The Florida Residential Landlord and Tenant Act defines the rights and duties of tenants and landlords under state law, even where no written lease agreement exists. In this article, I’ll explain the key rules and concepts from the Act.
Landlord’s Right to Access Dwelling Unit
A landlord has the right to enter a rented dwelling unit. However, depending on WHY they are entering, the landlord may be required to enter only during specific hours or after providing certain amounts of notice.
| Reason for Entry | Requirements for Entry | Allowed Hours of Entry |
| Repairs | 24 hours notice* | 7:30am to 8:00pm |
| Make necessary or agreed upon alterations, improvements, or decorations | 1) Consent of tenant, 2) Tenant unreasonably withholds consent, or 3) Tenant is absent (w/o notifying landlord) for more than 1/2 the rental payment period (e.g. 15 days if rent is paid monthly) | |
| Show the unit to prospective or actual purchasers, mortgagees, or tenants | 1) Consent of tenant, 2) Tenant unreasonably withholds consent, or 3) Tenant is absent (w/o notifying landlord) for more than 1/2 the rental payment period (e.g. 15 days if rent is paid monthly) | |
| Show the unit to prospective or actual workers or contractors | 1) Consent of tenant, 2) Tenant unreasonably withholds consent, 3) Tenant is absent (w/o notifying landlord) for more than 1/2 the rental payment period (e.g. 15 days if rent is paid monthly), or 4) Emergency | |
| Landlord inspection | 1) Consent of tenant, 2) Tenant unreasonably withholds consent, 3) Tenant is absent (w/o notifying landlord) for more than 1/2 the rental payment period (e.g. 15 days if rent is paid monthly), or 4) Emergency | |
| Protection or preservation of the premises | Reasonable notice | Any time |
Additionally, a landlord is not allowed to abuse their right of access or to harass the tenant.
Security Deposits
If a landlord collects a security deposit, then the landlord must do one of four things:
- Hold the money in a separate non-interest-bearing account in a Florida bank (not commingling any such money with any other funds of the landlord or used as any sort of collateral for the landlord).
- Hold the money in a separate interest-bearing account in a Florida bank and pay the tenant either (a) at least 75% of the annualized average interest payable on such account, or (b) 5% simple interest per year on the amount held. The landlord may freely elect either option.
- Post a surety bond of the amount of the security deposit or $50,000 (whichever is less) with the clerk of the circuit court in the county of the dwelling unit and pay the tenant 5% annual simple interest on the amount.
- If the landlord rents dwelling units in 5 or more counties, the landlord may choose to post a bond for the amount of the security deposits or $250,000 (whichever is less) with the Secretary of State instead of the clerks of each county’s circuit court. Tenants must still receive 5% annual simple interest on the amount.
After a lease terminates and the rental unit is vacated, the landlord has two options:
- Return the security deposit (with interest) within 15 days, or
- Provide the tenant with written notice delivered by certified mail within 30 days, informing the tenant of landlord’s intention to impose a claim on the deposit and the reason for imposing the claim.
If the landlord fails to provide notice of a claim within 30 days, the landlord forfeits the right to impose a claim upon the deposit BUT may still file an action for damages after the deposit is returned.
If the landlord submits notice of a claim and does not receive any objection from the tenant for 15 days after the tenant’s receipt of the notice, then the landlord may deduct the amount of the claim from the deposit and must then remit the balance of the deposit within 30 days after the landlord’s first notice of claim.
If the landlord provides the tenant with notice of a claim, then the tenant has 15 days after receipt of the notice to object to the claim. If the tenant objects, the landlord should consult a lawyer to either negotiate with the tenant or initiate a lawsuit.
Early Termination of Rental Agreement by Tenant
A tenant is entitled to terminate a rental agreement if the landlord does not meet his or her obligations, such as repairing appliances or fixing a leaky roof. The tenant must follow a 3-step procedure for termination:
- Tenant must notify landlord that landlord has not met his or her obligations and that tenant will vacate the property in 7 days if the issues are not addressed.
