Florida

Rental Lease Laws Overview

In Florida, there are no rent control laws, and landlords are not required to have a license. There is also no statutory limit on late fees, which can be specified in the lease agreement. Additionally, there is no mandated grace period for late rent payments.

Required Lease Disclosures

Florida law requires landlords to provide specific disclosures in writing when executing a lease agreement. These disclosures include:

1. Identification: The landlord’s name and address, along with any authorized parties managing the property.
2. Lead-Based Hazards: A disclosure regarding lead-based paint must be provided before tenant occupancy.
3. Radon Disclosure: A notice about radon gas in contaminated areas must be given to tenants.
4. Security Deposit Notice: Landlords must disclose where the security deposit is held.
5. Rental Inspection Checklist: A checklist to assess any damages to the rental unit.
6. Abandoned Personal Property Notice: Information regarding any goods left behind by a tenant.
7. Notice of Foreclosure: Tenants must be informed if the landlord has received a foreclosure notice at least 90 days prior to the effective date.

Security Deposit

In Florida, there is no limit on the amount a landlord can demand for a security deposit. While receipts for deposits are not specified by law, if interest is collected, tenants must receive either 75% of the annualized average interest rate or 5% simple interest annually. Security deposits must be kept in a separate bank account or surety bond, and landlords must return the deposit within 15 days if there are no deductions and within 30 days if there are deductions. Landlords can withhold deposits for unpaid rent, excessive property damage, specified fees, and lease violations.

Rent Payments

Rent is due on the date specified in the lease agreement, typically the first of the month. There are no laws governing maximum late fees; landlords can charge any amount, but unreasonable fees may not be enforceable. Late fees must be clearly stated in the lease, and there is no grace period for late payments. If rent is late, landlords may issue a 3-day notice to quit to initiate the eviction process. Tenants have the right to withhold rent if the landlord fails to comply with the lease or legal requirements, provided they give the landlord seven days’ written notice to address the issue.

Landlord Right of Entry

Landlords must provide at least 24 hours’ notice before entering the rental premises. There are no specific regulations regarding changing locks to evict tenants, aside from prohibitions against such actions.

Property Repairs

Landlords are responsible for ensuring that rental units comply with building, housing, and health codes, maintaining safe conditions, providing functioning appliances, and managing pest control. Tenants are responsible for maintaining fixtures and appliances and keeping the property clean and compliant with applicable codes. If a tenant is absent for half the rental period without notifying the landlord and rent is late, the property may be considered abandoned.

Terminating a Lease

To terminate a month-to-month tenancy in Florida, a 30-day notice is required. For unclaimed property, landlords must notify tenants about their belongings and any associated fees, allowing a 10-day claim period if delivered in person or 15 days if mailed. Items valued over $500 must be sold at auction; otherwise, they can be kept or discarded.

Statutes

• Fla. Stat. § 83.201 – Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent
• Fla. Stat. § 83.46 – Rent; duration of tenancies
• Fla. Stat. § 83.47 – Prohibited provisions in rental agreements
• Fla. Stat. § 83.48 – Attorney fees
• Fla. Stat. § 83.49 – Deposit money or advance rent; duty of landlord and tenant
• Fla. Stat. § 83.51 – Landlord’s obligation to maintain premises
• Fla. Stat. § 83.53(2) – Landlord’s access to dwelling unit
• Fla. Stat. § 83.53(2b) – Landlord’s access to dwelling unit
• Fla. Stat. § 83.53(2d) – Landlord’s access to dwelling unit
• Fla. Stat. § 83.55 – Right of action for damages
• Fla. Stat. § 83.56(2) – Termination of rental agreement
• Fla. Stat. § 83.56(3) – Termination of rental agreement
• Fla. Stat. § 83.57 – Termination of tenancy without specific term
• Fla. Stat. § 83.595 – Choice of remedies upon breach or early termination by tenant
• Fla. Stat. § 83.60 – Defenses to action for rent or possession; procedure
• Fla. Stat. § 83.64 – Retaliatory conduct
• Fla. Stat. § 83.67(1) – Prohibited practices
• Fla. Stat. § 83.67(2) – Prohibited practices
• Fla. Stat. § 83.67(4) – Prohibited practices
• Fla. Stat. § 83.67(5) – Prohibited practices
• Fla. Stat. § 83.67(6) – Prohibited practices
• Fla. Stat. § 83.682 – Protection Against Retaliation for Servicemembers
• Fla. Stat. § 715.104 – Notification of former tenant of personal property remaining on premises after tenancy has terminated
• Fla. Stat. § 715.105 – Form of notice concerning abandoned property to former tenant
• Fla. Stat. § 715.106 – Form of notice concerning abandoned property to owner other than former tenant
• Fla. Stat. § 95.11 – Limitations other than for the recovery of real property (5 years)
• Fla. Stat. § 95.11– Limitations other than for the recovery of real property (4 years)
• Fla. Stat. § 68.065 – Actions to collect worthless payment instruments; attorney fees and collection costs
• Fla. Stat. § 404.056(5) – Environmental radiation standards and projects; certification of persons performing measurement or mitigation services; mandatory testing; notification on real estate documents; rules