What a Landlord Cannot Do In Florida

Rental properties are hard to manage on your own. There are many accidental errors you can make, but none worse than unknowingly breaking the law. Each state has specific laws to protect tenants’ rights, and knowing these rules can help avoid legal repercussions.

Understanding Florida landlord-tenant laws is crucial for landlords to protect their rights, comply with regulations, and maintain a harmonious relationship with their tenants.

We will cover the main things landlords are not allowed to do in Florida.

What a Landlord Cannot Do: Florida Restrictions

There are many things Florida landlords are not allowed to do, here are the common ones:

• Demand Excessive Security Deposits or Fees
• Enforce Local Regulations Over State Law
• Not Conducting Background Screenings for Apartment Employee
• Entry Without Proper Notice
• Illegal Evictions
• Discrimination
• Withholding Security Deposits Unfairly
• Neglecting Maintenance Responsibilities
• Unlawful Rent Increases
• Retaliate Against Tenants

These restrictions are governed by Florida landlord-tenant law.

Demand Excessive Security Deposits or Fees

Landlords in Florida are restricted from demanding excessive security deposits or fees. Specifically, once a nonrefundable fee has been agreed upon in lieu of a security deposit, landlords cannot increase this fee during the lease term (Section 83.491).

This regulation ensures that tenants are not subjected to unexpected financial burdens after entering into a lease agreement. By preventing the adjustment of the agreed-upon fee, the law provides stability and predictability for tenants, allowing them to manage their finances without the fear of sudden, additional costs imposed by landlords. This measure is part of broader efforts to protect tenants' rights and maintain fair leasing practices in the state.

Enforce Local Regulations Over State Law

Landlords in Florida are prohibited from enforcing local regulations over state law regarding residential tenancies. According to Section 83.425, state law preempts local government regulations concerning key aspects of residential tenancies, including security deposits, rental agreement terms, and notice requirements. This means that local ordinances cannot override or contradict the stipulations set forth by state law.

Not Conducting Background Screenings for Apartment Employee

Landlords in Florida cannot avoid conducting background screenings for apartment employees. According to Section 83.515, it is mandatory for landlords to perform these screenings, which must include checks on criminal history and sexual predator registries. This requirement ensures the safety and security of all residents within the rental property. By adhering to this regulation, you help create a safer living environment and fulfill their legal obligations to thoroughly vet potential employees.

Entry Without Reasonable Notice

You cannot enter the rental property without giving proper notice, except in emergencies. Typically, at least 12 hours' notice is required for non-emergency entries (Section 83.53).

• Apartments:
  • Notice might be required not just to the individual tenant but also to the building management or HOA.
• Single-Family Homes:
  • Entry rules are more straightforward and typically only require notice to the tenant directly.

Standard Notice: Landlords must give tenants reasonable notice before entering the rental unit. This rule helps tenants know when you or workers will be coming into the home.

Emergencies: In emergencies, landlords can enter the rental unit without giving notice. Some of these emergencies include fires, flooding, and other immediate dangers that need quick attention to keep the property safe.

Illegal Evictions Under Florida Law

Before evicting a tenant, owners must give written notice as required by Florida's landlord tenant law. The type of notice and the time allowed depend on the reason for the eviction (Sections 83.56 and 83.57).

Changing Locks: Owners cannot change locks on a tenant’s home to force them out. This is called a self-help eviction and is illegal in Florida.

Removing Tenant’s Belongings: Owners cannot remove a tenant’s belongings from the property to make them leave. This action is also considered a self-help eviction and is against the law.

Retaliatory Evictions: Owners cannot evict tenants in retaliation for complaining about living conditions or for exercising their legal rights. If a tenant reports a problem or stands up for their rights, the owner cannot evict them as a punishment.

Discrimination

The Fair Housing Act protects people from discrimination when renting a home. Property owners cannot treat people differently based on race, color, national origin, religion, sex, disability, or family status. These are called "protected classes."

