Before advertising your rental property or signing a lease, it’s crucial to understand your legal responsibilities as a landlord in Florida.
Chapter 83 Part II of the Florida Statutes outlines the rules governing the landlord-tenant relationship, including each party’s rights and duties, as well as key regulations related to habitability, security deposits, disclosures, and evictions.
This guide, from Gulf Income Properties, covers the most important basics to help you stay compliant and protect your investment.
Required Landlord Disclosures
As a landlord, you must provide your tenants with the following disclosures. You can include them either as part of the rental agreement, or as a separate attachment.
Concentrations of Lead-Based Paint: This federal law applies to landlords renting out units built in 1978 or before.
Contact Details: Include means of contacting the owner of the property, or any person tasked with its management.
Security Deposit Information: How the deposit is stored and whether the tenant is entitled to any interest. This disclosure only applies to landlords renting out five or more units.
Radon Gas: Whether or not it is present in or near the rental unit.
Tenants’ Rights and Responsibilities in Florida
A tenant in Florida automatically acquires the following rights after establishing a lease with a landlord. Which can come about if there is a written lease, a verbal agreement, or after receiving a payment as rent.
Tenants Rights
In Florida, tenants are entitled to a range of protections that ensure fair and respectful treatment throughout their rental experience.
They have the right to live in a safe and habitable property and must be given all necessary disclosures before moving in.
If a lease needs to be ended, tenants can terminate their tenancy with proper notice or break the lease for a legally valid reason. Their security deposit must be handled responsibly, and any eviction process must be fair and just.
Tenants are also protected under the Fair Housing Act, which guarantees equal treatment regardless of background.
Additionally, landlords are required to provide at least 24 hours’ notice before entering the rental unit, helping preserve the tenant’s privacy and peace of mind.
Tenant Responsibilities
Tenants have a responsibility to uphold their end of the rental agreement by paying rent on time and following all terms outlined in the lease.
They are expected to keep the unit clean and sanitary, take good care of the property, and avoid causing any intentional damage. If they plan to end a periodic tenancy or break a fixed-term lease, they must notify the landlord in advance.
Tenants should also allow the landlord to enter the unit for valid reasons, respect the peace and quiet of the neighborhood, and ensure any required fees under the lease are paid within the designated time frame.
Landlord Rights & Responsibilities in Florida
After establishing a rental agreement with a tenant in Florida, you automatically acquire certain rights.
Landlords Rights
Landlords in Florida have several rights that help them manage their rental properties effectively.
You may enter the rented premises for valid reasons, such as inspecting the unit, responding to repair requests, or showing the property to prospective tenants.
Landlords can also charge a security deposit before a tenant moves in, as well as impose reasonable fees outlined in the lease. They also have the right to raise the rent by any amount and as often as they choose, provided proper notice is given.
Landlords may hold tenants accountable for all rent due under the lease and have the authority to evict those who violate its terms.
Additionally, you can terminate a lease by serving the required notice and are not obligated to renew a periodic or fixed-term lease agreement once it ends, regardless of the reason.
Landlord Responsibilities
Landlords in Florida have a number of responsibilities designed to ensure fair and lawful rental practices.
They must provide tenants with a safe, habitable home and follow proper legal procedures when removing a tenant from the property, including having a justifiable reason for eviction.
Landlords are required to handle security deposits in accordance with state regulations and treat tenants fairly.
Landlords must also give at least 24 hours’ notice before entering the rental unit and may not charge a late fee exceeding $20 or 20% of the monthly rent, whichever is greater.
Overview of the Florida Landlord-Tenant Law
Here are some key components of the Landlord-tenant Laws in Florida:
Habitability Requirements
Under Florida landlord-tenant law, a landlord can only rent out a habitable rental property. That is, one that meets the state’s basic health, safety, and building code requirements.
Among other things, this means that the unit must have running hot water, working detectors, and be mold or pest free.
As part of meeting the habitability requirements is responding to repair requests promptly. Specifically, you must respond within 7 days of getting proper written notice.
Tenant Evictions
As a landlord in Florida, you can only evict a tenant for the following reasons.
Failing to pay rent on time.
Staying on the property without a lease.
Violating a term of the lease.
Regardless of having such ‘just’ reasons, you must follow the proper eviction procedure. You must not try to use any other method, such as self-help methods, retaliatory evictions, or evictions based on a tenant’s fair-housing-protected class.
Security Deposits
Certain laws apply in the collection and handling of tenants’ security deposits in Florida. Including:
Holding the Security Deposit: You must hold the deposit in either a normal account, an interest-bearing account, or by posting a surety bond.
Only makes Allowable deductions: You can only make deductions from certain expenses like unpaid rent, or damage exceeding normal wear and tear.
Security Deposit Return: Landlords must return the deposit within 15-30 days after the tenant has moved out.
Breaking the Lease
Depending on the reason, tenants may or may not have a legally justified reason for moving out before the end of the lease.
In Florida, justifiable reasons for early lease termination include the following.
Starting active military service
Habitability violation
Early lease termination (if in the lease)
Landlord harassment
Privacy violation
Lease agreement violation
The tenant also has a responsibility to provide an advance notice and any relevant supporting document where necessary.
Bottom Line
Understanding your rights and responsibilities as a landlord under Chapter 83 of the Florida Statutes is essential before leasing out your property.
From providing a habitable home and handling security deposits properly to following legal procedures for evictions, compliance is key to protecting your investment and maintaining positive tenant relationships.
If you need expert support navigating Florida’s landlord-tenant laws or want to take the guesswork out of managing your rental, Gulf Income Properties is here to help.
Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice.
It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
