What Disclosures Must Landlords Make in Florida?
Landlords in Florida must make certain disclosures to their tenants. Disclosures can be made either as terms in the lease or in a separate document. The disclosures are as follows:- Lead-Based Paint: Federal law requires that landlords renting out homes built prior to 1978 provide tenants with information regarding the use of lead-based paint.
- Authorized Agents: State law requires that landlords provide tenants with the names and addresses of the property owner or the person certified to act on their behalf.
- Storing of Security Deposits in Florida: Landlords must disclose the manner in which they’re holding tenants’ deposits if renting out at least five individual rental units.
- Radon Gas: Landlords must also provide tenants with information regarding the presence of radon gas in or near a rental property. Disclosures must include language provided by the state, detailing the nature and hazards that come with radon gas exposure.
What Rights and Responsibilities Do Tenants Have in Florida?
Tenants have the following rights under Chapter 83 of Florida Statutes:- To have repairs made within a reasonable time frame after receipt of written notice.
- To have peace and quiet enjoyment of their rented premises.
- To be treated fairly as per the Florida Fair Housing Act.
- To follow the proper eviction procedure in Florida when being removed from their rented property.
- To be provided a livable dwelling as per the state’s safety, health and structural codes.
- To have their security deposit returned within a reasonable period of time.
- To break the lease for certain legally justified reasons, such as when relocating for active military duty.
- To be provided certain mandatory disclosures as required by Florida law.
- To exercise their legal rights without being retaliated upon.
- To maintain their rented unit in a safe and livable condition.
- To keep the unit clean and sanitary at all times.
- To keep all fixtures, such as electrical and plumbing, clean and sanitary while using them for their intended purposes.
- To respect the peace and quiet of other tenants or neighbors.
- To care for their rented premises by not causing negligent or careless property damage.
- To pay rent whenever it becomes due.
- To abide by all terms of the lease agreement.
- To report maintenance issues on time.
- To provide proper notice when looking to move out.
- To provide proper notice when looking to be away for an extended period of time.
What Rights and Responsibilities Do Landlords Have in Florida?
Landlords in Florida have the following rights under both federal and state laws:- To evict a tenant for not honoring the terms of the lease agreement.
- To require tenants to pay a security deposit prior to moving in.
- To require tenants to sign a legal lease agreement prior to moving in.
- To charge as much rent as desired. Landlords may also choose to raise rent for any reason and may do so as often as they choose.
- To choose a tenant as long as the selection process is free of bias or discrimination.
- To enter a tenant’s rented unit to perform certain responsibilities.
- To provide a habitable rental property.
- To make needed or requested repairs within the statutory period.
- To provide tenants with the mandatory disclosures prior to allowing them to move in.
- To treat tenants fairly on the basis of certain protected classes.
- To provide tenants with a 12 hours’ advance notice prior to entry.
- To provide tenants with a 15 days’ notice prior to enforcing a rent raise for those renting month to month.
- To take a tenant through a judicious eviction process for violating the lease agreement.
An Overview of the Landlord-Tenant Laws in Florida
1. Early Lease Termination
Florida allows early lease termination without penalty for the following reasons only:- If the lease allows it.
- If the tenant is relocating for active military duty.
- In the event the property isn’t habitable.
- In the case of landlord harassment or violation of privacy.
- In the case of landlord lease agreement violation.
2. Housing Discrimination
Landlords have a duty to treat tenants fairly regardless of their race, color, nationality, sex, disability, familial status, religion, or pregnancy status as per the Fair Housing Act.3. Landlord Entry
Landlords in Florida have a right to enter a tenant’s rented premises. However, there are certain things they’re obligated to do as per the law. Landlords must provide a tenant with a 12 hours’ advance notice. They must also have a legitimate reason to enter. Examples include:- To respond to a repair request.
- To respond to an emergency.
- Under a court order.
- To show the unit to prospective tenants.
- To deliver a package.
4. Security Deposits
Landlords must observe certain laws when it comes to the collection, holding and return of a tenant’s security deposit. The following are some examples of such rules:- Landlords must return the deposit within 15 days of the tenant moving out.
- Landlords must only make deductions for allowable reasons.
- Landlords must store the deposit as specified by law.
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