Florida Tenant Rights Laws

Whether you rent a home all the way up in Tallahassee or an apartment near the beaches of Miami, it's likely you'll need to know about landlord-tenant law at some point during your tenancy. In addition to the terms of your rental contract, there are many federal, state, and local laws designed to guide the rental process and protect your rights as a tenant. Read on to learn more about Florida tenant rights laws.

Florida Tenant Rights Laws: From Application to Termination

When you hear about tenants' rights, you might automatically think about eviction laws. However, these rights cover everything from the application process to after you've moved out. For example, both federal and Florida law prohibit discrimination against rental applicants and tenants based on protected characteristics like race, religion, or familial status. And once you move out, your landlords has 30 days to let you know why they intend to keep any part of your habitable living conditions. For example, if your landlord fails to make repairs necessary for health and safety you may not have to pay rent during that time. And if you're worried about the ramifications of relying on any of these tenant laws, you'll be relieved to know that it's also illegal for a landlord to retaliate against someone who exercises their tenant rights.

Florida Tenant Rights Laws at a Glance

The following chart provides a summary of Florida's landlord-tenant laws, including links to key statutes.

Statutes

Security Deposits

  • Limits: No statewide limits
  • Landlord has 15 days to return full deposit (with interest in some cases), or 30 days to notify tenant of claim against all or part of the deposit
  • Security deposit may be used if tenant:
    • Owes rent
    • Damages rental beyond normal wear and tear
    • Other lease violations

Paying Rent

  • May not raise rent during lease term (e.g. 1 year lease) unless lease allows; may raise rent upon lease renewal
  • May raise rent during periodic rental agreement (e.g. month-to-month)

Living Conditions

  • Landlord must give reasonable notice to enter, except in emergencies; at least 12 hours' notice for repairs
  • Landlord may only enter for certain reasons including emergency, to inspect unit, make necessary/agreed-upon repairs, show unit to prospective buyers or tenants
  • Landlord must provide unit fit for human habitation (must comply with building, housing, health codes; maintain aspects of unit listed in §83.51); except those caused by negligence or wrongful act or omission of tenant

Discrimination

  • No discrimination based on race, color, national origin, sex, handicap, familial status, or religion

Ending or Renewing a Tenancy

  • Landlord must give notice to terminate the tenancy:
    • Lease: according to the terms of the lease, but not more than 60 days
    • Week-to-week: minimum 7 days
    • Month-to-month: minimum 15 days
    • Quarter-to-quarter: minimum 30 days
    • Year-to-year: minimum 60 days
    • Eviction: 3 days for failure to pay rent; 7 days for violating lease, failing to cure noncompliance with the lease, or failing to fulfill other obligations as a tenant (listed in §83.52)
  • Remaining in unit after lease expires with permission of landlord makes tenant liable for one month's rent
  • Eviction: Must obtain court order

Retaliation

  • Landlord may not retaliate against tenant for exercising tenant rights

Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Florida Tenant Rights Laws: Related Resources

Know and Protect your Florida Tenant Rights Laws

Dealing with a landlord-tenant issue can be very stressful and confusing, especially when trying to grasp all your rights and obligations under the law. While many issues can be resolved directly with your landlord, some may require you to take legal action. Receive a free initial case review today to get help understanding and defending your Florida tenant rights.

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