Florida Residential Landlord and Tenant Act

Florida residential landlord-tenant law is primarily governed by the Florida Residential Landlord and Tenant Act, which outlines the rights and responsibilities of both landlords and tenants. 

• Written vs. Oral: Leases can be written or oral, but written agreements are preferred for clarity.
• Duration: Typically, leases are for a fixed term but can also be month-to-month.
• Essential Terms: Should include rent amount, payment due date, and maintenance responsibilities.

• Limits: There are no statutory limits on the amount a landlord can require.
• Handling: Landlords must hold deposits in a separate account and inform tenants of the deposit’s location.
• Return: Must be returned within 15 days of lease termination if no deductions are made. If deductions are made, landlords have 30 days to notify tenants.

• Payment: Due as specified in the lease. Late fees are enforceable if outlined in the agreement.
• Increases: Must comply with lease terms; typically not allowed during a fixed-term lease unless specified.

• Landlord Responsibilities: Under the Florida Residential Landlord and Tenant Act, landlords are required to maintain the property in a habitable condition, ensuring compliance with health and safety codes.
• Tenant Responsibilities: Keep the property clean and not cause damage beyond normal wear and tear.

• Notice: Landlords must provide at least 12 hours’ notice prior to entry unless there’s an emergency.
• Purpose: Entry is allowed for repairs, inspections, or showing the property.

• Fixed-Term Leases: Automatically end unless renewed.
• Month-to-Month: Requires 15 days’ notice from either party to terminate.
• Early Termination: Tenants may break the lease under certain conditions, such as military deployment or if the property is uninhabitable.

• Grounds: Non-payment of rent, lease violations, illegal activity, etc.
• Process: Following the guidelines set by the Florida Residential Landlord and Tenant Act, Landlords must provide a written notice, and if unresolved, file an eviction lawsuit.
• Court Procedure: Tenants can contest evictions in court.

• Right to Quiet Enjoyment: Tenants have the right to undisturbed use of their rental property.
• Anti-Discrimination: Protection under the Fair Housing Act against discrimination based on race, color, national origin, religion, sex, familial status, or disability.

• Prohibition: Landlords cannot retaliate against tenants for exercising their legal rights, such as reporting code violations.

This overview provides a foundational understanding of tenant rights and landlord obligations under the Florida Residential Landlord and Tenant Act, but consulting with an attorney from FGC Attorneys can offer more detailed guidance.