Landlords Under The Law:
When you rent a house, apartment, condo, or mobile home to someone, you enter into a legal contract called a rental agreement.
This agreement may be verbal or written. A written rental agreement is known as a lease, and both Florida landlords and tenants are expected to honor it. Understanding the rights and duties of landlords in Florida is crucial for maintaining lawful and smooth rental arrangements.
Florida law defines specific conditions for all rental arrangements, so landlords must understand these terms before renting. Even without a written lease, both Florida landlords and tenants still have legal rights and duties under state law.
Landlord Rights and Duties
As a landlord, you have the right to collect rent for the use of your property.
You also have the right to get your property back undamaged at the end of the rental term, except for normal wear and tear. Florida landlords must ensure their properties meet these expectations to avoid potential disputes.
In exchange, you must provide a safe home that meets housing code standards and make repairs when needed.
You must also respect your tenant’s right to peaceful possession.
Once you rent your property, the tenant gains full possession and use of it without interference. You can inspect your property, but you must give at least 12 hours’ notice. Avoid entering at odd hours or showing the home without prior notice or consent, as these are practices Florida landlords should avoid.
Tenant Protections
Florida law protects tenants from unfair treatment. You cannot raise rent, reduce services, or threaten legal action as retaliation or discrimination.
If you retaliate after a tenant reports housing issues, the law presumes retaliation.
You also cannot lock out a tenant, shut off utilities, or remove their belongings, doors, or appliances.
If you do, the tenant can recover damages equal to three months’ rent or actual damages—whichever is greater.
Ending a Tenancy
If there’s no written lease or it doesn’t specify otherwise:
- A month-to-month tenancy requires 15 days’ written notice before the end of the month.
- A week-to-week tenancy requires 7 days’ written notice before the end of the week.
All notices must be in writing and personally delivered to the tenant.
If the tenant is absent, post the notice on the door.
If your agreement requires the tenant to give up to 60 days’ notice before moving out, you must also provide the same notice if you choose not to renew.
Tenants in foreclosed homes sold to new owners must receive at least 30 days’ written notice after the title transfers.
Handling Abandonment and Unpaid Rent
If a tenant leaves before the rental term ends and doesn’t return for 15 days without notice, you can treat the property as abandoned and re-enter it.
If the tenant leaves personal belongings or owes rent, consult an attorney before disposing of their property or re-renting the unit.
Eviction Procedures in Florida
If a tenant fails to pay rent or refuses to leave, you must follow the Florida eviction process.
Serve the proper notices first. If the tenant ignores them, file a complaint in court and have the tenant served with a summons. Florida landlords need to adhere strictly to these procedures.
After five business days, you can request a hearing.
If the tenant doesn’t respond or pay, you may proceed with eviction after receiving a court order.
If the tenant disputes the rent amount, the court will hold a hearing.
To recover money damages, wait 20 days before requesting a damages hearing.
At the hearing, ask the judge for eviction.
If the court rules in your favor, the sheriff delivers an eviction notice.
The tenant then has 24 hours to vacate before the sheriff removes them and supervises the removal of belongings.
Because eviction law involves strict procedures, seek legal advice before filing. Even a small mistake can delay your ability to regain possession.
Final Considerations for Landlords
The landlord-tenant relationship is a binding legal contract, this is your Rights and Duties of Landlords in Florida
You must provide safe housing, maintain repairs, and respect your tenant’s rights.
In return, you may collect rent and inspect your property with reasonable notice or during emergencies. Florida landlords should follow these guidelines to ensure a smooth operation.
At the end of the lease, the tenant must return the property without damage beyond normal wear and tear.
You must refund or account for any security deposit according to state law.
If you need legal advice, contact your attorney.
If you don’t have one, call The Florida Bar Lawyer Referral Service at (800) 342-8011 or reach out to a local legal aid office for assistance.
Source: https://www.floridabar.org/