Landlord Tenant Laws Florida

Florida Residential Landlord and Tenant Act 83.40

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 weekend, 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 violation. 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 an 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 tenant’s wages if they obtain a judgement 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 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 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

Required Disclosures

Radon Gas –It’s included in our lease

Lead-Based Paint Disclosure – for properties built before 1978

 

Non-Refundable Fees

Non-refundable fees are allowed.

Security Deposit Rules

The Landlord is required to disclose if the security deposit if 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.

Month-to-Month Notice

The Landlord or the Tenant are required to give 15 days notice to terminate the lease. 

Payment of Rent

83.46 Rent; duration of tenancies