- Landlord has 7 days to correct the issues.
- If the landlord does not correct the issues, then the tenant may terminate the lease and move out. Alternatively, the tenant may get a court order for a reduction in rent if they want to remain despite the landlord’s noncompliance.
Early Termination of Rental Agreement by Landlord
If a tenant does not pay rent on time, the landlord can demand the rent from the tenant in writing and notify the tenant that if the rent is not paid, they will have to leave. The tenant has three days to pay overdue rent after receipt of such notice. If the rent is not paid after the three days are up, the lease is terminated and the tenant must vacate the property. If a landlord terminates a lease for nonpayment but the tenant does not leave, then the landlord may initiate an eviction process. There are 7 steps to an eviction process:
- The landlord must serve proper notice of rental agreement termination to the tenant. The tenant has 3 days to leave for nonpayment of rent or 7 days to leave for other breaches of leasing contract (such as acquiring pets in a “no pets” apartment).
- If the tenant ignores the notice and does not leave, the landlord must file a complaint for eviction with the county court and have the tenant properly served with a summons and complaint.
- The tenant has 7 days to answer the complaint if they want to defend their right to continued possession. If that happens, the case will go to court.
- If a tenant chooses to defend their right to possession in court despite having no grounds for doing so, a landlord should exercise their right to file a motion for final judgment and ask that it be fast-tracked on the court’s calendar.
- If the tenant does not answer the complaint, the landlord must obtain a court order to evict the tenant.
- After the landlord obtains a court order or wins in court, the clerk of court will issue a writ of possession which will be signed by the sheriff and placed on the rental property or handed to the tenant. The tenant has 24 hours to vacate after this happens.
- As soon as the sheriff signs the writ of possession, the landlord may remove the tenant’s personal property from the rental with the sheriff present.
Summary of Landlord Rights
- The landlord has the right to access the rental property when necessary, provided they follow the guidelines discussed in the first section of this article. In particular, the landlord must usually provide at least 24 hours notice and only enter during reasonable hours.
- The landlord has the right to initiate an eviction process if the tenant fails to pay rent on time or otherwise breaches the rental agreement.
Summary of Landlord Duties
- Leases for one year or more must be in writing in order to be legally enforceable.
- When a landlord requires a security deposit and advance rent, they must keep the deposit in an escrow account during the tenancy. If the account bears interest, the tenant is entitled to 75% of the interest or a flat 5% of the deposit when and if it is returned to the tenant. Commingling tenant deposits with other funds is prohibited.
- The landlord must ensure the rental property is safe and meets housing code requirements. Reasonable repairs must also be conducted when necessary.
- The landlord must not abuse their right to access the dwelling.
- The landlord must notify the tenant before entry unless the landlord is entering for an emergency for protection or preservation of the premises.
Summary of Tenant Rights
- If a landlord collects a security deposit and places the money into an interest-bearing account, the tenant has a right to 75% of the interest generated or 5% simple annual interest on the amount, whichever the landlord elects.
Summary of Tenant Duties
- The tenant must pay rent on time.
- If the rental property is part of an HOA or condo association community, then the tenant must abide by the community’s rules.
- The tenant must not damage the property.
What rights do tenants have without a lease in Florida?
The Florida Residential Landlord and Tenant Act defines the rights that tenants have in the absence of a written lease. Those rights include the right to be notified before the landlord enters the property for non-emergencies, the right to require the landlord maintain the property in a safe condition that complies with building codes, and the right to terminate a lease early if the landlord fails to provide the home in a safe condition even after the tenant provides a 7 day notice of intent to vacate due to landlord’s failure.
Can a tenant change locks in Florida?
Under Florida law, a tenant has the right to change their locks unless their lease agreement specifically prohibits doing so. However, landlords also have a right of access, so a tenant who changes the locks must either provide the landlord with the new key or make themself available to let the landlord in when needed.
References
[1] Florida Statutes Chapter 83 – Landlord and Tenant Law
[2] Florida Residential Landlord and Tenant Act (F.S. chapter 83 part 2)