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Below is a summary of the current Landlord / Tenant laws for the State of Florida. All Florida rental statutes can be found here on the official Florida State’s statutes page.

These laws can change at anytime and may be different is some counties compared to others. Please consult with a local real estate attorney to help answer your specific needs.

 

 

 

Landlord / Tenant Laws in Florida

(83.01) and (83.02)

For unwritten leases is held to be a tenancy at will unless it shall be in writing signed by the lessor. Such tenancy shall be from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable.

For written leases from year to year, or quarter to quarter, or month to month, or week to week, to be determined by the periods at which the rent is payable, and the term of which tenancy is unlimited, the tenancy shall be a tenancy at will. If the rent is payable weekly, then the tenancy shall be from week to week; if payable monthly, then the tenancy shall be from month to month; if payable quarterly, then from quarter to quarter; if payable yearly, then from year to year.

(83.03)

A tenancy at will may be terminated by either party giving notice as follows:

For year to year agreements by giving not less than 3 months’ notice prior to the end of any annual period;

For quarter to quarter, by giving not less than 45 days’ notice prior to the end of any quarter;

For month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and

For week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.

(83.05)

If tenant fails to pay the rent at the time it becomes due, the lessor has the right to obtain possession of the premises as provided by law. However, this presumption does not apply if the rent is current or the tenant has notified the landlord in writing of an intended absence.

(83.06)

When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord may demand of such tenant double the monthly rent..

(83.20)

 Any tenant may be removed from the premises in the following cases:

(1)  A tenant is still in property even after the lease has expired.

(2)  After any default in the payment of rent pursuant to the agreement, and 3 days’ notice in writing requiring the payment of the rent.

(3)  Where such person holds over without permission after failing to cure a material breach of the lease or oral agreement, other than nonpayment of rent, and when 15 days’ written notice requiring the cure of such breach or the possession of the premises has been served on the tenant.

(83.201)

If the landlord has failed to fix or repair issues within the rental property, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period of time for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld.

(83.21)

1 – After at least two attempts to obtain service as provided by law… the sheriff shall serve the summons by attaching it to some part of the premises involved in the proceeding. The minimum time delay between the two attempts to obtain service shall be 6 hours.

2 -If a landlord causes, or anticipates causing, a defendant to be served with a summons and complaint solely by attaching them to some conspicuous part of the premises involved in the proceeding, the landlord shall provide the clerk of the court with two additional copies of the complaint and two prestamped envelopes addressed to the defendant.

(83.45)

If the court as a matter of law finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.

(83.46)

If there is no duration on the rental agreement, the duration is determined by the periods for which the rent is payable.

83.47

Purports to waive or preclude the rights, remedies, or requirements set forth in this part.

Purports to limit or preclude any liability of the landlord to the tenant or of the tenant to the landlord, arising under law.

If such a void and unenforceable provision is included in a rental agreement entered into, extended, or renewed after the effective date of this part and either party suffers actual damages as a result of the inclusion, the aggrieved party may recover those damages sustained after the effective date of this part.

(83.48)

In any civil action brought to enforce the provisions of the rental agreement, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorney’s fees, from the nonprevailing party.

(83.49 (9)).

For deposits made by the tenant, the landlord can do the following things with the money:

  1. hold the deposit in a separate non interest bearing account in a Florida banking institute. The funds must not be commingled with any other funds.
  2. Hold the total amount of deposit in a separate interest-bearing account in a Florida banking institution. In which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate. No interest is due to a tenant who wrongfully terminates his or her tenancy prior to the end of the rental term or:
  3. Post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety, with the clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security deposits and advance rent he or she holds on behalf of the tenants or $50,000, whichever is less.

If everything is fine with the rental and the lease has expired, the landlord has 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail if there is a claim on the deposit.

 

(83.51)

Landlord shall:

  1. Comply with all state and local building, housing and health codes or where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.
  2. Shall make reasonable provisions for:
      1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.
        2. Locks and keys.
        3. The clean and safe condition of common areas.
        4. Garbage removal and outside receptacles therefor.
        5. Functioning facilities for heat during winter, running water, and hot water.

(83.52)

(1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes.
(2) Keep that part of the premises which he or she occupies and uses clean and sanitary.
(3) Remove from the tenant’s dwelling unit all garbage in a clean and sanitary manner.
(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair.
(5) Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators.
(6) Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so.
(7) Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.

The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

The landlord may enter the dwelling unit when necessary for the further purposes under any of the following circumstances:

(a) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.