Disabilities: Owners must make reasonable accommodations for tenants with disabilities. This means you may need to adjust rules or services to help these tenants live comfortably. For example, you might need to allow a tenant to install a grab bar in the bathroom or wheelchair ramps in the house.

Service Animals: You also need to allow service animals for tenants with disabilities, even if the property has a no-pet policy. Service animals help tenants with tasks related to their disability, and it is against the law to deny them.

Withholding Tenant's Security Deposit Unlawfully

Specific examples of what would be considered "unlawfully" withholding a tenant's security deposit (Section 83.49) include:

Normal Wear and Tear: Charging for repairs or replacements due to normal wear and tear. For instance, minor scuffs on the floor, small nail holes in the wall from hanging pictures, or faded paint are considered normal and should not be deducted from the security deposit.

Lack of Itemized List: Failing to provide an itemized list of damages and the cost of repairs. If a you decide to withhold any portion of the deposit, you have to give the tenant a detailed written statement within 30 days of the tenant vacating the property.

Excessive Charges: Overcharging for repairs or replacements. For example, if a tenant damages a carpet, charging the tenant for the cost of replacing the entire carpet with a brand new, higher quality carpet instead of simply repairing the damaged section or replacing it with a comparable quality.

Unsubstantiated Claims: Making deductions for damages that did not exist or were not caused by the tenant. For example, claiming damages for a broken appliance that was already malfunctioning before the tenant moved in.

Delayed Notice: Not notifying the tenant in the specified time frame. Property owners must notify the tenant in writing within 30 days of their intent to keep any part of the deposit. Failing to do so means you cannot withhold any portion of the deposit and must return it in full.

Security Deposit Commingling: Using the security deposit for purposes other than intended. The deposit should be kept in a separate account and not mixed with your personal funds or used for other expenses.

Failure to Account for Partial Rent Payments: If a tenant makes a partial rent payment, you cannot use the security deposit to cover the unpaid rent without the tenant’s consent or proper notice and documentation.

Misuse of the Security Deposit for Unpaid Utilities: Withholding the security deposit to pay for utilities that are not the tenant's responsibility according to the lease agreement.

Unresolved Disputes: Refusing to engage in a proper dispute resolution process if the tenant contests the deductions. Tenants have the right to dispute any claims, and owners should address these disputes fairly and legally..

Time Frames: In Florida, you have 15 days to return the security deposit if you do not intend to make any deductions. If you plan to make deductions, you must inform the tenant within 30 days.

Written Notice Requirements: If you plan to withhold any part of the security deposit, you must provide written notice to the tenant. This notice must explain why you are keeping the money and itemize any deductions.

Tenant’s Right to Dispute: If a tenant disagrees with your reasons for withholding the deposit, they can dispute it. Tenants can take legal action in small claims court to try to get their money back.

Neglecting Maintenance Responsibilities

Florida landlords must keep rental properties safe and livable. It should have working plumbing, heating, and electrical systems. The property should also be free from pests and other hazards (Section 83.51).

Essential Repairs: As a property owner, you are responsible for making necessary repairs. This includes fixing things like broken windows, leaky roofs, and faulty appliances. These repairs help meet habitability standards.

Withholding Rent: If you do not make needed repairs, tenants have the right to withhold rent. If the landlord fails to address necessary repairs that affect the habitability of the property, tenants must give you a chance to fix the problem before they can stop paying rent.

Repair and Deduct: Another option for tenants is to make the repairs themselves and deduct the cost from their rent.

Unlawful Rent Increases

In a fixed-term lease agreement, the rent cannot be increased until the lease ends. The owner and tenant agree on the rent amount for the entire lease period, which is usually a year. In month-to-month tenancies, you can increase the rent, but must give proper notice.

Time Frames: Landlords must give tenants notice before increasing the rent. In Florida, the required notice period for rent increases is 15 days for month-to-month tenancies. This gives tenants time to decide if they can afford the new rent or need to move.

