Florida Landlord-Tenant Laws

Written by on January 7, 2013

This article summarizes some key Florida Landlord-Tenant laws applicable to residential rental units.

We’ve used the Official State Statutes and other online sources cited below to research this information and it should be a good starting point in learning about the law.

With that said, our summary is not intended to be exhaustive or a substitute for qualified legal advice. Laws and statutes are always subject to change, and may even vary from county to county or city to city.

You are responsible for performing your own research and complying with all laws applicable to your unique situation.

If you have legal questions or concerns, we recommend consulting with the appropriate government agencies and/or a qualified lawyer in your area. Your local or state bar association has a referral service that can help you find a lawyer with experience in landlord-tenant law.

This research and information is current as of Sept 1, 2013.

Official Rules and Regulations

Details

Security Deposit:

  • Security Deposit Maximum: No Statute (83.49)
  • Security Deposit Interest: Not Required, but allowed.  If interest is being collected, it must be in a Florida banking institution, and tenant receives 75% if earnings (83.49 (1a-b)).  No interest is due to a tenant who wrongfully terminates his or her tenancy prior to the end of the rental term (83.49 (9)).
  • Separate Security Deposit Bank Account: Yes, landlords are not allowed to commingle funds (83.49 (1a-b)).  Landlords are also allowed to post a surety bond (83.49 (1c)).
  • Pet Deposits and Additional Non-refundable Fees: No Statute, but is typically allowed and customary.
  • Deadline for Returning Security Deposit: 15 days if full refund, 30 days if withholding any amount (83.49 (3a)).
  • Require Written Description / Itemized List of Damages and Charges: Yes, and landlord must send notice using exact language found in Florida Statute 83.49 (3a).
  • Receipt of Security Deposit: Required to be given to the Tenant within 30 days. Landlord must identify the manner in which the money is being held, and what the interest rate is, if any. Florida has specific rules pertaining to the receipt notification, read Statute 83.49(2-3) carefully.

Lease, Rent & Fees:

  • Rent Increase Notice: No Statute (83.46)
  • When Rent is Due: When agreed upon, at the beginning of each period, and rent is uniformly apportionable from day-to-day (83.46(1)).
  • Late Fees: No Statute (83.46)
  • Returned Check Fees: If payment is returned by a financial institution, landlord can impose a service charge of $25, if the face value does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40, if the face value exceeds $300, or 5 percent of the face amount of the check, whichever is greater (68.065).
  • Prepaid Rent: No Statute (83.46)
  • Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (83.60). Essential services are defined in Statute 83.51.
  • Tenant Allowed to Repair and Deduct Rent: No Statute
  • Landlord Allow to Recover Court and Attorney’s Fees: Yes (83.4883.55)
  • Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No, Landlord has no obligation to rerent during a breach of lease by tenant. For specific requirements, read Statute 83.595.

Notices and Entry:

  • Notice to Terminate a Lease – Yearly Lease: Not less than 60 days prior to the end of any annual period (83.57(1)).
  • Notice to Terminate a Lease – Quarter to Quarter: Not less than 30 days prior to the end of any quarterly period (83.57(2)).
  • Notice to Terminate a Lease – Month-to-Month: Not less than 15 days prior to the end of any monthly period (83.57(3)).
  • Notice to Terminate a Lease – Week-to-week: Not less than 7 days prior to the end of any weekly period (83.57(4)).
  • Notice of date/time of Move-Out Inspection: No Statute
  • Termination of Lease for Nonpayment: 3 days Notice, excluding Saturday, Sunday, and legal holidays.  Specific language must be included in the notice, which is found in Statute 83.56(3).
  • Notice of Eviction for Lease Violation: Tenant has 7 days to remedy the issue or landlord can file for eviction and terminate lease (83.56(2)).
  • Required Notice before Entry: 12 hours, unless otherwise agreed upon (83.53(2)).
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): 12 hours (83.53(2))
  • Emergency Entry Allowed without Notice: Yes (83.53(2b))
  • Entry Allowed During Tenant’s Extended Absence: Yes (83.53(2d))
  • Notice to Tenants for Pesticide Use: No Statute
  • Lockouts Allowed: No (83.67(1))
  • Utility Shut-offs Allowed: No (83.67(2))
  • Penalty for a Self-Help Eviction: A landlord who performs a self-help eviction shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages. (83.67(6))
  • Proper Notice for Abandoned Property: Yes, first-class mail, pre-paid postage (715.104), using the specific language found in Statutes 715.105, or 715.106.  Review Statutes 715.104 – 705.111 for specific instructions and requirements for abandoned property.

