Over the last several years, Florida’s residency rates have risen dramatically. It is estimated that approximately 33% of state residents rent their properties. With one-third of Floridians living as tenants, it is important that state law ensures fair treatment and safeguards their living conditions. These tenant rights are primarily governed by the Florida Residential Landlord and Tenant Act, which provides protections related to rental agreements, security deposits, eviction processes, and tenant privacy.
Understanding these rights is essential for both renters and landlords to maintain a fair and lawful rental relationship. Below are key tenant rights protected under Florida law.
- Right to Fair and Safe Housing: Tenants in Florida have the right to a habitable living environment, meaning the rental property must meet certain health and safety standards. Landlords are required to maintain the premises in good condition, ensuring that basic necessities like plumbing, electricity, heating, and sanitation are in working order. This includes:
- Repairs and Maintenance: The landlord is responsible for addressing issues such as leaks, broken fixtures, or unsafe conditions that could make the property uninhabitable.
- Health and Safety Codes: The property must comply with local building, health, and safety codes. If a tenant reports that there is a problem like mold, pest infestations, or faulty wiring, the landlord must respond promptly to resolve the issue.
- Right to Privacy: In Florida, tenants are entitled to privacy within their rental homes. A landlord cannot enter a tenant’s rental unit without proper notice unless there is an emergency (e.g., a fire or flood). Generally, the landlord must provide at least 12 hours notice before entering the property, and the entry must occur during reasonable hours (usually between 7 a.m. and 8 p.m.). While the landlord can enter the unit in cases of emergency or to make necessary repairs, they are required to respect the tenant’s privacy by providing notice unless it’s an urgent situation.
- Right to a Written Lease: Tenants in Florida have the right to receive a written lease agreement outlining the terms and conditions of the tenancy. While Florida law does not require a written lease for a rental agreement to be valid, having a written lease provides clarity on the rental terms, such as:
- Rent amount and due dates
- Length of the lease
- Responsibilities for maintenance and repairs
- Pet policies
- Rules about subletting and guests
- A written lease can help avoid misunderstandings between the landlord and tenant.
- Right to Fair Treatment in Rent Increases: Florida law does not limit how much a landlord can increase the rent, but it does require landlords to follow specific procedures if they intend to raise rent during a lease period or at the end of a lease term. Notice for Rent Increases: For month-to-month leases, the landlord must provide written notice at least 15 days before the rent increase takes effect. For fixed-term leases, the landlord cannot raise rent until the lease term ends unless the lease specifically allows rent increases during the term.
- Right to Security Deposit Protection: Tenants in Florida have the right to return their security deposit after the lease ends, as long as they have met all obligations under the lease, such as paying rent and leaving the property in good condition. A landlord must return the security deposit within 15 days if there are no claims against it. If there are deductions for damages, the landlord must provide an itemized list of deductions within 30 days after the tenant vacates.
- Right to Protection Against Unlawful Eviction: In Florida, tenants cannot be evicted without proper legal grounds and due process. Evictions can only happen if a tenant fails to pay rent or violates the terms of the lease. However, landlords must follow the correct legal procedures:
- Notice for Nonpayment of Rent: If a tenant fails to pay rent, the landlord must provide a 3-day notice (excluding weekends and holidays) to pay the rent or vacate the property.
- Eviction Process: If the tenant does not respond to the notice, the landlord can file an eviction lawsuit. Tenants are entitled to a court hearing before an eviction order is issued, providing an opportunity to contest the eviction.
Tenants cannot be locked out of the rental unit or have their utilities shut off by the landlord without following legal procedures. Self-help evictions are illegal in Florida.
- Right to Discrimination-Free Housing: Under both federal and state law, tenants in Florida are protected from discrimination when renting a home. The Fair Housing Act prohibits discrimination based on:
- Race, color, national origin, religion, sex, familial status, or disability (federal law)
- In Florida, additional protections exist against discrimination based on marital status, age, or sexual orientation, depending on local ordinances.
- Landlords cannot refuse to rent to a tenant or offer unequal terms based on these protected categories.
- Right to Withhold Rent in Certain Conditions: Tenants in Florida have the right to withhold rent if the landlord fails to maintain the premises as required by the lease or Florida law. This may apply in cases where the landlord does not make necessary repairs to ensure the property is habitable. However, tenants must follow specific procedures before withholding rent:
- The tenant must notify the landlord in writing about the issue and provide a reasonable amount of time for repairs to be made (usually 7 days).
- If the landlord fails to fix the issue, the tenant may withhold rent or use it to pay for necessary repairs, but they must remain in compliance with the law.
- Right to a Safe and Secure Environment: Florida law requires that rental properties be free from harassment or retaliation by landlords. This means that a landlord cannot retaliate against a tenant for exercising their rights, such as complaining about uninhabitable conditions, reporting violations of health and safety codes, or joining a tenant union.
Understanding these rights is crucial for tenants and landlords to ensure that rental agreements and interactions remain fair, transparent, and compliant with the law. If you are living in a rental property and feel that your tenant rights have been violated, call a professional personal injury attorney today.
