Florida Consumer E-Newsletter
August 2009
Charles H. Bronson
Commissioner
A Message from the Commissioner
Dear Friends:
Our nation’s recent economic downturn has dramatically impacted countless Floridians. For those who don’t own a home, securing the financing necessary for ownership has become a major issue. Others have found themselves powerless to purchase a new residence because they haven’t been able to sell the home they currently own. In both of these scenarios residential property rental may be a viable alternative. Each year thousands of Floridians choose to rent for various reasons. The landlord/tenant relationship and the responsibilities of each individual within the relationship can seem complex and intimidating without the proper information.
This issue of the Florida Consumer E-Newsletter is designed to help guide you through the rental process and clear up many common misconceptions. It is not meant to be a complete summary of Florida’s Landlord/Tenant law, nor is it intended for the purpose of providing legal advice. Appropriate legal advice should be sought from a licensed attorney. For additional information on residential tenancies, please refer to Chapter 83, Part II of the Florida Statutes.
Sincerely,
PRIOR TO RENTING
Written rental agreements (commonly referred to as leases) are not required by Florida law; however most landlords provide a written agreement that clearly states all the terms. While the law recognizes oral leases, such agreements are subject to misunderstandings and can be difficult to enforce. A lease signed by a landlord and tenant is a legally binding contract. Before signing anything, read the lease in its entirety. If there are terms you DON'T understand, DON'T sign. There is no grace period allowed for canceling this contract. Once you sign, you are legally bound to the agreement. It’s a good idea to keep a copy of your lease for your record-keeping purposes, as it may help eliminate or minimize any future disputes.
A security deposit is the most common requirement of landlords, but don’t pay a deposit unless a definite decision has been made to move into the unit, as you may not be entitled to a refund if you decide not to occupy the unit. If you do decide to rent the unit and the deposit is non-refundable, it should be clearly stated in the rental agreement. During the pre-rental walk-through with the landlord, take pictures, video, and notes on any questionable conditions (worn flooring, broken fixtures, etc.). Include these notes, as well as provisions to repair the issues in the lease to ensure that you won’t be held responsible for preexisting damages.
DURING TENANCY
The landlord's responsibilities depend on the type of rental unit. He/She may enter your dwelling at reasonable times (7:30 am to 8:00 pm) with proper notice (12 hours), or at any time under certain conditions (when the tenant gives consent, when the tenant unreasonably withholds consent, in an emergency, etc.). Unless otherwise agreed in writing, the landlord of a single-family home or duplex shall install working smoke detection devices at the commencement of the tenancy. The landlord of a dwelling unit other than a single-family home or duplex shall also make reasonable provisions for: pest extermination, locks and keys, clean and safe conditions of common areas, garbage removal and outside receptacles, as well as functioning facilities for heat during winter, running water, and hot water.
MOVING ON
If your landlord intends to keep either a portion or your full security deposit, she/he must notify you by certified mail within 30-days of moving out at the end of your lease agreement and justifying this claim. If the notice is not sent as required within the 30-day period, the landlord forfeits the right to impose a claim upon your deposit (provided you supply proper notice prior to vacating, if required).
If your landlord fails to do what the law or rental agreement requires, you may be eligible to terminate your agreement without penalty. You must first notify the landlord of the issue(s) in writing, such as certified mail. He/She will then have seven days from the receipt of the notice to correct the issue(s) cited.
Unless the issue involves failure to pay rent, a landlord must go through the same process when the tenants fail to meet their obligations. If tenants do not correct the cited issue(s) within seven days of receiving notice, the landlord may begin the eviction process. Keep in mind, the county court for the county in which the property is located has exclusive jurisdiction over landlord/tenant proceedings in Florida.
Remember, education is the best defense against fraud and deception. We’re here for you - our Consumer Hotline will answer any questions you may have or direct you to the best resource for assistance. We can also provide you a copy of the Chapter 83, Part II of the Florida Statutes. If you are calling within Florida simply dial 1-800-HELP-FLA (435-7352), outside of Florida 850-488-2221 or en Español 1-800-FL-AYUDA (352-9832).
Additional Resources
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The links below are for your information only. The goal of the Division of Consumer Services is to provide additional information to consumers. The Florida Department of Agriculture and Consumer Services does not review or confirm these sites for accuracy.
Florida's Landlord/Tenant Law
Most renters are aware they have certain rights when they are involved in a dispute with their landlord, however they often don't know what those rights are. This brochure was developed by the Florida Department of Agriculture and Consumer Services to answer many of the questions frequently asked about landlord/tenant relationships. This brochure is NOT meant to be a complete summary of Florida's Landlord/Tenant law. This brochure is not intended for the purpose of providing legal advice. For additional information not addressed, refer to Chapter 83 of the Florida Statutes.
Reforms for American Homeowners and Consumers - White House Press Release
President Obama Signs the Helping Families Save Their Homes Act and the Fraud Enforcement and Recovery Act.
