Know Your Rights - Florida Landlord/Tenant Laws

Florida law does not require a written lease; however most landlords provide a written agreement that clearly states all the terms. A lease signed by a landlord and tenant is a legally binding contract. While the law recognizes oral leases, such agreements are subject to misunderstandings and are difficult to enforce.

Before you sign anything, make sure you have completely read the lease and thoroughly understand the terms. If you DON'T understand it, DON'T sign. There is no grace period allowed for canceling leases, so if you choose to sign, you are legally bound to that agreement.

Walk through the premises to identify any problems that should be fixed BEFORE you rent. Take pictures, video or make notes of any questionable conditions and include provisions for repairs in the lease or in a separate written agreement with the landlord.

A damage deposit is the most common requirement of landlords. At the time of the pre-rental walk-through with the landlord, you should make note of damaged items or areas, worn flooring, broken fixtures, etc., and give a copy to the landlord. Keep a copy for your records, which may help eliminate or minimize disputes later.

You and your landlord share many of the responsibilities. Maintenance of the premises is a good example. Your landlord must provide a healthy, properly maintained place for you to live. You are required to keep the premises in good condition and to occupy them as a peaceful neighbor.

A tenant must also comply with current housing and health codes. The dwelling must be kept clean and free of garbage, and the tenant may not deface or damage the premises, including the electrical, plumbing, heating, air conditioning, or other systems furnished, by the landlord. The tenant is legally responsible for paying rent for the full duration of the lease, unless the written agreement stipulates provisions for breaking the lease.

The landlord's responsibilities will depend on the type of rental unit. If the unit is a single-family home, duplex or mobile home, they must comply with the requirements of applicable building, housing and health codes. This does not mean that the landlord is obligated to pay for utilities, water or fuel, although they may choose to. Other provisions relevant to a lease agreement may also be altered in writing.

Unless otherwise agreed in writing, the landlord also must remove garbage from the property and provide a smoke detector. If the rental unit is one of five or more apartments under one roof, the landlord must make reasonable provisions for pest extermination. Otherwise, this service is not required unless the presence of rats or insects constitutes a violation of health codes.

Except for the failure to pay rent, a landlord must notify you in writing of any shortcomings and give you seven days in which to correct the situation. If you still have not complied after seven days, the landlord can begin the eviction process.

In order for the landlord to gain payment of rent or possession of the dwelling, they must file suit in county court. If the court agrees with the landlord, you will be notified in writing. You then have five days (excluding weekends and legal holidays) to respond - also in writing - to the court. If you do not 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 eviction will take place in 24 hours.

When you move out at the end of your lease agreement, the landlord must either return your deposit (plus interest, if applicable) within 15 days of termination of the lease, if the landlord does not intend to impose a claim upon the security deposit; or justify in writing by certified mail, to the tenant's last known mailing address within 30-days upon termination of a lease, as to why they are keeping a portion of, or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits their right to impose a claim upon the deposit, unless you fail to give proper notice prior to vacating.

Florida Rent Locators
2316 S. Dixie Hwy.
West Palm Beach Fl. 33401
561-255-7285 - Phone
561-515-6142 - Fax
info@floridarentlocators.com Email