Renters know they have certain rights when it comes to disputes with their landlords, but often
they don't know what those rights are. Florida's Landlord-Tenant Law can be found in
Florida Statute, Chapter 83, Part II. The following applies to those who rent a residential dwelling (house, apartment,
condominium, mobile home and lot, duplex, etc.). If you own a mobile home and rent space, these
guidelines may not apply and most likely fall under
Florida Statute, Chapter 723.
Before You Rent
A tenant is an equal party with a landlord. You never have to agree to any lease arrangement.
Before renting a dwelling, be sure the lease covers all the issues addressed here.
Before you sign, make sure you thoroughly understand the terms of the contract. If you don't
understand, don't sign the lease. There is no required grace period for canceling leases, so if you
sign, you are bound to the agreement.
Walk through the premises to determine any problems with the property that should be fixed before
you rent. Take pictures of any questionable conditions and include a provision for repairs in the
lease or in a separate written agreement.
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Oral and Written Leases
A lease is an agreement to rent property. It may be written or oral. Most are written, however,
because oral agreements can be subject to misunderstandings. A written lease can be in the form of
a formal contract or simply a copy of a letter that states the rights and obligations of both
tenant and landlord.
Florida law requires that most notices to and from a landlord must be in writing, even if the
rental agreement is oral. Therefore, you should always retain a copy of any correspondence to or
from your landlord.
If there is no written lease, the span of your rental payment (weekly, monthly, etc.) determines
the length of the agreement. All other terms are either those specifically addressed by law or
those that are part of the oral contract between you and your landlord.
Who is Responsible for What?
You and your landlord share many responsibilities. Maintenance of the premises is a good example.
Your landlord must provide a healthy, properly maintained place for you to live, and you are
required to keep the premises in good condition and to occupy them as a peaceful neighbor.
There are certain responsibilities outlined by law that apply to each of you, however.
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The Landlord's Responsibilities
The landlord's responsibilities depend upon the type of rental unit. If the unit is a single-family
house, duplex, triplex or mobile home, the landlord must:
Comply with building, housing and health codes;
- Keep the roof, windows, screens, floors, outside walls and all other structural components in good
repair; and
- Keep the plumbing in reasonable working condition.
If the unit is a triplex or other type of unit, unless otherwise agreed upon in writing, the
landlord must:
Provide for the extermination of rats, bugs and wood-destroying organisms;
Provide locks and keys;
Provide a functioning heating device;
Provide running water and hot water;
Remove garbage from the premises; and
Provide a smoke detection device.
This does not mean the landlord is obligated to pay for utilities, water, fuel or garbage removal,
although he or she may choose to. Other provisions may also be altered by the written lease.
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The Tenant's Responsibilities
As a tenant, you are responsible for:
- Complying with housing and health codes;
- Keeping the dwelling clean;
- Removing garbage from the dwelling;
- Keeping the plumbing repaired;
- Not defacing or damaging the premises;
- Occupying the dwelling without disturbing the peace; and
- Not abusing the electrical, plumbing, heating, air conditioning or other systems furnished by the
landlord.
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If the Landlord Does Not Comply
You may be able to withhold the rent if your landlord fails to do what the law or the lease
requires. You must, however, announce your intention by certified mail at least seven days before
the rent is due to allow time to remedy the problem. If the problem is not corrected within the
seven days and you withhold the rent, the landlord may take you to court to collect it. Under
these circumstances, you must pay the rent into the court registry pending the judge's
determination of the case.
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If the Tenant Does Not Comply
You can be evicted for not living up to your end of the lease. The process for removal depends on the
offense.
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Failure to Meet Lease Obligations
Except for the failure to pay rent, a landlord must notify you, in writing, of the shortcoming, and
give you seven days to correct the situation. If you still have not complied after seven days, the
landlord can begin the eviction process.
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Non-Payment of Rent
The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and
legal holidays) for you to pay the rent or move. If you do not pay rent or move, the landlord may begin
action to evict you.
In order for the landlord to gain payment of the rent or possession of the dwelling, he must file suit
in county court, and provide the court with a copy of the three day notice. If the court agrees with
the landlord, it will notify you in writing. You then have five days (excluding weekends and legal
holidays) to respond -- also in writing -- to the court. If you don't respond or a judgment is entered
against you, the clerk of the county court will issue a "writ of possession" to the sheriff who will
notify you that you will be evicted in 24 hours.
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Other Evictions
Under certain circumstances, for example, if the tenant has exhibited a lack of consideration for the
rights and privacy of others, a landlord has the right to require a tenant to move with very little
notice.
In some cases (destruction, damage, misuse of property, unreasonable disturbances), the landlord does
not have to give you the opportunity to cure the problem and may terminate your tenancy by giving you
a seven-day written notice.
Each eviction case is unique, so be sure to obtain legal advice. A landlord may not evict a tenant
solely in retaliation for the tenant's complaining to a governmental agency about a code violation,
joining or establishing a tenant's "union" or similar organization, or asserting other tenant rights.
