Florida Landlord-Tenant Laws: What Landlords Should Know

If you own an investment property in Florida, you may be somewhat familiar with its Landlord-Tenant law. These statutes state specific rights and obligations for landlords and tenants in residential leases.

Violating these laws can be costly for landlords, so it is important for property owners to understand them. For example, landlords have the right to receive rent in exchange for their property - but cannot evict a tenant for nonpayment of rent without going through a court process. If a landlord engages in self-help eviction, the tenant may go after them for damages. A property management company can help to ensure that you comply with Florida’s landlord-tenant laws - and that your investment properties remain profitable.

At Eaton Realty, we work with landlords throughout West Central Florida to help them find and manage their investment properties. From finding great tenants to handling problems as they arise, our goal is to make taking care of rental properties as stress-free as possible for landlords. Call us to learn more about how our team of experienced property managers can help you with your investment properties.

Landlords’ Rights Under Florida’s Landlord-Tenant Law

If you own a rental property, then your primary right is to receive rent from your tenant per the terms of your rental agreement. You also have the right to have your property returned to you undamaged at the end of the rental period, other than ordinary wear and tear.

In addition, landlords in Florida have the right to enter the property from time to time to inspect the premises. Inspections can occur at any time for the protection or preservation of the premises, such as during a natural disaster where a landlord needs to enter the property to secure it or deal with flooding. Otherwise, landlords can enter a rental unit to make repairs as long as they provide reasonable notice (12 or more hours before entry) and at a reasonable time (between 7:30 a.m. and 8:00 p.m.).

Beyond these fundamental rights, Florida law does not specify other landlord rights. This is why a written lease agreement is important. While oral rental agreements are valid in Florida, a written lease is the best option for landlords. In this contract, you can spell out the details of your agreement - such as the amount of the security deposit, late fees for not paying rent on time, and things like quiet hours or limits on guests.

Lease provisions must be legal and comply with Florida’s landlord-tenant laws. For example, a lease provision that allows a landlord to take a tenant’s property if they miss a rent payment or one that penalizes a tenant for calling 911 would be considered unconscionable. Similarly, lease provisions cannot be discriminatory or violate Florida’s fair housing laws.

Landlords’ Duties Under Florida’s Landlord-Tenant Law

Like many states, Florida’s landlord-tenant laws tend to be more protective of tenants than landlords. That is because landlords are generally in a position of power over tenants, and abusing that power can have dire consequences for a tenant. Understanding your obligations as a Florida landlord can help ensure you don’t find yourself in legal hot water.

A landlord’s responsibilities to their residential tenants depend in part on the type of unit they offer for rent. For single-family homes or duplexes, landlords must:

• Follow all applicable building, housing, and health codes; or
• If there are no applicable building housing or health codes, maintain the plumbing, roof, windows, screens, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and working condition.

For apartments, landlords must do the above, plus make reasonable provisions for:

• Extermination of pests, including rats, mice, ants, bed bugs, and wood-destroying bugs;
• Locks and keys
• Clean and safe common areas
• Garbage disposal facilities and outside receptacles
• Functioning running water, hot water, and heat

To comply with these obligations, landlords are also required to make reasonable repairs when necessary.

Although landlords have the right to reasonable entry, tenants have the right to peaceful possession of their property. This means landlords cannot unreasonably interfere with their tenants’ use and enjoyment of the property.

Landlords also have an obligation to comply with local, state, and federal laws, including:

• Notifying a prospective tenant who is in the military of the approval or rejection of their application within 7 days,
• Not discriminating against a tenant based on their race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, or disability,
• Not retaliating against the tenant (such as by shutting off the utilities if the tenant complains about housing conditions), and
• Unreasonably withholding a security deposit.

When it comes to security deposits, there is no limit as to how much landlords can charge, provided that the security deposit does not include non-refundable fees. The security deposit must be stored by posting a surety bond, or in a bank account. Written notice of how the security deposit is being held must be provided to a tenant within 30 days.

Landlords can deduct money from the security deposit for unpaid rent, utilities, or property damage beyond reasonable wear and tear. If there are any deductions, landlords must notify a tenant within 30 days. Otherwise, a landlord must return the security deposit within 15 days, along with any accrued interest.

Property owners must also follow a specific procedure to evict a tenant. If a tenant violates a lease term or fails to pay rent, you cannot engage in self-help eviction by changing the locks or another tactic. Instead, you must provide written notice to the tenant and then file a petition for eviction with a Hillsborough County court. You must then serve a summons and complaint on the tenant and get a court order for eviction.

You could face stiff penalties if you violate Florida’s landlord-tenant laws. For example, if you wrongfully deduct charges from a tenant’s security deposit, you may be required to pay up to 3 times the amount. If you attempt to evict a tenant outside of the court process, you may owe the tenant money for the greater of their actual and consequential losses or three months rent, plus court costs and attorneys’ fees.

How a Property Management Company Can Help

Most landlords only manage their properties part-time. Many work full-time jobs, are retired, or simply bought a place to supplement their income. If you fall into this category, then property management services may be incredibly useful for you.

A property manager will handle all of the details of your rental property, including staging, photographing, and marketing the property. They will perform tenant screening for you, including asking questions, calling references, and performing background and credit checks. Your property manager will do all of this while considering federal and state laws governing housing discrimination to ensure you are not charged with a violation.

Once a tenant is approved, your property management company will have them sign a lease. They will then do a walk-through of the property with the tenant and advise them of policies and procedures. Moving forward, they will handle rent payments, maintenance and repair issues, and any problems that may arise.

If a tenant violates the lease or stops paying rent, your property management company can ensure that the matter is handled in accordance with Florida law. This includes providing written notice to cure and filing the appropriate court paperwork.

Having a property manager handle your rental properties can reduce stress and give you more free time. It also relieves you of the burden of ensuring you don’t inadvertently violate Florida’s landlord-tenant laws - which can save you money over time. Professional property management services protect your investment and your bottom line.

Considering Hiring a Property Management Company?

Call Eaton Realty It is entirely possible to manage your own rental properties - but it can also be a huge hassle, with the added potential for making costly mistakes. From dealing with problem tenants to making sure that you follow all state and federal laws, managing investment properties can be challenging. We’re here to help.

Eaton Realty provides full-service property management throughout Hillsborough County, Florida. We have more than 20 years of experience in the Tampa housing market and are well-versed in Florida’s landlord-tenant laws. To learn more about our property management services, fill out our online contact form or give us a call at 813-672-8022 to talk to a team member.

The information disclosed above about fair housing laws does not constitute legal or financial advice. Use this information at your own discretion and consult a legal or financial professional for further guidance on Florida landlord-tenant laws.

Additional Legal Reading For Landlords

• Landlord Guide To The Florida Fair Housing Act
• Breaking A Lease In Florida: Landlord & Tenant Rights
• Understanding The Hillsborough County Eviction Process