Disclosures and Miscellaneous Notes:

  • Landlords are not allowed to evict tenants without going through the legal process (aka self-help evictions).  Penalty is actual damages to tenant or 3 months rent – whichever is greater (83.67(6)).
  • For buildings over three (3) stories, landlord shall disclose to the tenants initially moving into the building the availability or lack of availability of fire protection (83.50(2)).
  • The landlord shall, at or before the commencement of the tenancy, provide the name and address of the landlord or a person authorized to receive notices and demands in the landlord’s behalf (83.50(2)).
  • Notification shall be provided on at least one document, form, or application executed at the time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement for any building. Such notification shall contain the following language:
    RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.” (404.056(5))
  • Landlord shall not prevent the tenant from displaying a United States Flag (83.67(4)).
  • Landlord is not responsible for personal property left on the premise after death of tenant if the following clause is included in the signed lease agreement:
    “By signing this rental agreement, the tenant agrees that upon surrender, abandonment, or recovery of possession of the dwelling unit due to the death of the last remaining tenant, as provided by Chapter 83, Florida Statutes, the landlord shall not be liable or responsible for storage or disposition of the tenant’s personal property.” (83.67(5))
  • Landlord is not allowed to include clauses in the lease that force either party to waive or forfeit rights, remedies, requirements, or liabilities set forth by law (83.47).
  • It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant (83.64).
  • Retaliation is considered if action is taken on a tenant who (1) has filed an official complaint to a Government Authority, (2) has organized, encouraged, or participated in a tenants’ organization, (3) has complained to the landlord pursuant to Statute 83.56(1), or (4) is a servicemember who has terminated a rental agreement pursuant to Statute 83.682.

Court Related:

  • Small Claims Court Limits: $5,000 or less, excluding costs, interest, and attorneys’ fees.
  • Eviction Cases Allowed: Yes
  • Small Claims Rules (PDF)

Business Licenses and Fees:

  • Business License Required: No state-wide statute, but local cities and counties may have regulations and requirements.  Check with your local governing authority.
  • Rentals in Miami need a Residential Real Estate Sign permit (single family homes) or a Commercial Real Estate Sign permit (apartment units). It is a sticker that should be placed on the sign. The permit is $5.00 for a single family home, $15.00 for an apartment unit, and it is valid for one (1) year from purchase. (Miami FAQs)
  • Sales and Use Tax on Rental of Living or Sleeping Accommodations
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454 CommentsLeave a Comment

  • Scott D

    I was a tenant (Kiosk) at a local Florida mall, my lease ended June 30th 2014. I have yet to receive my security deposit back. They are not disputing anything, local mall management tells me, corporate office is a mess and I should have it anytime. (This was 2 months ago) Do I need to get an attorney for this ? and what penalties can be assessed against this company.

    Thanks for your help

    • Lucas Hall

      Hi Scott,

      Commercial leases are different than residential leases. They might have different rules, but I don’t know much about them. Sorry I couldn’t be more help.

      Perhaps someone else in this thread might know more, and will chime in.

  • Ashleigh Smith

    The previous owners said that the bank cant put us out at least 90 days since we have no one to pay our rent to.What should we do?I tried to find out who the new owners are but no such luck.Is this true.

    • Lucas Hall

      Hi Ashleigh.

      I wouldn’t believe anything the previous owners say. They aren’t the bank and they probably have never been through this before either. They really have no idea.

