LANDLORD AND TENANT LAW

Renters know they have certain rights when it comes to disputes with their landlords, but often they don't know what those rights are.  We have developed this page with the intention of answering many of your questions regarding landlord/tenant relationships.  This is not intended to be a complete summary of Florida's Landlord/Tenant Law (Statute 83, Part II).  For a complete copy of the law please contact the local County Court House or visit the public library.

This information pertains to those who rent a residential dwelling (house, apartment, condominium, mobile home AND lot, duplex, etc.).  If you own a mobile home and rent space these guidelines may not apply.

  BEFORE YOU RENT:

•  A tenant is an equal party with a landlord. You never have to agree to any lease arrangement.  Before renting a dwelling, be sure the lease covers all the issues addressed on this page.  Before you sign, make sure you thoroughly understand the terms of the contract.  If you don't understand, don't sign the lease.  There is no required grace period for canceling leases so if you sign, your are bound to the agreement.   Walk through the premises to determine any problems with the property that should be fixed before you rent.  Take pictures of any questionable conditions, and include provision for repairs in the lease or in a separate written agreement.

  ORAL OR WRITTEN LEASES:

• A lease is an agreement to rent property.  It may be written or oral.  Most are written, however, because oral agreements can be subject to misunderstandings.  A written lease can be in the form of a formal contract or simply a copy of a letter that states the rights and obligations of both tenant and landlord.

• Florida law requires that most notices to and form a landlord must be in writing, even if the rental agreement is oral.  Therefore, you should always retain a copy of any correspondence to or from your landlord.

• If there is no written lease, the span of your rental payment (weekly, monthly, etc.) determines the length of the agreement.  All other terms are either those specifically addressed by law or those that are part of the oral contract between you and your landlord.

  WHO IS RESPONSIBLE FOR WHAT?

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

• There are certain responsibilities outlined by law that apply to each of you, however.

  Landlord:  The landlord's responsibilities depend upon the type of rental unit.  If hte unit is a single-family house, duplex, triplex, or mobile home, he must:

• Comply with the building, housing and health codes;

• Keep the roof, windows, screens, floors, outside walls and all other structural components in good repair;

• Keep the plumbing in reasonable working condition.

The landlord's obligations may be altered or modified in writing with respect to a single-family home or duplex.  If the unit is a triplex or other type unit, unless otherwise agreed upon in writing, he must:

• Provide for the extermination of rats, bugs and wood-destroying organisms;

• Provide locks and keys

• Provide a functioning heating device;

• Provide running water and hot water;

• Remove garbage from the premises;

• Provide a smoke detection.

This does not mean that the landlord is obligated to pay for utilities, water, fuel or garbage removal, although he may choose to.  Other provisions may also be altered by the written lease agreement.

  Tenant: You are responsible for:

• Complying with housing and health codes;

• Keeping the dwelling clean;

• Removing garbage from the dwelling;

• Keeping the plumbing repaired;

• Not defacing or damaging the premises;

• Occupying the dwelling without disturbing the peace;

• Not abusing the electrical, plumbing, heating, air conditioning or other systems furnished by the landlord.

  IF THE LANDLORD DOES NOT COMPLY...

• You may be able to withhold the rent if your landlord fails to do what the law or hte lease requires.  You must, however, announce your intention by certified mail at least 7 days before the rent is due to allow time to remedy the problem.  If the problem is not corrected within the seven days and you withhold the rent the landlord may take you to court to collect it.  Under these circumstances, you must pay the rent in the court registry pending the judge's determination of the case.

  IF THE TENANT DOES NOT COMPLY...

• You can be evicted for not living up to your end of the lease.  The process of removal depends on the offense.

  FAILURE TO MEET LEASE OBLIGATIONS

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

  NON-PAYMENT OF RENT:

• The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move.  If you do not pay rent or move, the landlord may begin action to evict you.

• In order for the landlord to gain payment of the rent or possession of the dwelling, he must file suit in county court.  If the court agrees with the landlord, it will notify you in writing.  You then have five day (excluding weekends and legal holidays) to respond - also in writing - to the court.  If you don't 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 you will be evicted in 24 hours.

  OTHER EVICTIONS:

• Under certain circumstances, for example, if the tenant has exhibited a lack of consideration for the rights and privacy of others, a landlord has the right to require a tenant to move with very little notice.

• In some cases (destruction, damage, misuse of property, unreasonable disturbances), the landlord does not have to give you the opportunity to cure the problem and may terminate your tenancy by giving your a seven-day written notice.

