Knowing the fundamentals of the landlord-tenant law in Florida is vital if you want a healthy relationship with your tenant. Each law may vary from state to state, so logically, a rental agreement must be unique to a specific rental case. For more information on landlord-tenant laws in Florida, keep reading.
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Now, let’s dive in.
These laws and agreements for landlords and tenants are shown in the Florida Statutes. You can find them in Part II, Chapter 83, inside the Florida Landlord Tenant Act.
A lease agreement can be arranged orally or in written form. A written rental agreement is more recommended than an oral one since you can have documented proof of everything you and the tenant agreed upon.
Regardless of the type of agreement that a landlord and tenant make, both their rights and responsibilities are bound by the Florida Landlord-Tenant Laws.
Lease agreements may differ slightly in some terms, but some details should always be considered at the time of writing the agreement and discussing it with the tenant.
Overall, this is what a lease agreement in Florida should always have to avoid future issues:
The most important thing to include in any agreement is lease dates, fees, late fees, and early termination policies. These are the most common causes of misunderstandings and confusion among tenants and landlords, so it's crucial to explain them thoroughly. It's also important to understand what a landlord cannot do in Florida.
The first thing that's important to consider in a rental agreement is both the landlord and tenant's responsibilities and duties. The landlord usually decides these terms according to their personal requirements and state laws. However, they can also be discussed with the tenant to come to an agreement before signing.
Here's an overview of landlord-tenant responsibilities in a rental agreement.
According to Florida statutes, the landlord may have different duties depending on the type of dwelling unit they're renting.
When it comes to apartment leases, the landlord should ensure that the following conditions are met throughout the duration of the lease:
It's important to note that the landlord is not required by Florida law to pay for appliances, but they can do it if they consider it appropriate.
In these cases, the landlord shall meet the following requirements:
To maintain a proper landlord-tenant relationship, the tenant must do the following things:
To this day, Florida landlord-tenant laws don't require any specific terms regarding payment of rent or fees. This means that any payment conditions need to be arranged between the landlord and the tenant.
The only thing that the Florida landlord-tenant laws say regarding payments is that the tenant must pay rent on time according to the rental property agreement. If the landlord fails to comply with general property repairs, tenant rights allow them to withhold rent.
If this happens, tenants must provide a written notice at least seven days before withholding the payment. If the landlord still doesn't fix the problem in that time period, the tenant has the right to impose a claim. These terms can be found in the "Defenses to Action for Rent or Possession" clause in the Florida statutes.
On the other hand, if the tenant fails to pay the rent for other reasons, the landlord can give written notice to the tenant asking them to pay or surrender the premises in a specific period. If the tenant fails to pay the rent, the landlord can look for civil action for possession of the dwelling unit.
There are no grace periods or late fee conditions imposed by Florida landlord-tenant laws. This means that it's up to the landlord to impose these conditions and discuss them with the tenant.
According to Florida landlord-tenant laws, the landlord must provide repairs for any damaged appliance or fixture that voids Florida's warranty of habitability, which explains that landlords must give proper maintenance to the rental unit to keep it in safe and fair housing conditions.
In the case of these repairs, the tenant shall notify the landlord about the issue and give them at least seven days to fix it. If the property isn't safe for the tenant, the landlord has to provide the necessary help; otherwise, the tenant may seek legal advice, withhold partial rent, or terminate the lease.
A security deposit is one of the most common requirements in all lease agreements. Florida residential landlord-tenant laws (Chapter 83, section 49) explain that the landlord must not use the security deposit funds in any way until those funds are due to them.
Landlords have three options to store the security deposit funds that they get from the tenant:
According to Florida landlord-tenant law, there's no limit on the number of money landlords can charge in their security deposits. Landlords are required to return a partial o complete amount of the security deposit within 15 days of the tenant moving out.
If the landlord fails to return the security deposit within those 15 days, the tenant may seek legal help.
A landlord or tenant may terminate the rental agreement for the following reasons:
Regardless of the cause, the landlord must give the tenant a notice of eviction. A landlord may draft a different type of notice depending on the reason for eviction.
For your own lease agreement template for Florida, visit DoorLoop's Forms Page and download the PDF or Word template.
When the landlord has a cause for terminating the agreement, these are the most common types of notices:
A landlord may terminate an agreement without cause depending on the type of arrangement:
Following these clauses carefully is important if you want to have a safe and understandable agreement between you and your tenant. It's still advisable that you seek legal advice before writing the lease agreements.