      If the bank took possession, the public tax record should indicate who the new owner is. Try checking with your local county tax office. Many counties have their records online. Try googling “COUNTY NAME property tax records”.

      If that doesn’t work, a lawyer would know how to track it down for you.

  • Teresa

    I am considering renting to an elderly lady who is 89, my concern is if she becomes ill and can’t pay her rent what are my obligations, or will the court let her stay in my place and not pay rent? I am not by no means heartless just wanting to do what is best for both parties involved. I was also wondering what my liabilities could be?

    Thank You,
    Teresa

    • Lucas Hall

      Hi Teresa,

      You’d have to treat her like any other tenant who doesn’t pay rent.

      When a tenant doesn’t pay rent, you must provide them with a “Notice to pay or quit”, where if they don’t pay up in X days (see statutes above), then the lease will be terminated and they have to move out.

      If the tenant doesn’t move out, then you have to file an eviction action in small claims court. After you win the judgement, the court will order the sheriff to remove the tenant by force. You’re not allowed to change the locks or shut off utilities until the sheriff removes the tenant.

      On a federal level, “age” is not a protected class from discrimination, however, it might be at a local level.

      Here are some helpful guides
      http://www.landlordology.com/tenant-eviction/
      http://www.landlordology.com/know-what-is-considered-illegal-discrimination/

  • Joy

    Hi Lucas,

    My daughter owns and lives in her condo in Florida with her 55Lb dog. The assn allows dogs up to 35Lbs and when they questioned her about the dog, she advised them that he is an ESA. She provided a letter from her doctor stating such, however, without going into medical details of a diagnosis. The assn advised that the document is insufficient and they have petitioned the State for Mandatory Non-Binding Arbitration. She received about 40 documents from the State, including pictures of my daughter walking her dog, requiring her to answer within 20 days. She contacted attys who require $1,500-$2,500 retainer; needless to say, she can’t afford these fees.

    My daughter does not feel comfortable and safe in her current living conditions. Do you have any suggestions to assist her, short of moving, with a minimum expense and positive results?

    • Lucas Hall

      Hi Joy

      I’m sorry your daughter is going through this. Further, to add insult to injury, the association can potentially force your daughter to remove the dog, but your daughter’s lease with the landlord would stay intact.

      A certified service dog would allowed, but an emotional support animal is another story. Personally, I think it’s better for the landlord/association to “play it safe” and allow any animal that comes with a doctor’s note, but it can be a gray line.

      Here’s an excerpt from a article by a friend of mine:
      http://www.rentprep.com/blog/landlord-guide-assistance-animals/

      HUD separates assistance animals into two categories–service animals and support or companion animals. It also sets up two conditions that, if the answers are yes, the landlord must allow the assistance animal.

      Here are the two conditions:
      1. Does the person requesting the animal indeed have a diagnosed disability that that impacts major life activities?
      2. Does the person requesting the animal have a disability-related need for it and will the animal assist, perform tasks or perform services for the disabled person?

      If it’s no to either, you do not have to allow the assistance animal. If it is yes to both, the exceptions must be made in most cases.

      Keep in mind, I’m NOT a lawyer, so please don’t consider this legal advice.

  • D. Scott

    Hi

    My lease is expiring 2015 and my rent is $736 and will be $939 2015. In order to stay for 2015 I would have to pay $939 is this lawful. My apartment has been sold to another owner.

  • Stephanie.Dugan

    I am a renter of 20yrs in Florida in april we had a flood i am under no lease for the month of may and june while the house was being repaired we did not pay rent our belongings were here, when the house was done we resumed paying rent now she is demanding payment for thoose two months 5 months later or she is going to evict me. May i also add that this house flooded 16 years ago and during the time of reconstruction I did not pay rent till the house was repaired to proper living conditions.

    • Lucas Hall

      Hi Stephanie,

      A tenant of 20 years! Wow, I wish my tenants would stay that long.

      Generally speaking, a landlord cannot charge rent if he/she doesn’t give you a place to stay. However, if the landlord provides you with an alternative (similar) place to live while the repairs are made, then you would have to continue paying rent.

