Florida Tenant Rights
State laws protect tenant rights in Florida and provide renters with legal recourse should their landlord fail to meet his obligations. Tenants may refer to municipal, state or federal law if they are unjustly threatened by eviction or if their landlord fails to abide by the rental lease. Under no circumstances may a landlord evict his tenant without first receiving approval by a County Court.
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Rental Leases
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A rental lease is a legally binding contract between the tenant and his landlord. Florida's residential rental laws do not require landlords to provide a written lease and can offer a property for rent based on a verbal agreement. But tenants must insist on a written lease, as this is the most effective way to guard themselves against rental hikes and eviction. A rental lease also regulates which utility bills are covered by the landlord and if any appliances must be offered with the property. A tenant who signs a one-year lease with her landlord is guarded against rental hikes or eviction for any reason other than breach of the original lease.
When signing a lease, the tenant is required to provide a deposit, to cover possible damage to the property. It is the tenant's right to receive the full deposit at the end of the rental lease, provided that the property is not damaged. Tenants should always inspect the rental property before providing a deposit and instruct the landlord to note any damage.
Landlord Obligations
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Section 83 of the Florida Statutes guarantees that tenants are provided a well maintained place to live. Landlords must comply fully with the Property Maintenance Code, which ensures that real estate offered to tenants have weather-tight windows and doors, hot water, at least one functioning toilet, two electric sockets in each room, garbage bins and a roof that does not leak.
If a landlord fails to abide by Florida's Property Maintenance Code, tenants have the right to file a complaint with the Code Enforcement Branch. After a complaint is filed, the branch contacts the landlord and informs him that he is in violation of local property laws.
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Withholding Rent
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If the landlord fails to address concerns surrounding a property's poor maintenance, the tenant has the right to withhold the monthly rent. Tenants must notify their landlord of this by certified mail seven days before the monthly rent is due. The tenant must clearly remind her landlord that he failed to comply with Section 83.60 of the Florida Statutes.
While tenants have the right to withhold their rent in these instances, they must be prepared to pay the landlord if he completes all repairs within the allocated time frame. If the landlord fails to comply and if he turns to a small claims court to evict the tenant, she must deposit the rental fee with the court registry.
Eviction
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If rent is not paid on the first of the month, the tenant has the right to remain in the property until after the County Court serves her a written Summons and Complaint. Before any legal action, the landlord must turn to his tenant in writing and request that the monthly rent be paid within three days. Failing this, the landlord may ask for a Summons and Complaint. Once this document arrives, the tenant may take five business days to respond and argue why she should not be evicted. If the court agrees with the landlord, a writ of possession gives the local sheriff the authority to issue an eviction notice and ask the tenant to vacate the premises within 24 hours.
Tenants have the right to enjoy all utilities, even if they face eviction. Landlords may never shut off the water and electricity or replace the locks on an apartment's doors. If a landlord takes such action, the tenant has the right to file a suit demanding that she be paid up to three months rent or reimbursed for any damages.
Foreclosures
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A foreclosure may impact tenants whenever landlords fail to make mortgage payments and their properties are repossessed by lenders. Before 2009, tenants in Florida had few rights after foreclosure and lenders could evict them. But in May 2009, President Barack Obama signed federal legislation giving tenants the right to remain in their home even after foreclosure. Tenants near the end of their lease have the right to stay in their home for 90 days after the arrival of a written eviction order from their new landlord.
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References
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