Key Takeaways 

• Florida law requires landlords to provide specific disclosures and follow strict procedures for lease agreements, repairs, and evictions. This includes disclosure of lead-based paint for homes built before 1978, advance notice for entry, and proper eviction steps.
• Tenants have clear rights under Florida law, including the right to a habitable living space, privacy, timely repairs, and fair treatment under the Fair Housing Act. They must also uphold responsibilities such as paying rent on time and maintaining the property.
• Landlords can reject unqualified tenants, raise rent without limits, and choose not to renew a lease without giving a reason, as long as they follow legal requirements. Partnering with an experienced property manager like LRES ensures compliance and peace of mind.

Florida Rental Laws – An Overview of Landlord-Tenant Rights in Orlando

If you’re renting out a property in Florida, you must familiarize yourself with the state’s landlord-tenant laws, especially if you’re looking to self-manage your rental property. However, if looking to hire a property manager, you can rest easy knowing that all your rental’s legal aspects will be handled by the professionals at LRES Property Management.

With over 20 years of property management experience in the Orlando area, we can keep your property legally compliant and help you maximize your ROI. That said, the Florida landlord-tenant law is contained under Chapter 83, Part II of the state’s Statutes. These define what each party to the lease can and cannot do. 

In this blog, we’ll walk you through the important basics of the Florida landlord-tenant law, including the required landlord disclosures and the rights and responsibilities each party has after establishing a lease. 

Required Landlord Disclosures in Florida 

Landlords, or the entities they have tasked with the management of the property on their behalf, must provide the following disclosures to tenants. 

• ​​Disclosure of lead-based paint concentrations is required when renting out any property built prior to 1978. This is a federal law required of landlords in all of the U.S. states. 
• The owner’s names and addresses. And if the not self-managing the property, you must provide the tenant with the names and addresses of the property manager. 
• The institution protecting the tenant’s security deposit if leasing out at least five rental units. 
• Information regarding  radon gas,  whether or not it’s present, or near the rental unit. 

Florida Tenant Rights & Responsibilities 

Tenants in Florida enjoy the following rights after establishing a lease with a landlord: 

• Live in peace without unreasonable disturbances from other residents, the landlord, or the landlord’s agent. 
• Be provided with the aforementioned disclosures before setting foot on the rented premises. 
• Have maintenance requests fulfilled within 7 days after properly notifying the landlord.
• A just eviction process from beginning to end. 
• Have the deposit returned in 30 days, less allowable deductions, after moving out. 
• Break a lease after meeting the lease termination requirements, such as providing fair advance notice. 
• Fair treatment as per the  Fair Housing Act  in Florida. 
• A 24-hour advance notice is required before allowing the landlord entry. 

Florida landlord-tenant law also requires tenants to abide by certain responsibilities. 

The responsibilities include the following. 

• Abide by all terms of the lease agreement. 
• Pay rent on time, every time. 
• Not disturb the peace and quiet of the neighborhood they live in. 
• Report repairs and maintenance issues to the landlord on time. 
• Care for the rented premises by taking care of certain repairs as per the lease. 
• Notify the landlord before terminating the lease. 
• Use the property for its intended purposes. 
• Maintain the unit in a safe and habitable condition. 
• Keep the unit clean and sanitary. 
• Not abuse, misuse, or negligently destroy any part of the property. 

Florida Landlord Rights & Responsibilities 

Part II, Chapter 83 of the Florida Statutes equally grants landlords certain rights and responsibilities. Some of the rights include the following. A right to:

• Reject prospective tenants who fail to meet a  proper screening process. 
• Draft a lease agreement and enforce all its terms. 
• Evict a tenant who does not abide by the terms of the lease. 
• Withhold part or all of a tenant’s deposit when they move out. 
• End a periodic lease by providing the tenant with the required advance notice.
• Hold a tenant liable for any rent remaining under the lease if they break the lease without just cause. 
• Raise rent by any amount and as often as they wish. 
• Opt not to renew the lease without giving a reason once it expires.

The list of responsibilities for Florida landlords includes the following. 

• Carry out a just eviction exercise when trying to remove a tenant from the rental unit. 
• Provide the tenant with the aforementioned disclosures before they move in. 
• Serve the tenant with a 24-hour advance notice before setting foot on the property for things like inspections, repairs, or maintenance. 
• Treat the tenant fairly as per the Fair Housing Act in Florida. Some of the protected classes include: sex, nationality, race, disability, and pregnant individuals. 
• Provide the tenant with the appropriate advance notice before breaking their  periodic lease. 
• Allow a tenant to break their lease early as long as they have met the requirements. 
• Only make reasonable deductions from the tenant’s deposit, and return the portion within 30 days after the tenant moves out. 
• Make requested repairs within 7 days after receiving proper notice from the tenant. 

An Overview of the Landlord-Tenant Laws in Florida 

Renter’s Rights for Repairs

Tenants have a right to live in habitable spaces. And this includes having requested repairs made within 7 days after properly notifying the landlord. 

Failure to respond to the request within this period can have some repercussions. The tenant may, for instance, sue to compel you to do them, or end the lease early. 

Tenant Evictions 

The only way to successfully evict a tenant in Florida is by obtaining a court order. Not any other way! You cannot, for example, try to get the tenant to leave by doing any of the following things. 

• Locking them out. 
• Removing their personal belongings from the unit. 
• Shutting down their utilities. 

To evict a tenant who fails to abide by the terms of the lease, you must follow the  proper procedure.

This includes: serving the tenant with an eviction notice, filing a lawsuit in court, and obtaining a court order. 

Security Deposits 

Landlords have a right to require tenants to pay a security deposit before allowing them to move in. There is no limit as to how much security deposit you can ask as per the state’s security deposit laws. 

Other things to keep in mind when it comes to security deposits include:

• You must store a tenant’s deposit in either an interest-bearing account, a non-interest-bearing account, or posted as a surety bond. 
• Only make allowable deductions from the tenant’s deposit. For instance, to cover things like unpaid rent or the cost of damage exceeding normal wear and tear. 
• Return it, at the latest, 30 days after the tenant moves out. 

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Conclusion 

Now you have the basics of the Florida landlord-tenant law at your fingertips. These will ensure you have a smooth landlording experience, which is a recipe for success. 

If you have a question or need expert advice, look no further than LRES Property Management.

We have over 20 years of experience serving rental property owners in the Orlando metropolitan area. Get in touch to learn more! 

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.