      Often times when major repairs need to happen, a landlord will put the tenants up in a hotel, however, the tenant must continue to pay rent.

      Rent = a place to live. If the landlord is meeting his/her lease obligations by providing a similar place to live while the unit is being repaired, then you should meet your obligations to pay rent.

      I hope that helps clarify things. Please keep in mind, I’m not a lawyer nor is this legal advice.

  • Karen Kirkland

    I moved out of a home on 10/31 where I had lived for 10 years. My landlord didn’t do any maintenance except annual air-conditioning maintenance and an annual termite inspection. There were a few walls that he painted because the wallpaper came off due to moisture behind the wall, but nothing else. He has told me that he intends to keep my security deposit to defer the expenses to return the home to its original condition: newer carpet, new paint, newly painted garage floor, etc. I believe this falls under normal wear and tear after such a long period of time. The only things requiring extra attention: (1) I lost one of the two garage door openers; (2)there is a doorknob sized hole in one of the bedrooms where the door was slammed and the buffer on the baseboard didn’t work; (3) there are plumbing issues, but this is a 40+ year old neighborhood where most of the owners have re-plumbed, but my landlord has not; and (4) there are continuing termite problems. I am fine being responsible for the expense of 1 and 2, however I asked him to consider the expense of those to be off-set by me returning the unit 3 days early after a 60 day notice. He didn’t ask me to vacate early, but when I mentioned I might be able to, he was very eager to gain entry and followed up several times. What am I entitled to in this scenario?

    • Lucas Hall

      Hi Karen,

      You are correct. A landlord cannot charge a tenant for normal wear and tear. If he insists on doing so, please talk to a lawyer, and ask about filing a small claims court action to get your deposit back.

      Regular carpet wear and tear is considered “normal”.

      Returning the unit 3 days early doesn’t mean that he was able move a new tenant into the unit 3 days early. Though it was nice of you, it probably didn’t benefit him one way or another.

      If you are to prove that he wrongfully withheld your deposit, then you might be able to get all (if not more) of it back.

      Please keep in mind, I’m not a lawyer nor is this legal advice.

  • taryn grey

    We have a tenant in FL that emailed us on 11/3 7:30pm and notified us they would be terminating lease with no given move out date, lease began 9/5/14, saying we didn’t uphold our landlord obligations. Signed move in property report with nothing noted other than missing bedroom closet door handle. Never provided us with any written repair requests, complained of gutters overflowing from beginning and we told them they moved in needed immediate move in and we have not been able to have gutters cleaned since prior tenant move out less than 5 days prior, we plan on having them cleaned as soon as possible. This was taken care of soon enough.
    Rent was received on 11/5 with no written notice of lease termination given. On 11/9 we received email from tenant stating we had not informed them who would be performing walkthrough at move out (no lease termination date yet given) AND informed us tenant had been experiencing headaches and sinus problems, tenant feels this is from mold in home from prior roof leaks. Tenant informed us in email they knew we had 7 days to fix this problem. Tenant also informed us they had mold test performed and it came back positive. We immediately responded saying g this was the first we heard of concerns of possible mold and we asked for name of company that performed mold test as well as results. No answer to this request.
    HELP! We sent them 7 day notice last month because they changed locks a d failed to provide new keys and after numerous requests. We also sent them 3 day notice after reducing rent without proper notice.
    How to proceed….?

    • Lucas Hall

      Hi Taryn

      I sounds like the tenant is trying to think of any possible reason to get out of the lease. I wonder if he/she got a new job somewhere else and wants to move. Regardless, if I were in your shoes, I would try to terminate that lease as fast as possible. However, do not take a financial hit because of your tenant.

      Unless he/she can PROVE that you haven’t fulfilled your duties, then you should terminate it on your terms. Changing the locks and failing to pay rent is enough of a reason to terminate the lease with proper notice.

      It would be wise to talk to a florida lawyer. I am not an attorney, so please don’t take this as legal advice.

