Florida Lease Agreements & Landlord-Tenant Law

Florida is one of the most populous states in the U.S., home to a number of top universities such as the University of Central Florida and Florida International University. As such, it’s an ideal option for a landlord looking to invest in rental property for the first time or expand their existing assets.

Curious about Florida rental applications? Dive into our platform to discover how we simplify the process while ensuring compliance with state laws. Learn about our customizable applications that allow you to include specific details like pet policies, hurricane preparedness, and property amenities. From seamless tenant screening to user-friendly e-signatures, explore how our platform streamlines the rental application process for Florida landlords. Take the hassle out of Florida rental applications and gain peace of mind with our comprehensive solutions tailored to the Sunshine State.

Florida Renters’ Rights and Landlord Responsibilities

• Give tenants three days before filing for eviction.
• Maintain habitable housing or tenants may withhold rent.
• Florida landlords must return a security deposit within 15 days if there are no deductions or within 30 days if there are deductions.
• Florida landlords must provide 12 hours advance notice of entry (except in emergency situations).
• Specifically disclose any lead paint on the property.

When it comes to Florida rental laws, there are a few specifics that landlords need to know:

1. Filing for eviction: In Florida, landlords must give tenants three full days to either pay overdue rent or move out of the unit before they can officially file for eviction.
2. Provide habitable housing: If landlords don’t deal with repairs that affect a tenant’s quality of life, such as a broken heater in the winter or a perpetually-clogged sink, the tenant may legally withhold rent until the repairs are taken care of.
3. Timeline for security deposits: Florida landlords must return a security deposit within 15 days if there are no deductions or within 30 days if there are deductions.
4. Notice for entering: The required notice to enter a unit is shorter in Florida than in many other states. Landlords must provide 12 hours’ notice before entering the unit, though this may not apply in case of emergencies.
5. Specific disclosures: There are specific disclosures that landlords must make clear to tenants, including any lead-based paint in the unit and whether the security deposit will gain interest during the lease term.
6. Rental applications (Miami-Dade County only): As of May 22, 2022, it is unlawful for landlords to require eviction history disclosure in tenant applications until the renter has been determined qualified to rent the unit.

On the flip side of Florida rental laws are tenant responsibilities. Renters are obligated to uphold their part of the lease agreement just like landlords.

1. Comply with housing codes: Florida tenants are required to do their part in making sure the unit is keeping up with housing codes by maintaining the safety and cleanliness of the building.
2. Take care of the property: Tenants are not allowed to destroy or deface any of the items within the unit belonging to the landlord, including most appliances.
3. Maintain the plumbing: Along with these first two points, Florida tenants should be keeping plumbing fixtures clean and functioning.
4. Keep garbage to a minimum: In order to keep the unit safe and clean, tenants should be removing garbage frequently and disposing of it properly.
5. Mind the neighbors: Tenants can’t disturb the peace of their neighbors with unsafe behavior or noisy activities.

Criminal Background Check

• HUD (Federal) laws do not classify criminal backgrounds as a protected class, but making a decision to rent based off a criminal background alone could lead to a discrimination charge as it impacts certain protected groups of people disproportionately. However, if the criminal background check revealed a crime for the manufacture and distribution of drugs, homicide and/or stalking, denying the application is allowed.
• Landlords should have a consistent and equal policy or procedure in place to follow regarding criminal background checks so as not to discriminate against one class of people over another.
• HUD states that a landlord cannot ask about arrest records, only convictions, as innocent people are commonly arrested though the situation may not have resulted in a conviction.
• Miami-Dade County states you cannot ask about prior eviction records in the application process until an offer to rent has been made.

Tenant Screening Criteria

The State of Florida has no added laws or restrictions around the collection of criminal background checks, though Miami-Dade County prohibits checking for prior eviction records until a conditional offer to rent has been made. Adherence to general federal law is required. To avoid the perception of discrimination, make sure your screening criteria is stated and is consistent and equal for all groups of people.

Application Fees

The State of Florida has not capped the cost of application fees.

Disclosures

Provisions that, if left out, invalidate the lease:

• Radon Gas notification and information.
• If a Florida landlord leases five or more units, they must disclose the name and address of the bank where security deposits are held.

Build a Florida lease agreement with all of the required disclosures in less than 15 minutes.

Florida Lease Agreement Example

There are three sections to a residential lease agreement. The first section outlines the custom details of the contract, such as who’s involved and for what address. Here’s an example Florida lease agreement listing details found in Section 1:

Florida Landlord-Tenant Law FAQ

Below are answers to some of the most commonly-asked questions when it comes to landlord-tenant laws in Florida:

Due Diligence and Florida Rental Laws

TurboTenant has utilized many municipal sources along with official state statutes in order to compile this information to the best of our ability. However, local laws are always in flux and landlords and tenants alike should be sure to do their due diligence and consult legal help when it’s needed. We hope the following list can serve as a valuable resource and allow you to succeed as a tenant or landlord in Florida. Be sure to take proper precautions when it comes to finding the top candidates for your unit by utilizing our online rental application and tenant screening services.

Disclaimer: TurboTenant, Inc does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

General Florida Landlord-Tenant Law Resources

• Florida Statutes Chapter 83 – Landlord and Tenant

Florida Fair Housing Resources

• Fair Housing Act
• HUD in Florida
• Local Tenant Rights, Laws, and Protections: Florida – HUD

Additional Florida Rental Laws Resources

• Landlord/Tenant & Public Housing – Community Legal Services of Mid Florida
• Rights And Duties Of Tenants And Landlords – The Florida Bar
• Landlord-Tenant Forms – The Florida Bar

Florida Landlord Associations

• Florida REALTORS®
• Florida Apartment Association

Federal Fair Housing Resources

• Federal Fair Housing Act
• United States Department of Housing and Urban Development (HUD)
• Civil Rights Act of 1968 (Wikipedia)

City-Specific Housing Resources

Palm Bay

• Fair Housing – City of Palm Bay
• Space Coast Association of REALTORS®

Pompano Beach

• Landlord and Tenant – Broward County
• Fair Housing – Broward County
• Greater Fort Lauderdale REALTORS®

West Palm Beach

• Fair Housing – Palm Beach County
• REALTORS® Association of the Palm Beaches

Miami

• Fair Housing – Miami-Dade County
• Miami Association of REALTORS®