In 2023, significant amendments were made to Florida's Residential Landlord-Tenant Statute, impacting various aspects of the landlord-tenant relationship. These amendments include:
Month-to-Month Tenancy Termination: Landlords must now provide at least 30 days' written notice before the end of the monthly period to terminate a month-to-month tenancy, increased from the previous 15 days.
Termination of Tenancy with Specific Term: A rental agreement with a specific duration may not require less than 30 days' notice or more than 60 days' notice from either the tenant or the landlord for termination. This ensures both parties have adequate time to plan for lease termination.
Notice to Access the Premises: Landlords are now required to give tenants at least 24 hours’ notice before accessing the premises, unless in the case of emergencies. This is an increase from the previously required 12 hours’ notice.
Fee in Lieu of Security Deposit: Landlords may now offer tenants the option to pay a fee or monthly fees instead of a traditional security deposit. This amendment is significant, especially with the rise of companies providing services that allow tenants to pay a small fee instead of a full security deposit.
Miya's Law: New obligations have been imposed on landlords to run background checks as a condition of employment. This is particularly applicable to landlords of public lodging establishments classified under certain sections of the law.
Apart from these specific amendments, general rules around security deposit returns, early lease termination, month-to-month rentals, and housing discrimination remain crucial parts of Florida's landlord-tenant laws:
Security Deposits: Landlords must return security deposits within 15 days if no deductions are made or within 30 days if deductions are made, with tenants able to sue for the full deposit plus costs and attorney’s fees if these terms are not met.
Early Lease Termination: Leases can only be broken early without penalty for specific reasons such as an early termination clause, relocation for active military duty, habitability violation, landlord harassment, privacy violation, or lease agreement violation.
Month-to-Month Rentals: Tenants and landlords can terminate tenancy-at-will with varying notice periods based on the rent payment frequency, ranging from 7 days for week-to-week tenancies to 60 days for year-to-year tenancies.
Rent Increases & Housing Discrimination: Florida does not have rent control, and landlords can raise rent as they choose, provided it's not during a lease term or discriminatory. The Fair Housing Act and Florida law protect tenants from discrimination based on several protected characteristics.
Landlords and tenants in Florida must familiarize themselves with these regulations and stay informed about any changes to ensure compliance and protect their rights. Consulting with a legal professional can provide further guidance and clarity.
If you are a landlord or tenant in Florida, it is essential to familiarize yourself with the new laws. You can contact your local government or an attorney for more information.
Here are some additional tips for Florida landlords and tenants:
Landlords: Be sure to provide tenants with written notice of any changes to the lease terms, including rent increases and changes to the security deposit. Keep good records of all communications with tenants and any maintenance or repairs made to the property.
Tenants: Read and understand your lease agreement before signing it. If you have any questions, ask your landlord to explain them. Pay your rent on time and in full each month. Keep the property in good condition and notify your landlord of necessary maintenance or repairs.
Following these tips can help ensure your landlord-tenant relationship is smooth and successful.
The information provided in this document is for general informational purposes only and does not constitute legal advice. While we strive to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability of the information, products, services, or related graphics contained in this document for any purpose. Any reliance you place on such information is, therefore, strictly at your own risk. Laws and regulations vary by jurisdiction and may change over time, and their application can vary widely based on the specific facts and circumstances involved. We recommend consulting with a qualified legal professional for personalized guidance and advice regarding your specific situation. In no event will we be liable for any loss or damage, including, without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this document?