What a Landlord Cannot Do in Florida: Know the Law

Being a Florida landlord can be an enriching experience, with potential tax benefits and laws that tend to favor landlords. Familiarizing oneself with Florida landlord-tenant laws is vital to ensure one abides by Florida law and avoids potential issues.

#1: Florida Landlords Aren’t Allowed to Evict Active-Duty Military Personnel Without a Court Order

A Florida residential landlord cannot evict an active-duty service member from their rental property without a court order. However, according to the federal Servicemembers Civil Relief Act (SCRA), military personnel rendering active service can delay an eviction hearing for at least three months.

The SCRA also permits the court to alter the rent payments due so the service member can afford them. This benefit has a maximum threshold that varies based on inflation and interest rates.

However, SCRA protections only apply to service members who cannot pay rent on time. A material breach of the rental agreement, like bringing in a pet when it’s forbidden, is valid grounds for eviction.

Moreover, the service members must prove they qualify for SCRA protections. Likewise, the landlord should conduct due diligence to adhere to the SCRA. The penalties for violating the SCRA can have long-term effects on landlords and property owners.

While guilty parties may not incur jail time, violating the SCRA means thousands of dollars in penalties. Fortunately, SCRACVS can help landlords verify if a tenant qualifies for SCRA protections.

#2: Florida Landlord-Tenant Law States That Immediate Eviction is Forbidden

A landlord in Florida must provide reasonable notice before evicting a tenant. If the tenant has unpaid rent, the landlord must give the tenant a three-day grace period before starting the eviction process. While Florida law doesn’t mandate the landlord to accept partial payment, they may choose to do so based on their agreement with the tenant.

It should be highlighted that a written notice should be given before the eviction can commence. If a landlord fails to deliver one, tenant rights are clearly violated.

If the tenant violates the lease agreement by damaging the property, the landlord should give them at least seven days to fix the issue. If the tenant fails to make amends, the landlord can proceed to evict them from the rental unit. The tenant has five days to dispute this eviction, and the court decides if it pushes through.

The landlord is also permitted to evict a tenant because of unauthorized visitors. This means that the tenant has undeclared people living in the space full-time. This arrangement might lead to wear and tear beyond the usual range.

#3: Florida Bans Unlawful Rent Increases

Unlike California, Florida gives landlords the right to control how much they charge for rent. However, this doesn’t mean a landlord can suddenly increase their tenant’s rent on a whim. Rent increases can’t be applied to one-year leases or more until the contract expires.

Moreover, the landlord should provide written notice of the increase in rental payments. Florida statutes stipulate that the landlord can’t increase rent because a tenant had repair requests or because of discriminatory reasons.

On the other hand, Florida doesn’t mandate a specific time frame for a written notice regarding rent increase. This doesn’t mean the landlord can simply double people’s rent on a whim. The landlord is encouraged to conduct business honestly.

#4: Excessive Security Deposits Are Prohibited

Here’s some good news for landlords in Florida: there’s no restriction to how much you can require as a security deposit. However, it would be best to refer to local ordinances if the town or city has specific rules regarding one’s security deposit. Section 83.491 mandates that if a landlord requires a nonrefundable free instead of a security deposit, they can’t increase this amount whenever they want to.

The landlord can keep a portion of the deposit to compensate for unpaid rent or damage to the rental property. The landlord must give the tenant a 30-day notice for any deductions made. Both the landlord and tenant should acknowledge the security deposit deduction. The security deposit must be returned to the landlord between 15 and 60 days after they move out of the property.

#5: Florida Landlord-Tenants Laws Permit Written and Unwritten Leases

What makes Florida landlord-tenant laws interesting is that they allow landlords to draw up yearly, quarterly, monthly, or weekly leases. Moreover, the lease agreement can be written or unwritten.

While lease agreements can be verbal, it is advised to have a written rental agreement to ensure all parties adhere to the Florida Landlord-Tenant Act.

While verbal agreements are legal, it should be highlighted that landlords’ notices should be written. It would be wise for landlords to record correspondences for legal purposes. A real estate law expert can help landlords ensure that the documents on rental properties follow Florida’s landlord-tenant law.

