Landlord & Tenant Laws in Florida
The landlord and tenant laws in Florida require tenants and landlords to provide one another with notice prior to terminating lease agreements, require notice from landlords seeking to evict tenants and notice from landlords who are raising rent. Florida courts will uphold both oral and written agreements if they do not contain illegal terms or provisions that violate public policy or state or federal laws.
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Landlords' Legal Requirements
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Florida allows landlords to collect security deposits from their tenants to cover incidental damages to property beyond normal usage, unpaid rent or fees for cleaning their apartments. Under Florida law, landlords must return all deposits within 15 days after the tentants move out. Landlords who deduct fees for damages or unpaid rent must provide their tenants with itemized written lists of deductions within 30 days and must return any remaining deposits or must provide them with written notice of their intent to deduct. Tenants have the right to object to their deductions by sending their landlords a written objection letter within 15 days of receiving their landlords' itemization or written intention notice.
Right of Entry
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Landlords must comply with the state law prohibiting entry without consent. To enter their rentals, landlords must obtain their tenants' consent prior to entering their homes. However, Florida law allows landlords to enter for emergency repairs without providing advance notice and obtaining consent. Landlords also have the right to enter without advance notice if their tenants leave their rentals for half of their rental periods. For instance, landlords may enter their month-to-month tenants' homes if their tenants have vacated their homes without providing notice or paying rent for at least 15 days. Landlords also have the right to enter for non-emergency repairs after providing at least 12 hours of advance notice between reasonable hours. In Florida, courts consider entry between 7:30 a.m. and 8:00 p.m. as reasonable.
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Tenants' Rights Against Unlawful Evictions
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Before landlords in Florida can legally evict their tenants, they must provide them with written notice, and the amount of notice they must provide depends on their reasons for eviction. Landlords must provide tenants who are behind in rent with at least three days' written notice prior to filing for eviction in court. For tenants who breach their leases by noncompliance, landlords must give them at least seven days' written notice. Tenants have the right to remain in their homes if they are able to pay rent within three days or cure their defaults within seven days. However, some violations are incurable, including committing felonious crimes in their rental units or excessively damaging property. Curable violations include failure to comply with a landlord's "no-pets" policy, and a tenant may cure the violation by either paying her landlord a security deposit covering incidental pet damages or finding another home for her pet.
Court Procedures
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Landlords who sue their tenants in court after providing them with the required notice must serve them with a summons and motion to evict by personal service (process server). Landlords can seek writs of possession allowing them to evict their tenants by sheriff-assisted removals after 24 hours of obtaining their court orders.
Considerations
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Since real estate laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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