• Each eviction case is unique, so be sure to obtain legal advice.  A landlord may not evict a tenant solely in retaliation for the tenant complaining to a governmental agency about a code violation, joining or establishing a tenant's "union" or similar organization, or asserting other tenant rights.

  Florida law doesn't allow a landlord to force a tenant out by:

• Shutting off the utilities or interrupting service, even if the service is in the landlord's name

• Changing the locks or using a device that denies the tenant access

• Removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement)

• Removing the tenant's personal property from the dwelling unit unless action is taken after surrender, abandonment or a lawful eviction

If any of these occur, the tenant may sue for actual and consequential damages or three month's rent, which ever is greater, plus court costs and attorney's fees.

  DEPOSITS AND/OR ADVANCE RENT REQUIREMENTS:

• A landlord has the discretion to collect various deposits as well as some rent in advance.  These advance payments generally range from a 1/2 month's rent to 2 month's rent.  Be careful about making any deposit unless you have definitely decided to move into the unit.  A tenant who puts down a deposit, but then decides not to occupy the unit, may not be entitled to a refund.  If a deposit is non-refundable, it must be so stated in the rental agreement.

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

• When you move out, your landlord must either return your deposit (plus interest, if applicable) within 15 days of termination of the lease, or justify in writing, within a 15 day period, why he is keeping a portion or all of he money.  The justification must be sent by certified mail to your last known mailing address.  If the notice is not sent as required within the 15-day period, the landlord forfeits his right to impose a claim unless you failed to give proper notice prior to vacating.  If the tenant objects to the landlord retaining all or a portion of the deposit the matter may be taken to a court of competent jurisdiction.

  SUBLETTING:

• A way to sometimes get out of lease before it expires is to find another renter to assume the lease.  Before you sublet, your landlord must grant you permission or it must be part of your contract.  If it is allowed, try to find someone to take over by the time you leave so there is no interruption in occupancy.  Remember, when you sublet you become, in effect, the landlord.  So don't forget to check references and verify the renter's ability to make prompt payments.  When you sublet a dwelling your are still responsible for the property, including all damages, according to the terms of the lease.  You are also responsible for the rent if the person you sublet too doesn't pay.

• Sometimes you may not be allowed to sublet, but may be able to terminate your lease prematurely if you find a new tenant to take over immediately.  In this way, the landlord loses no rent and you are relieved of further responisbility.  Your lease is terminated and a new agreement is signed between the other parties.

  ACCESS TO THE PREMISES:

• Once you lease a dwelling unit your right to possession is much the same as if you owned it.  The landlord can, however, enter at reasonable times and with proper notice to inspect, make necessary or agreed upon repairs, decorations, alterations, or improvements; supply agreed upon services or show it to a prospective or actual purchaser or tenant, workman or contractor.

  The landlord may also enter at any time when:

• The tenant has given consent;

• There is an emergency;

• The tenant unreasonably withholds consent;

• The tenant is absent for an extended period (but only to "protect or preserve" the premises).

  WHEN YOU DECIDE TO MOVE:

• Don't forget to give the required notice.  Be sure to check your lease for any other specified conditions.

• Under certain circumstances or if allowed by the provisions of the lease, a lease agreement may be ended when either party gives written notice to the other of his intention.  Send all correspondence relating to your intention to move to the landlord by certified mail or deliver it by hand and insist on a receipt.  It is usually a good idea to talk with the landlord in person, too.  If you must cancel a lease before its expiration date, perhaps the landlord will accept your security deposit as your total financial obligation.  If so, be sure to obtain a signed agreement to this effect from the landlord.

• Normally, when a lease is about to expire neither the landlord nor the tenant must give a reason for serving notice to vacate.

• When you move from a rental unit - no matter whether you have lived ther for a few moth or several years - be sure to settle all accounts.  Terminate utility service the day you leave, notify the post office, friends and colleagues of the address change and make other arrangements to minimize inconvenience to the landlord or the new tenants.

• One of your most important responsibilities as a tenant is to leave the premises in clean condition for hte next occupant.  Be sure to vacuum, sweep, clan all room, cabinets and appliances.  Take a last walk-through with the landlord.  Note any damages in writing and reach a final agreement.

Renting is an increasingly popular style of living in Florida, especially as single-family housing costs climb and more people choose to move when job or other circumstances require.  Living in a rental unit can be an enjoyable and relatively carefree experience fo rpeople who do not want the responsibility of ownership and maintenance.  When  you understand your responsibilities and rights as a tenant, the technicalities of leases are not so bewildering.

For additional information please go to the Department of Agriculture and Consumer Services Online!