#6: Tenants Can Withhold Rent Under Specific Conditions

Florida landlord-tenant laws protect tenants’ right to live in a habitable environment. A tenant can withhold paying rent if the rental property is compromised because of their landlord’s neglect. However, the tenant must follow proper protocol to follow the law.

To ensure that their withholding of rent is legal, the tenants must thoroughly document their grievances and furnish a written notice to their landlord. This document must detail their issues and give landlords seven days to address them. At this period, the tenant must ensure payment is made on time.

After the seven-day notice has lapsed, the tenant can proceed to withhold their payment. It should be highlighted that this doesn’t mean the tenant can live in the property rent-free. There should be court oversight in this situation.

Tenants should be prepared to deposit the withheld rent into the court registry, highlighting their intention to make payments once their concerns are addressed. The monthly rent should be set aside to avoid further issues.

#7: Florida Landlords Must Not Violate Rental Property Standards

Florida rent laws stipulate the landlord’s responsibility to ensure their property is habitable. Landlords must provide a space where essential utilities like secure doors and windows, reliable heating, and plumbing are available. Landlords and tenants should monitor the rented property and ensure these needs are met.

Florida rental laws require the landlord to ensure the property is habitable and equipped with safety features. Solid locking systems and windows should be installed to protect tenants from elemental inclemencies and unwanted entry.

In addition, the property should comply with local building and health and safety codes. Neglecting these duties may result in legal problems in the future.

#8: Florida Landlord-Tenant Law Details Illegal Eviction Processes

As mentioned, Florida has stringent laws on evicting tenants. A written notice must be provided before the process can continue.

Here are some forbidden practices Florida landlords should note:

• You cannot change the property’s locks to force the tenant to move out. This practice is called self-help eviction and is prohibited in the state.
• You can’t remove the tenant’s belongings from the rental unit to make them vacate the premises.
• You can’t evict a tenant as retaliation because they complained about the property’s living conditions or are standing up for their legal rights.

#9: Florida is Strictly Against Discrimination

The Fair Housing Act safeguards all people from being discriminated against when renting a house or apartment. Landlords and property owners can’t deny a potential tenant a lease agreement because of their familial status, sex, religion, national origin, color, or race. They’re considered ‘protected classes.’

If a tenant has a disability, the property owners must ensure the accommodation is reasonable. Tenants should be able to live comfortably, so some adjustments must be made. A good example is installing a wheelchair ramp or grab bar in the unit.

Even if the unit has a no-pet policy, landlords may have to make an exception for tenants with disabilities who need service animals. It’s illegal to deny them access to service animals that aid them in their everyday tasks.

#10: Neglecting Maintenance Duties isn’t Allowed

Florida landlord-tenant laws require landlords to ensure that the property they rent out is livable and secure. The unit should have functioning electrical, plumbing, and heating systems. The space should also be hazard and pest-free.

The owner is responsible for addressing repair requests, including fixing broken windows, faulty appliances (if furnished), and leaky roofs. The tenant can withhold rent if the landlord fails to perform their duties to resolve these issues. Alternatively, the tenant may make repairs and deduct the amount from their rent.

Conclusion

Fortunately for landlords, most Florida landlord-tenant laws favor them as long as they fulfill their duties and provide a habitable and safe environment. However, certain rules may be bent for tenants who turn out to be active-duty servicemembers. Fortunately, SCRACVS can help property owners adhere to the SCRA. Click here to sign up at SCRAVS and verify the active duty status

FAQs

What are the new rules for landlords in Florida?

The latest rules in Florida allow landlords to collect monthly payments. Moreover, the eviction process has become more strict to safeguard tenant rights.

What is considered tenant harassment in Florida?

Harassment is when landlords pay too many unexpected visits or enter the premises without the tenant’s permission. Using threatening language also counts as harassment.

What are my rights as a renter in Florida?

You have the right to a safe and habitable space. If there are rental increases, changes in the contract, or other changes, the landlord must provide written notice. Moreover, the landlord mustn’t ignore your repair requests.

Can a tenant refuse entry to a landlord in Florida?

Yes, as long as there’s a contract, the landlord isn’t permitted to enter the premises without consent. The landlord should notify the tenant a few days before visiting the property.