premises must be used for a business and the tenant must occupy at least part of the premises.

What are sections 24 28 of the landlord? ›

If you agree to this Notice, the exclusion of sections 24 to 28 of the Act means that your tenancy will not come with any security of tenure. This means that: you will have no right to stay in the Premises when the lease ends. unless the Landlord chooses to offer you another lease, you will need to leave the Premises.

What is Section 1002.33 in Florida law? ›

Section 1002.33 establishes charter schools. Under this law, private entities may enter into charters with school boards to provide educational services to district students. This law provides information on the application process and review, charter school requirements, charter, funding, exemptions from statute, etc.

What is Section 1007.27 in Florida? ›

Home education students may participate in dual enrollment, career dual enrollment, early admission, and credit by examination. Credit earned by home education students through dual enrollment shall apply toward the completion of a home education program that meets the requirements of s. 1002.41.

What is Section 733.106 in Florida? ›

Under FL. Stat, section 733.106- Costs and attorney fees, the rules are as follows: Personal representative is entitled to receive costs and attorney fees from the estate even though probate is denied or revoked, as long as the personal representative submitted the will to the court in good faith.

What is Section 768.19 Florida? ›

—When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft ...

What is HB 1417 Florida? ›

The bill creates s. 83.425, F.S., to preempt to the state the regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered under ch. 83, part II, F.S. It also expressly supersedes any local government regulations on matters covered under ch.

What are the new rent laws in Florida 2023? ›

Landlords are allowed to increase rent for any reason in Florida, except if they are discriminating or retaliating against the tenant. Furthermore, the landlord needs to give the lessee sufficient notice and must not increase the rent during the fixed term of the rental agreement.

What does a landlord have to provide in Florida? ›

The landlord must provide keys, safe conditions in common areas, garbage disposal facilities or bins, and functioning appliances. They also are required to exterminate wood-destroying pests such as mice, rats, etc. Compliance with applicable building, housing, and health codes under Florida law is also required.

Does landlord have to clean before I move in Florida? ›

Because a new tenant is not responsible for the actions of the previous tenant and if for some reason, the previous tenant left the property in poor condition, then the landlord must rise to the occasion and shall get that cleaning done for the new tenant.

What rights do Florida tenants have? ›

Tenant rights include having the peaceful and private possession of the dwelling while allowing for entry from the landlord in the above-described circ*mstances. Depending on the type of dwelling, tenants have the right to certain conditions as detailed in landlord responsibilities.

How much time does a landlord have to give a tenant to move out in Florida? ›

The notice depends on the rent payment method. It can be a 3, 7, 15, 30, or 60 days notice. If you deliver an eviction notice and the tenant continues to stay in your property, you can file a lawsuit. File the lawsuit in the right county in person or via an e-filing portal.

Can a landlord evict you immediately in Florida? ›

Tenants cannot be legally ordered to vacate their residential units unless they have been properly notified of the beginning of the eviction process. State law provides for 3 types of notices: 3-day notice, 7-day notice with a chance to 'cure,' and an 'unconditional quit' 7-day notice.

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