What a Landlord Cannot Do in Florida: A Guide for Responsible Landlords

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Being a landlord can be very rewarding, but it also involves many responsibilities, including understanding the rental laws in your state. As a landlord in Florida, it's important to be familiar with Florida landlord-tenant law.

The legal battles resulting from violations can be costly, so understanding what a landlord cannot do is critical.

10 Things a Florida Landlord Cannot Do

There's a lot landlords need to know regarding their rights and responsibilities. Here are 10 things landlords can't do in Florida.

1. Violate the Fair Housing Act

Enacted by Congress in 1968 and enforced by the Department of Justice, the Fair Housing Act applies to all states. This legislation aims to ensure that landlords treat all tenants fairly, regardless of:

• Race
• Skin color
• National origin
• Sex
• Family status
• Disability

If a landlord violates the Fair Housing Act, the consequences can be serious. Civil penalties for violating the Fair Housing Act can cost you tens of thousands of dollars, depending on the circumstances. If there are multiple violations, the cost can climb even higher, and you don't want that.

To avoid these penalties, it's important to treat all current and prospective tenants fairly and equally, and avoid asking questions that others could consider intrusive or discriminatory.

2. Not Provide Written Leases That Outlines Terms and Conditions

Landlords need to provide leases for their tenants. Written leases are, of course, better for both landlords and tenants. Having a tangible rental agreement to refer to can help settle any disputes that might arise. It's important to remember, however, that according to Florida law, unwritten leases are equally as valid. This means that an oral agreement is legally binding, like a formal written contract.

That said, you should always have a written lease. If you only have an oral agreement, settling disputes can become much more complicated. It's better to have a signed contract that clearly lays out terms and conditions.

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3. Avoid Communicating Payment Expectations

According to Florida state law, rent can be paid in a manner the landlord prefers. Many people choose checks or electronic payments for convenience, but others prefer cash. Additionally, the landlord determines how often rent is paid. Some landlords prefer tenants to make rental payments weekly or bi-weekly, while others prefer monthly or even quarterly payments.

Whatever your preference, it's important to clearly communicate payment expectations when creating the lease agreement. This prevents confusion and conflict later on in the tenancy.

If a tenant fails to pay rent on time, Florida landlord-tenant law allows a landlord to issue a 3-Day Notice to Pay.

Legally, a tenant can withhold rent if a landlord fails to make necessary repairs. The law also prohibits tenants from making repairs themselves and deducting the cost from their rent.

4. Not Maintain Condition of the Rental Property

Florida landlords can't rent out their property unless it's habitable. This means that the home must meet certain health standards and provide certain amenities. For example, a rental property must have:

• Heating
• Doors and windows
• Locks on external doors
• Working toilets
• Running water
• Smoke detectors

Additionally, if a property develops mold or a pest problem, the landlord must address the issue. If a landlord fails to maintain habitable conditions, tenants' rights allow them to report the problem to the authorities.

A landlord's obligations also include making necessary repairs. Florida rent laws state that landlords must make repairs in a timely manner. Typically, that means within a week once they receive notice from the tenant. If a landlord fails to make repairs, tenants may break the lease agreement or pursue a court order to force repairs.

Florida landlord-tenant law also states that maintaining the property is partially the tenant's responsibility. Tenants must:

• Keep the rental unit clean and sanitary
• Avoid damaging the property
• Not disturb their neighbors

5. Forget About Lead-Based Paint and Radon Gas

Florida law requires landlords to disclose to tenants potential hazards present in the residence. Two of the biggest dangers are lead and radon gas exposure. Many older homes (those built before 1978) have lead-based paint. Per the Lead-Based Paint Disclosure Rule, landlords must disclose the presence of lead-based paint. You must also be upfront about the potential risks of lead exposure.

Similarly, property owners must disclose potential radon exposure. Radon is a naturally occurring radioactive gas that should be regularly tested for. This gas can sometimes build up in spaces like cellars and basements. It's both odorless and tasteless, so you must test properly to detect it.

Landlord-tenant law requires that tenants be informed about radon gas and its effects. Landlords must disclose this information even if radon gas isn't detected at the property. If testing detects radon gas, the landlord must address the issue. Usually, this involves installing radon mitigation systems.

6. Visit the Property Unannounced

In Florida, tenant rights include the right to privacy. This means that a landlord can't intrude or disrupt a tenant's peace. These privacy laws are intended to protect tenants from unwanted intrusions into their homes.

A landlord may visit the rented property for repairs and inspections, but they must give proper notice. Florida law defines proper notice as twelve hours ahead of time. Emergencies, such as fire or flooding, are an exception to this.

Many lease agreements also include additional stipulations for when a landlord can and can't enter a rental property. A landlord must adhere to these agreements, as failing to do so can lead to legal trouble.

7. Ignore Rent Control and Rent Increase Laws

Collecting rental payments is a routine task for a landlord. For it to go smoothly, however, there are important Florida rental laws that you should know. One such law is that a landlord cannot arbitrarily raise the rent at will.