  • Joy

    Hi Lucas,

    My current renters’ lease agreement ends March 31, 2015. They have just emailed me requesting a three-month extension through June 2015. If I grant the extension,I was thinking of increasing their monthly rent. Here are my questions:

    1. What would be a reasonable increase considering their request?
    2. Are there any downfalls to extending their lease the additional three months?
    3. Does this extension affect me negatively for the remainder of the year if my HOA limits me to one renter/12 months? If so, what would you suggest?
    4. What amendments to the lease should I consider in order that the property is clean, uncluttered, and presentable, as I show prospective renters?

    As a reminder, these are the same filthy renters who have previously disrespected and damaged my property. What are your thoughts on this issue.

    Joy

    • Lucas Hall

      Hi Joy,

      If you’re open to the idea of letting those dirty tenants stay a little longer, then yes, you have some options. If you’d rather them leave, just say NO.

      1. A typical rent increase on a renewal is anywhere from 3-10%. However, this isn’t a renewal. They are asking for a brand new 3 month lease. Because this isn’t a standard 12 month lease, you can charge whatever price you want for a 3 month lease. Typically, shorter leases come at a premium. Sometimes month-to-month leases cost 2x as much (per month) as a 12 months lease.

      2. The only downside is that it might be harder to rent the place for a July 1st move-in. But then again, it might be easier. It just depends on were you live.

      3. I can’t speak to your HOA rules, but I suggest clarifying with your association. In my HOA’s “one renter/12 months” doesn’t mean that the tenant can’t stay longer, but rather that I can’t lease it for any period less than 12 months. Check with your HOA.

      4. Make sure spell out any cleaning requirements. Remember, you don’t “have to” do a short renewal, so if they don’t like your cleaning requirements, they don’t have sign it.

      As you know, I’m not a lawyer, so please don’t take this as legal advice :)

  • Louise

    My mother in law rented a cottage in st.john October, 2014, month to month. The landlord charged her $1350 monthly rent. $1350 security deposit and 1350 last months rent. She gave a verbal notice may 26 rent due on 15th paid May rent. Moved out Immediately due to friction over notice. She stayed five nights in hotel. Paid all rent due, nothing returned. At the time notice was given , landlord stated she didn’t have money to return funds and would need to make payments to her. No correspondence from landlord regarding withholding of security deposit mor other. What are we to do, we live 2500 miles away.

  • raul chavez

    long story short. my apt was flooded on oct/31/14 everything was destroyed. place was not livable. i haven’t lived there since it happened. i wanted to end my lease under 83.63 fl statue. day after. i know i don’t need permission or really tell them untill i show up with a letter saying i want to end it. i go to the leasing office manager and she completely avoids me for 3 days and only sending her public relations employee to talk to me. i tell her i want to end the lease. not once not twice but 3 times. finally when i do speak to the manager she tells me ” the place is now livable” i know what she did and why she did it. so the next day i show up with a letter stating

    TERMINATING MY LEASE AGREEMENT, effective December 1, 2014.
    Florida Statutes Chapter 83, the Florida Residential Landlord Tenant Act.
    A tenant has certain rights and responsibilities under Florida law. These are specified in
    (States. Fire, Flooding and Other Unavoidable Disasters)
    If damage occurs (not due to your fault) which “substantially impairs” your use of your place, then you may end the lease agreement and move out. i gave them the same law 5 times from 5 sources on the letter and the landlord and tenant act. which says the act prevails over any lease. they bite back saying in a email. ” i can’t break lease , my apt is livable” they did not come back at me with a law or any statue or rule for that matter but a letter pretty much saying “no” . now after all that… i have documents/video documents/pics/ employees who have been coming in and out of my apt/receipts showing that i haven’t lived there. when the apt wasn’t livable! no professional has come to check the apt! the leasing office is refusing to obey the law. i don’t want to sue. should i use what i have and continue this ?

    • Lucas Hall

      Hi Raul,

      If I were in your shoes, I would have just given written notice to the agent’s representative, and have been done with it. I wouldn’t have allowed them to play games with me.

