In Florida, Chapter 83 of the Florida Statutes governs residential tenancies. Whether you live in a rental property near the beaches of Miami or all the way up in Tallahassee, you’ll need to know about your rights as a tenant. These rights cover different aspects, from landlord entry to the security deposit.
Here’s what you need to know about your rights as a tenant in Florida.
Florida building and housing codes that landlords comply with include:
For more information, check Florida’s laws on habitability and residential property.
The right to fair housing begins even before an individual affixes their signature to the rental agreement. Ratified in 1968, Florida’s Fair Housing Act prohibits landlords from discriminating against tenants when the latter is:
Under the Act, landlords are prohibited from discriminating against tenants based on:
In Florida, a landlord has the right to collect a security deposit from their tenants. Florida Statute 83.49 details the procedure that must be followed. The procedure covers:
Under Florida’s landlord-tenant law, the landlord is free to charge any amount of deposit. Usually, the deposit is equivalent to one or two months’ rent. The amount may be higher if the rental units have fully furnished units or amenities.
Under Florida Statute 83.49(1), renters have the right to instruct the landlord on how the security deposit should be held. For example, you can instruct your landlord to hold your money in an interest or non-interest-bearing account for your benefit.
For interest-bearing accounts, you have the right to get an interest at the rate of 5% simple interest calculated annually, or at least 75% of the annualized average interest rate. The landlord should also notify you upon receiving the interest, usually, 30 days after the payment is done.
If no deductions are taken from the deposit, the landlord will return the security deposit within 15 days after you vacate the premises. If there are some deductions, it should be around 30 days.
Tenants have a basic right to privacy in their rental homes. That doesn’t mean, however, that the landlord cannot enter as they please. Under the law , landlords can enter your premises under the following circumstances:
In most cases, the landlord must give you notice. Under Florida rentals laws, the landlord must give you at least 12 hours’ notice when making repairs. But if you abandon the unit or in case of emergency, the landlord doesn’t need to give advance notice.
The landlord must give you notice in case of an eviction or termination of the lease. For example, the landlord may want to evict you due to rent issues. You may have also violated the terms of the lease agreement.
Whatever the reason, the landlord must give you a written notice explaining the reasons for his actions. Furthermore, the notice must follow a certain procedure. For example, the written notice must:
Florida makes provisions on revenge between tenants and landlords. The purpose of this clause is to minimize conflict between the two parties.
Some landlord actions that are considered retaliation include:
A tenant who does the following may trigger landlord retaliation.
Knowing your rights as a tenant in Florida is important. We highly recommend consulting with the appropriate government agencies and/or qualified attorney should you find yourself in a legal situation involving your tenancy.
