Florida Rental Laws

Written by on January 7, 2013

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

We’ve used the Official State Statutes and other reputable municipal sources were used to research this information. All sources are cited appropriately.

With that said, landlord-tenant laws are always changing, and may even vary from county to county. You have a responsibility to perform your own research and cautiously apply the laws 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)).
  • Application Fees: No Statute. