Do you own or plan to buy real estate in Florida? The Sunshine State is one of the best places to buy a rental property, but all investors and landlords should be informed about federal, state, and local landlord-tenant laws so they don’t find themselves in legal trouble. In this article, we’ll share what a landlord cannot do in Florida, as well as some tips that will make managing your properties that much easier!
Disclaimer: The information in this article is for educational purposes only and does not constitute legal advice. Florida landlord-tenant laws are subject to change and may apply differently based on specific circumstances. For legal guidance on your particular situation, please consult a qualified Florida attorney.
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You have rights, but so do your tenants! While Florida is a relatively landlord-friendly state, here are eight things landlords cannot do:
In Florida, you cannot end a lease without providing proper notice. Yearly leases require at least 60 days’ notice before the end of the lease period, while month-to-month leases require at least 30 days’ notice. Although Florida does not have statewide rent control, a landlord cannot raise a tenant’s rent during a lease period.
Florida landlords must go through the legal eviction process to terminate a tenancy. They cannot remove a tenant’s belongings, shut off their utilities, or change their unit’s locks. If evicting for nonpayment, the landlord can serve a three-day notice to pay rent or quit. If evicting for a lease violation, the landlord can serve a seven-day notice to cure (fix the violation) or a seven-day unconditional quit notice.
A security deposit isn’t “extra money” you get to keep after a tenant moves out. Florida landlords have 15 days to return the tenant’s deposit after move-out or 30 days to send a written notice explaining the damages or the reasons for withholding the deposit. Keep in mind that damages must be beyond normal wear and tear.
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Landlords must provide “reasonable” notice for repairs or inspections. Typically, this means notifying the tenant at least 12–24 hours in advance, but landlords may also enter the unit if they have the tenant’s consent, if there’s an emergency, or if the tenant unreasonably withholds consent. The landlord may also enter the unit if the tenant is absent from the premises for more than half of the rent payment period (but has not notified the landlord).
Florida landlords are not legally required to provide tenants with air conditioning. However, if a unit is equipped with air conditioning at the start of the tenant’s lease, the landlord is legally obligated to maintain it. This is crucial during heatwaves, where an AC failure could have a dire effect on the tenant’s health!
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All real estate investors, including Florida landlords, must follow the guidelines laid out in the Fair Housing Act (FHA). Namely, you cannot refuse to rent to a tenant based on their race, color, religion, sex, national origin, familial status, or other protected statuses.
While you may want to tailor your lease agreement to your own rental property, you cannot put just anything in a lease. You must comply with state and local laws, so creating your own fees or notices must be done within the limits of the law.
Florida natives are no strangers to hurricanes, and landlords must make repairs promptly to ensure that the property remains habitable. This is true for all landlords whenever repairs are needed, but Florida landlords should take extra care following a major storm.
That’s a lot of rules to remember! As a Florida landlord, these tips will make your life easier:
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Always have a written lease agreement, and don’t write it yourself! The best way to ensure you have a watertight lease is to have your local property manager or real estate attorney build it. These individuals have more experience with Florida real estate and landlord-tenant laws.
Checking in on your rental is even more crucial in a state like Florida, where high heat, humidity, and hurricanes can damage your units and systems. Of course, you don’t have to do this yourself if you have a professional property manager running your property!
It can be tempting to take things into your own hands when a tenant damages your unit or stirs up trouble, but make sure you’re sticking to the rules and procedures laid out in your lease agreement. If you don’t have clarity on what you can and cannot (legally) do in a specific scenario, consult a local real estate attorney.
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Florida tenants have the right to a safe, private, and peaceful dwelling, which includes “reasonable” notice for entry or inspection. They also have the right to receive their security deposit within 15 days of move-out, barring any damage claims.
In Florida, a landlord cannot immediately evict a tenant. For nonpayment, they can begin the eviction process after serving a three-day notice to pay or quit. For lease violations, they can begin the eviction process after serving a seven-day notice to cure or a seven-day unconditional quit notice.
No, Florida landlords are not required to offer air conditioning. However, if an AC unit was included at the start of the lease, the landlord is required to make repairs as needed.