Ed DiMarco MS, MA

Dec 1, 20236 min read

New Florida Rental Laws 2023 Changes: A Detailed Overview for Landlords and Tenants in 2024

Updated: May 16

In 2024, Florida witnessed significant amendments to its rental laws, impacting landlords and tenants. Governor Ron DeSantis signed new legislation aiming to balance the rights and responsibilities within the rental market. These changes reflect an evolving landscape in real estate, particularly in areas like Naples, Florida, where the rental market is a critical component of the local economy.

* Governor DeSantis Acts to Halt Squatter Scams in Florida

On March 27, 2024, Governor Ron DeSantis signed HB 621 into law to protect Florida property owners. This new legislation is significant in securing property rights and offering homeowners robust remedies against squatting. With increased penalties for squatters, Florida sends a clear message: property owner protection is a priority.

Governor DeSantis emphasized, “We are ending the squatters scam in Florida. While other states may side with squatters, Florida protects property owners and penalizes those who exploit legal loopholes for unlawful gain.”

HB 621 simplifies the process for property owners to reclaim their properties from squatters, avoiding the financial and time-consuming burdens of litigation and lost rental income. It establishes clear criteria for law enforcement to remove squatters promptly under specific conditions.

Furthermore, the legislation introduces severe penalties for those involved in squatting activities or promoting such schemes. It criminalizes making false statements to acquire property or presenting falsified property rights documents. The law also addresses property damage by squatters, specifying felony charges based on the extent of damage caused.

Florida's latest legislative move under HB 621 places the state at the forefront of protecting property rights, demonstrating a solid stance against squatting and real estate fraud. For homeowners and property investors, this law represents a significant advancement in ensuring their properties remain secure from unlawful occupation and exploitation.

1. Expanded Tenant Rights and Responsibilities

The Florida Statutes, particularly Chapter 83, outline the foundational legal framework of landlord-tenant relationships. The recent amendments emphasize the importance of written lease agreements, providing clarity and legal recourse for both parties. Notably, the laws stipulate that landlords and tenants must adhere to agreed-upon terms, with landlords mandated to maintain habitable living conditions and tenants required to comply with payment schedules and property care.

2. Adjustments to Termination Notices

A critical change in the 2023 amendments is extending the notice period for month-to-month tenancy terminations. Landlords must now provide at least 30 days written notice before the end of the monthly period, switched from the previous 15-day requirement. This change necessitates more strategic planning from landlords regarding tenancy terminations, marking a significant shift in the landlord-tenant dynamic.

3. Rent Control and Payment Regulations

Florida continues its stance against rent control, aligning with several other states in the U.S. The state law prohibits local entities from imposing any form of rent control. However, landlords must provide tenants with written receipts for all rent payments, enhancing transparency and accountability. Additionally, the state now caps late fees, preventing landlords from imposing excessive charges on delayed rent payments.

4. Security Deposit and Fee Alternatives

The updated laws offer flexibility in terms of security deposits. Landlords can now provide tenants the option to pay a fee instead of a traditional security deposit. This amendment reflects the growing market presence of companies offering such services, where tenants pay a small monthly fee in exchange for the company covering potential damages.

5. Enhanced Tenant Privacy

Tenant privacy rights have been bolstered. Landlords must give at least 24 hours notice before accessing rental premises, except in emergencies. This amendment strengthens tenant rights and ensures their peaceful enjoyment of rented accommodations.

6. Miya’s Law

A notable inclusion in the recent legislative changes is Miya’s Law, which mandates landlords of specific rental properties to conduct background checks on employees as a condition of employment. This law aims to enhance tenant safety and hold landlords accountable for their employees' conduct.

7. State Preemption Over Local Authorities

The 2023 amendments reinforce state preemption over local authorities in matters related to residential tenancies. This change ensures uniformity in landlord-tenant laws across Florida, reducing complexities arising from varied local regulations.

Conclusion

The 2024 amendments to Florida's landlord-tenant laws represent a significant shift in the state’s rental landscape. These changes aim to balance the interests of landlords and tenants, ensuring fairness, safety, and clarity in rental agreements. As a real estate investor or broker in Naples, Florida, understanding these changes is crucial for effective property management and investment strategies.

FAQ: Florida's 2024 Rental Law Changes

1. What are the critical changes in Florida's rental laws for 2024?

Significant changes include extended notice periods for tenancy terminations, prohibition of rent control, stricter rent payment and late fee regulations, new options for security deposits, enhanced tenant privacy, and introduction of Miya’s Law.

2. How has the eviction process changed under the new laws?

The updated legislation provides tenants additional time to respond to eviction notices, offering a fairer opportunity to rectify situations before eviction.

3. Are there any new rent control laws in Florida for 2024?

No, Florida prohibits rent control, and local governments cannot enact rent control measures.

4. What is Miya’s Law, and how does it affect landlords?

Miya’s Law mandates that landlords of specific rental properties conduct background checks on employees to enhance tenant safety.

5. How does the new law affect security deposit regulations?

Landlords are now required to return security deposits within a specified timeframe after a tenant vacates the property, and penalties are introduced for wrongfully withholding security deposits.

6. Can landlords still increase rent as they wish?

Yes, landlords in Florida can still increase rent as they wish, provided they do not discriminate or retaliate against tenants.

7. What changes have been made to the notice period for month-to-month tenancies?

Landlords must now give at least 30 days' written notice to terminate a month-to-month tenancy, which has increased from the previous 15 days.

8. How are tenant privacy rights enhanced under the new laws?

Landlords must provide at least 24 hours' notice before entering a tenant's premises, except in emergencies.

9. What are the new rules regarding rent payment receipts?

Landlords are required to provide tenants with a written receipt for all rent payments.

10. How do the changes impact landlords' responsibilities for property maintenance?

Landlords must maintain the property well, including providing functioning utilities and making necessary repairs.

11. Is there a cap on late fees under the new laws?

The law limits late fees to prevent excessive charges on delayed rent payments.

12. What does state preemption over local authorities mean in the context of these changes?

The state has preempted local authorities from regulating residential tenancies, making landlord-tenant law more uniform across Florida.

13. Are there any new regulations for rental agreements with a specific duration?

Yes, rental agreements cannot require less than 30 days or more than 60 days' notice from the tenant or landlord for lease renewal or termination.

14. Can landlords offer alternatives to traditional security deposits?

Yes, landlords may offer tenants the option to pay a fee instead of a traditional security deposit.

15. What types of properties does Miya’s Law apply to?

Miya’s Law applies to landlords of nontransient and transient apartments, as defined by Florida law.

16. What should tenants know about their rights under the new laws?

Tenants should be aware of extended eviction notice periods, receipt requirements for rent payments, caps on late fees, and enhanced privacy rights.

17. How do the new laws affect lease termination conditions?

The laws extend the notice period required for terminating a month-to-month lease and standardize notice periods for leases with specific durations.

18. Are landlords required to give notice before entering a rented property?

Yes, landlords must give at least 24 hours notice before entering, except in emergencies.

19. Can landlords increase rent during the fixed term of a rental agreement?

No, landlords cannot increase rent during the fixed term of the rental agreement.

20. What are the implications for real estate investors in Naples, Florida?

Real estate investors should update their practices to comply with these changes, ensuring fair treatment of tenants and adherence to state regulations.

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