      However, now that you’re in this situation, *I think* (not a lawyer) that it comes down to whether or not you actually have notice of immediate termination, or if you just accepted their delay and never got around to actually giving notice. Meaning, was the agent successful in being able to prevent you from giving notice?

      Now that the place is habitable again, you might not be able to retroactively terminate your lease, but that would be up to a Judge to decide if you take this to court.

      If you decide to not fight this, then the least they can do is refund rent for the days that the unit was uninhabitable.

      For your legal rights, and legal advice, please talk to a locally licensed attorney – which I am not.

  • Smart

    Hi Lucas,

    Do Landlord-tenant laws apply to subleased agreements in Miami?

    Tenant was provided with a 30 day notice as per agreement by the subtenant. However the tenant is threatening to change locks (self help eviction) unless an extra 15 days of rent is paid by the subtenant immediately beyond the 30 day notice period.

    Notice was provided to tenant on Nov 15th that apartment will be vacated before Dec 3rd ( month-month rental) and advised to deduct 12 days from security deposit however wants Dec 3rd to Jan 3rd rent deposited by Nov 18th or will change locks and prevent subtenant from accessing belongings because as per tenant the notice period starts from 3rd of month.

    • Lucas Hall

      Hi Smart,

      Landlord-tenant laws typically apply to anyone in the landlord-tenant relationship. The lines tend to blur when subletters are living in the unit without the landlord’s permission.

      Regardless, no one can EVER change the locks on someone else who is legally living in the property. If the sublease is legit and approved by the owner, then changing the locks prior to move-out would be wrong. If you’re the subtenant and your tenant changes the locks on you while you are still living there, call the police and get a lawyer to fight back.

  • Cristina

    Lucas,

    We have a month to month with out 7 year long tenants. We want to raise their rent as we have never done so in the last 7 years! Is there a maximum in the state of florida and if so, what is it?

    Best Regards,

    Cristina

    • Lucas Hall

      Hi Christina

      According to my limited research, I didn’t see a statute that regulated notice for a rent increase, or the maximum increase allowed.

      With that said, I suggest at least 15 days because that’s the amount needed to terminate a month-to-month.

      A tenant doesn’t have to approve the rent increase. If they don’t like it, they can leave. With a M2M, you could raise the rent each month which would allow you to raise it slowly if that helps at all.

      Keep in mind, I’m not a lawyer so please don’t consider this legal advice.

  • kay beck

    You do not sound as if you have very much knowledge regarding… any questions asked. Why do you have this site if you cannot help anyone? I have an important question. I will find a qualified person to answer my question. You end every “reply” with a “cover m a” answer. Think about learning the laws, being able to answer without a disclaimer, become legally responsible for your “maybe” answers or just find another less harmful subject NOT to know about.

  • Katherine

    I moved into an apartment in 2012 in FL. The manager said to me (my mother was with me and is witness) that the rent would go up about 10-15 dollars. Also, I was told that this is a special move-in rental price. So, the first renewal the rent went up $25. More than she had said but I felt I could deal with it.

    This November I came home to a piece of folded paper taped to my door. When I read it I thought my rent had stayed the same however after looking more closely, I realized they are raising my rent $100!

    First of all, I do not believe that “taping a rent increase to someone’s door” is the proper, legal way to inform a tenant of an increase.

    Secondly, I spoke to the maintenance person who was taping these notices and asked him about the amount. He told me it was across the board. I started just stopping any tenant and asked them if their rent had increased by $100. Not one of them said yes.

    I will also tell you that a few months ago my mom was here and as we were leaving, she walked on ahead and I was locking my door. All of a sudden I heard her scream – I threw everything and ran to her. It was horrible.

    I contacted an attorney and helped to start a lawsuit against the owner of the apartment complex. The reason being there is a very large gap between the pavement end and the yellow rounded end piece of the walkway. My mom’s cane got stuck in it and it made her fall. I took pictures showing the width and depth to send along to the lawyer.

    I had informed an employee that worked here at the time (Lori) and she took care of her end of the responsibilities for the apt. complex.

