New Renter’s Guide for Florida: Know Your Rights and Responsibilities

Renting a home in Florida can be an exciting but sometimes overwhelming experience, especially for first-time renters. Understanding your rights and responsibilities, as well as those of your landlord, is essential to ensuring a smooth rental experience. The Florida Residential Landlord-Tenant Act governs rental agreements and provides legal protections for both tenants and landlords.

Understanding the Florida Landlord-Tenant Act

The Florida Residential Landlord-Tenant Act (Chapter 83, Part II, Florida Statutes) outlines the legal framework for rental agreements. This law covers security deposits, lease agreements, eviction procedures, maintenance responsibilities, and other key aspects of renting.

Tenant Rights in Florida

• Right to a Habitable Home – Landlords must maintain rental units in a condition that meets housing codes.
• Right to Privacy – Landlords must provide at least 12 hours’ notice before entering your rental unit for non-emergency reasons.
• Right to Security Deposit Protection – Deposits must be returned within 15 days or landlords must provide a written notice of deductions within 30 days.
• Right to Fair Treatment – Florida Fair Housing Laws prohibit discrimination based on race, religion, disability, family status, and other protected classes.
• Right to Repairs – Landlords are responsible for addressing necessary repairs in a reasonable time.

Landlord Rights in Florida

• Right to Timely Rent Payments – Late fees apply as specified in the lease.
• Right to Security Deposits – Used for unpaid rent, excessive damage, or cleaning costs.
• Right to Evict Tenants for Lease Violations – A 3-day notice applies for unpaid rent; a 7-day notice for lease violations.
• Right to Entry for Repairs and Inspections – With proper notice.

Security Deposits: What You Need to Know

Before moving in, tenants typically pay a security deposit. Here’s how it’s handled in Florida:

• The landlord must inform you in writing within 30 days of where the deposit is held.
• If there are no damages, landlords must return the deposit within 15 days after move-out.
• If deductions are made, landlords must notify tenants in writing within 30 days with reasons for withholding part of the deposit.

Breaking a Lease in Florida

• If the rental unit is uninhabitable.
• Landlord violates lease terms.
• Victims of domestic violence can legally break a lease.
• Some leases include an early termination clause.
• Military Relocation under the Servicemembers Civil Relief Act.

Eviction Process in Florida

1. Landlord serves a 3-day notice for nonpayment or 7-day notice for lease violations.
2. If unresolved, landlord files an eviction lawsuit.
3. Tenant has 5 days to respond once served.
4. If ruled in favor of the landlord, the tenant must vacate.
5. If the tenant refuses, the sheriff can enforce removal.

Final Tips for Renters

• Read Your Lease Carefully – Check rent increases, maintenance, and security deposit policies.
• Document Everything – Take photos before moving in and keep records of landlord communication.
• Communicate in Writing – Request repairs in writing.
• Know Where to Get Help – Contact Florida’s Department of Agriculture and Consumer Services or legal aid.

Need help finding a rental or buying a home? Contact Jared Allison at jared@jdafloridahomes.com or call 386-222-2836.