Retaliate Against Tenants

You are prohibited from retaliating against tenants who exercise their legal rights. Under Section 83.64, retaliatory actions such as penalizing tenants for reporting code violations or for joining a tenants' union are not allowed. This protection ensures that tenants can assert their rights and report issues without fear of retribution, fostering a fair and just rental environment.

Landlord Restrictions for Different Property Types

Apartment or Unit in Multi-Family Rental Housing:

• Common Areas:
  • Landlords must grant tenants permission to use common areas. This is specific to multi-family units and not applicable to single-family homes.
• Maintenance Responsibilities:
  • In a multi-family setting, the landlord might have different maintenance responsibilities for common areas compared to single-family homes.
• Entry Notice:
  • In multi-family housing, landlords might need to adhere to specific rules about entering common areas that affect multiple tenants.

Single-Family Home or Duplex:

• Lawn and Exterior Maintenance:
  • Landlords may specify in the lease that tenants are responsible for lawn care and exterior maintenance, which is less common in apartment settings.
• Utilities:
  • Tenants in single-family homes may be responsible for all utility payments, while in multi-family units, some utilities may be covered by the landlord.

Mobile Home:

• Lot Rent:
  • Landlords can charge rent for the lot in addition to the mobile home itself. This is unique to mobile homes and not applicable to apartments or single-family homes.
• Home Improvements:
  • Landlords may have specific rules about improvements or modifications to mobile homes that differ from other property types.

Condominium:

• HOA Rules:
  • Landlords must ensure tenants follow Homeowners Association (HOA) rules and regulations, which is less common in single-family rentals.
• Access to Amenities:
  • Tenants in condominiums might have access to shared amenities like pools or gyms, and landlords must ensure these rules are followed.

Additional Legal Restrictions for Landlords Under Florida Landlord Tenant Laws

Lockout and Utility Interference: Under Florida law, landlords cannot lock tenants out, intercept, or shut off utilities without a court order as specified in the rental agreement.

Immediate Eviction: Immediate eviction without following legal processes, including notification and court order, is prohibited.

Unapproved Alterations: Landlords cannot make alterations to the premises without tenant consent.

Prohibited Acts (Section 83.67, Florida Statutes): Actions like unlawful eviction methods and retaliatory actions are prohibited.

Risk of Loss Liability: Landlords cannot disclaim liability for loss or damage to tenant’s personal property caused by landlord’s negligence.

Casualty Damage: Landlords cannot hold tenants liable for rent if the premises are substantially impaired by damage not caused by the tenant.

Illegal Assignment and Subleasing Prohibitions: Prohibiting lease assignments or subleases without written approval is not allowed.

Unlawful Notice Practices: Notices must comply with legal requirements, including proper delivery and timing.

Misleading Legal Claims: Landlords cannot mislead tenants about their legal rights or the landlord’s obligations.

Negligence in Approval Contingencies: Terminating leases or holding tenants liable for rent if tenants comply with approval requirements is prohibited.

Unauthorized Liens: It is illegal for a landlord to allow liens to be placed on their property due to tenant improvements without proper notification and compliance with legal requirements.

Failure to Provide Lead-Based Paint Disclosures: Disclosures about known lead-based paint hazards in pre-1978 dwellings must be provided.

Bottom Line

Each state has specific laws to protect tenants’ rights, and knowing these rules can help avoid legal repercussions. It is crucial to understand the rights and responsibilities of both the landlord and tenant to ensure a harmonious and legally compliant rental relationship.

Source Links:

• The Florida Statutes
• The Florida Bar

Disclaimer:

Always check with your local county office for any laws that may apply in your local area. This article does not constitute legal advice, and we recommend that you seek legal counsel to ensure you are protected. By understanding these regulations, you can navigate property management in Florida effectively, respecting tenants’ rights and maintaining lawful practices.