Florida law does not allow a landlord to force a tenant out by:
- Shutting off the utilities or interrupting service, even if the service is in the landlord's name;
- Changing the locks or using a device that denies the tenant access;
- Removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair
or replacement); and
- Removing the tenant's personal property from the dwelling unit unless action is taken after surrender,
abandonment or a lawful eviction.
If any of these occur, the tenant may sue for actual and consequential damages or three month's rent,
whichever is greater, plus court costs and attorney's fees.
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Deposits and/or Advance Rent Requirements
A landlord has the discretion to collect various deposits as well as some rent in advance. These
advance payments generally range from a half-month's to two-month's rent. Be careful about making any
deposit unless you have definitely decided to move into the unit. A tenant who puts down a deposit,
but then decides not to occupy the unit, may not be entitled to a refund. If a deposit is
non-refundable, it must be so stated in the rental agreement.
A damage deposit is one of the most common requirements of landlords. At the time of your pre-rental
walk-through with the landlord, you should make note of damaged items or areas, worn rugs, broken
fixtures, etc., and give a copy to the landlord. Keep a copy for your files. This may eliminate or
minimize disputes later.
When you move out, your landlord must either return your deposit (plus interest, if applicable) within
15 days of termination of the lease, or justify in writing, within a 30-day period, why he or she is
keeping a portion or all of the money. The justification must be sent by certified mail to your last
known mailing address. If the notice is not sent as required within the 30-day period, the landlord
forfeits his right to impose a claim unless you failed to give proper notice prior to vacating. If the
tenant objects to the landlord's retaining all or a portion of the deposit, the matter may be taken to
Small Claims Court.
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Subletting
A way to get out of the lease before it expires is to find another renter to assume the lease. Before
you sublet, your landlord must grant you permission or it must be a part of your contract. If it is
allowed, try to find someone to take over by the time you leave, so there is not interruption in
occupancy. Remember, when you sublet you become, in effect, the landlord. So don't forget to check
references and verify the renter's ability to make prompt payments. When you sublet a dwelling you are
still responsible for the property, including all damages, according to the terms of the lease. You
are also responsible for the rent if the person you sublet to doesn't pay.
Sometimes you may not be allowed to sublet, but may be able to terminate your lease prematurely if you
find a new tenant to take over immediately. In this way, the landlord loses no rent and you are
relieved of further responsibility. Your lease is terminated and a new agreement is signed between the
other parties.
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Access to the Premises
Once you lease a dwelling unit, your right to possession is much the same as if you owned it. The
landlord can, however, enter at reasonable times and with proper notice to inspect, make necessary or
agreed upon repairs, decorations, alterations or improvements; supply agreed upon services or show it
to a prospective or actual purchaser or tenant, mortgagee, workman or contractor.
The landlord may also enter at any time when:
- The tenant has given consent;
- There is an emergency;
- The tenant unreasonably withholds consent; and
- The tenant is absent for an extended period (but only to "protect and preserve" the premises).
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When You Decide to Move
Don't forget to give the required notice. The table below indicates appropriate notification if a
specific time period is not included in the lease agreement. Be sure to check your lease for any other
specified conditions.
| Payment Period |
Days of Written Notice Required
(Before the end of the lease ) |
| Weekly |
7 days |
| Monthly |
15 days |
| Quarterly |
30 days |
| Yearly |
60 days |
Under certain circumstances or if allowed by the provisions of the lease, a lease agreement may be
ended when either party gives written notice to the other of his intention. Send all correspondence
relating to your intention to move to the landlord by certified mail (return receipt requested) or
deliver it by hand and insist on a receipt. It is usually a good idea to talk with the landlord in
person, too. If you must cancel a lease before its expiration date, perhaps the landlord will accept
your security deposit as your total financial obligation. If so, be sure to obtain a signed agreement
to this effect from the landlord.
Normally, when a lease is about to expire, neither the landlord nor the tenant must give a reason for
serving notice to vacate.
When you move from a rental unit - no matter whether you have lived there for a few months or several
years - be sure to settle all accounts. Terminate utility service the day you leave, notify the post
office, friends and colleagues of the address change and make other arrangements to minimize
inconvenience to the landlord or the new tenants.
One of your most important responsibilities as a tenant is to leave the premises in clean condition for
the next occupant. Be sure to vacuum, sweep, and clean all rooms, cabinets and appliances. Take a last
walk-through with the landlord. Note any damages in writing and reach a final agreement.
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Military Service
Section 83.682, Florida Statutes provides that a service member may terminate his or her rental
agreement under certain conditions.
Now You Know
Renting is an increasingly popular style of living in Florida, especially as single-family housing
costs climb and more people choose to move when job or other circumstances require. Living in a rental
unit can be an enjoyable and relatively carefree experience for people who do not want the
responsibility of ownership and maintenance. When you understand your responsibilities and rights as a
tenant, the technicalities of leases are not so bewildering.
If you need additional consumer information you can contact the Hillsborough County Consumer Protection
Agency at 813-903-3430 or the Florida Division of Consumer Services at 1-800-435-7352 (for English)
and 1-800-352-9832 (en Español) or 1-850-488-2221 (out of state).
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