In general, landlords can raise the rent amount by any sum they choose. However, the government considers doing so during an ongoing lease to be an unlawful rent increase. Something else you can't do in Florida is raise rent in a discriminatory way. You can't adjust a tenant's rent based on:

• Race
• Skin colour
• National origin
• Sex
• Family status
• Disability

If a landlord fails to treat tenants equally when setting rent, it could invite legal action. According to Florida law, it's also illegal for a landlord to raise rent as a form of retaliation. This is when a landlord raises the rent to punish a tenant for exercising their tenant rights, such as requesting maintenance.

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8. Ignore When Tenants Break a Lease Agreement For a Valid Reason

Whether you're managing an entire apartment building or just looking for a roommate, it's important to understand lease agreements. An important aspect of understanding lease law is recognizing when it's acceptable to break a lease agreement.

In most circumstances, breaking a lease agreement comes with penalties. However, there are certain circumstances when early lease termination is acceptable. These circumstances include:

• Habitability violations
• Landlord harassment
• Privacy violations
• Military service relocating the tenant

Certain lease agreement violations also allow the tenant or the landlord to break the lease early. Some rental contracts also contain an early termination clause.

If a tenant breaks the lease agreement, the tenant still owes the landlord the rent for the remaining lease period. Additionally, the landlord must still return the tenant's security deposit (minus funds needed for repairs).

9. Not Adhere to Security Deposit Laws

In Florida, there are no laws regarding security deposit amounts. This means that there's no cap on security deposits. Landlords can request any amount they deem appropriate. However, we recommend that you keep the amount reasonable. Asking for an excessive security deposit could drive away potential tenants.

You must also understand when a landlord may withhold a tenant's security deposit instead of returning it. Landlords use security deposits to help cover the cost of any property damage that happens during the renter's tenancy. Landlords can also use security deposit funds to cover unpaid rent or utilities. In some circumstances, landlords can use a security deposit to cover lease cancellation fees.

A landlord can't apply security deposit funds towards addressing regular wear and tear. Per Florida law, landlords must also keep security deposits in a separate account that's used exclusively for security deposit funds.

10. Evict a Tenant Unlawfully or Without Reason

Evicting a tenant is complicated, which is why it's important to understand the proper eviction process. A landlord can evict without reason for a rental arrangement with no lease (like a month-to-month tenancy). However, the law requires you to provide written notice. You also can't proceed with further action until after the notice period has concluded. If a tenant doesn't vacate after that, the landlord can file a complaint with the local county court.

A landlord should never take matters into their own hands when evicting tenants. You must follow the proper eviction process. Florida residential landlords aren't allowed to remove a tenant's belongings themselves, even if the tenant has been served an eviction notice.

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Frequently Asked Questions

What Are the New Rules for Landlords in Florida?

One of the most recent changes relates to security deposits. Specifically, a recent legal change allows landlords to charge a monthly fee instead of a one-time security deposit. This fee is non-refundable.

There are also new laws that help protect Florida property owners from squatters. These anti-squatting laws enable landlords to bypass traditional eviction procedures when dealing with "unauthorized occupants". The law now allows landlords to solicit police involvement to help remove squatters.

What Is Considered Landlord Harassment in Florida?

An important distinction to remember is that rude behavior isn't the same as harassing behavior. Harassment is generally considered any type of behavior that involves intimidation or coercion. Harassment can result in serious legal consequences.

Types of harassment include (but aren't limited to) frequently calling and badgering a tenant or sending threatening messages. It's also harassment if a landlord shows up repeatedly without a valid reason or the tenant's permission.

How Much Notice Do I Have to Give a Tenant to Move Out in Florida?

The type of tenancy determines how much notice landlords must give when issuing an eviction notice. Ultimately, the exact notice period depends on the type of rental agreement or the issue, such as:

• If the tenant hasn't paid their rent, the landlord gives a 3-day notice.
• If the lease term has expired (or if there's no lease agreement), you issue a 30-day notice.
• If there's a lease violation or serious property damage, you give a 7-day notice.

Can a Tenant Refuse Entry to a Landlord in Florida?

A tenant typically can't refuse entry to their landlord. Established Florida statutes support this completely. Chapter 83 of Section 53 of the Florida Statutes states that "the tenant shall not unreasonably withhold consent to the landlord to enter the dwelling". It's important to remember that a landlord's entry is conditional, however.

The landlord must be there to:

• Inspect the premises
• Perform repairs
• Show the residence to prospective buyers
• Provide services

According to Florida landlord-tenant law, you can also enter a rental unit "for the protection or preservation of the premises". In most cases, this refers to making necessary repairs. It's also expected for a landlord to give the tenant reasonable notice that they'll be coming. Landlords are also allowed to enter a rental property in an emergency.

Conclusion

There's a lot to keep track of when it comes to Florida landlord-tenant law. If you ever have serious questions about tenant or landlord rights, you should consult with a legal expert.

Disclaimer - This information is for general informational purposes only and should not be treated as legal advice. We recommend you consult an experienced Landlord Tenant attorney if you require legal advice.

References

• The Florida Senate. (2023). Chapter 83 Section 53 - 2023 Florida Statutes.
• Consumer Pamphlet: Rights and Duties of Tenants and Landlords - the Florida Bar. (n.d.). The Florida Bar.
• US EPA, O. (2013, February 12). Lead-Based Paint Disclosure Rule (Section 1018 of Title X). United States Environmental Protection Agency.