Landlord and Tenant Rights in Florida
In Florida, landlord and tenant laws protect property owners and tenants involved in a rental relationship. Florida landlords must follow the rules regarding ending tenancies and giving notice to tenants. Property owners cannot use self-help measures to force tenants out of a residence, such as turning off the utilities and services or changing the locks in the home.
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Security Deposits
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Florida law does not limit the amount a landlord can ask for a security deposit from a tenant. The landlord is required to hold the security deposit in an interest-bearing account. Landlords must return the security deposit within 14 days after the tenant leaves the property if there is no claim to the money by the property owner. When the property owner has a claim to the security deposit to repair the property or for unpaid rent, the landlord must provide the tenant with a notice delivered by certified mail listing the reason for withholding the security deposit.
Notice and Eviction Process
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Landlords must follow the legal eviction process to remove tenants from a rental property for non-payment of rent or violating the lease. Property owners must provide the tenant with notice when beginning the eviction process. For non-payment of rent, Florida law requires landlords to give the tenants three days to pay the back rent or move. When a tenant is in violation of the lease agreement, the notice must give the tenant seven days to comply with the lease or move. After a tenant fails to move, pay back rent or correct a non-compliance with the lease terms, the landlord may file a summons and complaint with the court to evict the tenant. The tenant must answer the complaint within five days and appear in court for a hearing. A Florida judge will determine if the tenant may stay in the property or move.
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Landlord Obligations
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The Landlord-Tenant law in Florida requires landlords to meet specific obligations regarding the property. Property owners must meet the property maintenance codes in the county or town where the property is located. Landlords must ensure the property is in good repair and is a safe environment for tenants.
Tenant Obligations
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Tenants have obligations under the Florida law as well. The tenant must keep the residence clean and sanitary, remove garbage from the property, use the electrical, plumbing, heating and ventilation appliances in a safe manner, and use care not to destroy or damage the property.
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