Florida Renters Rights Guide

The Tenant's Handbook attempts to provide renters with an overview of their rights and responsibilities as a tenant under Florida Law.

Table of Contents

Woman on the Phone with Landlord

Man Standing on House Porch

Introduction

This information will help you in taking the proper steps to protect these rights, but it is not intended to take the place of legal advice nor is it intended to be a complete summary of the Florida Residential Landlord and Tenant Act which is found in Chapter 83, Part II of the Florida Statutes.

A copy of this law is available at the local law library, or online at http://www.leg.state.fl.us/STATUTES/ and must be read in conjunction with your rental agreement, the local housing and building codes and the pertinent federal regulations, if applicable.

NOTE: If you own a mobile home and rent lot space in a mobile home park, the information contained in this booklet may not apply. The law regarding mobile home evictions is found in Chapter 723 of the Florida Statutes. On the other hand, when both the mobile home and lot are rented, the information contained in this booklet and Chapter 83, Part II of the Florida Statutes does apply.

The Lease Agreement

The lease is your contract with the landlord. Leases can freeze your rent for a definite term or can be for an indefinite term, such as week-to-week or month-to month. In leases for a definite term guarantee the rent will not rise during that term but also limit your freedom to move before the term is up. In Florida, your landlord does not have to let you out of your lease if your employer transfers you, if you lose your job, or if your spouse or roommate dies or leaves, unless there is a clause in the lease that permits termination for these reasons.

Leases can be written or oral. Obviously an oral lease is often subject to mutual misunderstandings. Therefore, if possible, get your agreement in writing. If written, make sure that you read the agreement carefully and that you agree with it before signing it. If you do not agree, try to change it or walk away. Do not be rushed or forced into signing it and never leave language in the lease that does not really reflect your agreement. Leases should be changed or added to in writing before signing. Never sign a lease with sections such as the amount of the late fees left blank. Remember to always keep a copy of your agreement and any correspondence or receipt of anything that you give to your landlord or that the landlord gives you.

IMPORTANT: Be certain that before entering into the lease agreement that you understand the amount of rent you will pay and when it is due, the length of the lease, the security deposit provision, the rules and regulations, and who is responsible for paying the utilities. Also look to see if there is a penalty if you pay the rent late. The landlord cannot make the late penalty too high, he cannot include provisions that make you forfeit your personal property without going to court, nor can he throw you out without going to court for nonpayment of rent. These are illegal provisions and will not be recognized by the courts.

It is also a good idea before you move in or a short time thereafter, that you inspect your dwelling unit with your landlord and make a list of any damaged or missing items. Once you and your landlord have agreed upon the condition of items such as the carpet, the walls, appliances, etc. keep a copy of the list. Also, if possible, take pictures of any questionable conditions. If necessary include provisions in the lease for repairs or in a separate written agreement. This may serve to eliminate any disputes that may later arise.

The Landlord's Obligations

The landlord and his employees by law must follow the local housing, building and health codes; or