Florida Rental Laws
Florida Residential Landlord and Tenant Act 83.40
|Termination for Nonpayment Notice|
|Termination for Lease Violation Notice||7-Day Notice|
|Lease Renewals||According to lease term but no longer than 60 days |
Florida Lease Renewal and Termination
|Small Claim Court Limit||Florida Small Claim Court Limit is $ 5,000|
|Handling Abandoned Property||10-Day Notice to pick up belongings if delivered in person; 15-Day Notice if mailed|
|Penalty for Self-Help Eviction||Actual damages or 3 mos rent (whichever is greater)|
|Tenant Withholding Rent for Repairs||The tenant must give the landlord a 7-Day Notice with the opportunity to cure|
|Required Disclosures||Security deposit disclosure, Radon gas, Lead-based paint disclosure|
|Security Deposit Rules||Security Deposit Amount: No Limit; Advanced Notice Required if Deductions from the Deposit will be made; |
15 Days to Return Deposit if no deductions are made; 30 Days to Itemize and Return Deposit if Deductions are Made
Security Deposit Laws in Florida
|Month-to-Month Notice||15 Days Notice|
|Payment of Rent||Late fees reasonable|
|12- Hour Notice|
Termination for Nonpayment Notice
The Pay or Quit Notice for nonpayment gives the tenant 3 business days to pay or leave. The 3 Day Notice doesn’t include weekends, Holidays, and the day of delivery.
Here is more Information on the Eviction Process in Florida.
Termination for Lease Violation
There are two types of notices that are given for lease violations. One gives the tenant 7 days to cure the violation and the other one is gives 7 days to vacate without an opportunity to fix the violation.
In order to file for eviction after giving the 7 Day Notice, the landlord needs to have solid proof of the violation occurring or reoccurring. Consult an attorney before filing for eviction for violation of the lease.
Small Claim Court Limit
You can recover up to $5000 if you file in small claim court. Many landlords are successful in garnishing the tenant’s wages if they obtain a judgment against the tenant.
Handling Abandoned Property
715.104 – Statutes & Constitution
When personal property remains on the premises even after an eviction, the landlord/manager should give or mail a notice to the tenants with the exact description of all items. The notice should allow 10 days for the tenant to pick up his belonging if the notice is delivered in person and 15 days if it’s mailed.
Penalty for Self-Help Eviction
If a landlord decides to lock the tenant out, change the keys or turn the utilities off, this is considered self-help eviction.
The penalty: actual damages or 3 mos rent, whichever is greater.
Tenant Withholding Rent for Repairs
If the Tenant is planning to withhold rent based on lack of repairs, they need to give the Landlord a written 7-day notice with an opportunity to cure the non-compliance. The repairs have to be part of the Landlord’s obligations to maintain the property.
83.51 Landlord’s obligation to maintain premises
83.60 Defenses to action for rent or possession; procedure
Radon Gas –It’s included in our lease
Lead-Based Paint Disclosure – for properties built before 1978
Non-refundable fees are allowed.
Security Deposit Rules
The Landlord is required to disclose if the security deposit is held in an interest-bearing or non-interest bearing account, the name of the banking institution where the deposit is held, and what is the interest rate if the account is in an interest-bearing account.
There is a specific security deposit disclosure required in the lease. It’s already in our lease.
The Landlord is required to give the Tenant an advance notice that they plan to claim part or the entire security deposit.
If there are no deductions and no disputes the deposit must be returned within 15 days, if there are disputes, the time frame is 60 days.
The Landlord or the Tenant is required to give 15 days’ notice to terminate the lease.
Payment of Rent
83.46 Rent; duration of tenancies