    One day, I was in Lori’s office and the manager (her boss) was in the office as well. Lori said something regarding the accident and taking pictures or something close to that. The manager, Robin, looked up at me, shocked and asked me if I was suing. I did not give an answer saying yes or no. Lori explained that this is standard practice when someone has an accident on their premises. My mom is 75. It was horrible what happened to her. The manager never asked how she was, just blasted the “are you suing” question at me.

    She asked me recently what was happening with everything. Of course, I cannot discuss it with her. I also said to her that it was not MY law suit. Obviously it matters not.

    So, after talking with the maintenance person, he told me, as I said, it was across the board. That is not true. If the excuse – which was told to me – is because they are just catching up to the other apts. rent charges in the area, then every tenant should be paying the same amount.

    That is not the case.

    The manager also knows I am on a fixed income. I understand they have an owner of this apt. complex however if it is just me and one other person getting a $100 increase in rent, “TAPED TO THE DOOR” (which I have lost) I would argue retaliation. I have never missed a payment and never caused any problems. I know there is no regulations in FL regarding how much they may raise the rent. This is excessive and unfair. I also have problems with the doors, the stove, and a few other things. Fruit fly infestation and other types of bugs that I have asked them to get the exterminator in here to do some additional “bug spray application” which does not seem to work. There is a space at the door (moldy and all bent up rubber also) and I am sure bugs are coming in.

    Before I go and talk to the manager I am going to contact the town code inspector to look at the issues that they “tighten up a bit and say ALL IS WELL” so that I have backup. I have had them here to fix the doors at least 2 times. They say the doors are fine. The stove has a burner that has been fixed 3 times. It is circa 1970′s I believe. It needs replacing. There is no w/d in the unit and you have to go quite a distance and pay for that also.

    They close the clubhouse whenever they want. No office should close up for “lunch break”. Not where I come from anyway!

    I want to know – and I have researched, believe me — if that manner of delivery of a RENTAL INCREASE notice is legal. I tend to think not. Also, they gave the papers out saying they are giving 60 days notice however tenants are required to let them know 60 days before vacating. Therefore, they also stated that when the lease is up in 60 days, the rent for a month to month will go up another $150 on top of the already added $100. How can tenants possibly be notified with 60 days and be expected to make that decision in the same time frame? It makes not sense to me. I imagine I will have to contact an attorney. This is a very tiny, one bedroom apartment, needs updating, paint bleeds some “yellow substance”, rugs are very old and the appliances – well, the oven does not even have a window and it is the lovely, “GOLD” color I am sure you can picture. The fridge – has a roar of its own!

    So, if everyone is not paying the same amount – what reason would they possibly have for raising my rent ONE HUNDRED DOLLARS?

    Thank you,

    Kat

    I

    • Lucas Hall

      Hi Kat,

      I enjoyed your story, but I’m not really sure what your question is.

      Statute 83.46 regulates rent notices. Check it out: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0083/Sections/0083.46.html

      Taking notice to ones door is common way of providing notice. Although, I always recommend the landlord send it via certified mail as well.

      Do you know for sure that they aren’t raising other people’s rent? Leases rarely end at the same time, so rent increases are usually staggered among a community. Your fixed income, or history, is irrelevant to the actual market value of the unit. I suppose if you don’t think that the apartment is worth the increase, you are free to move at the end of the lease.

      When I was a renter, I always tried to negotiate down my rent increase. One year, my landlord raised my rent 10%. I told him that I couldn’t pay that and was going to move out. Next thing I knew, he lowered it to 3%, so I stayed.

      Good luck to you here. Try to negotiate.

  • Cassie

    I leaving this site. I sold my Florida condo so I am no longer a land lady! Thanks, Lucas, for all the excellent support and advice. It is a very interesting and helpful website!

  • stephanie martinez

    My landlord told me to move. to a better place i was habing so many problems in this eletric. water. an snakes i have 2 kids, i told her 45 days ahead i was moving. she tols it was find i have all text messages she said it takes 30 days for my security deposit to be refunded .. i had a 1 year lease …. is there any way i could get my deposit back.

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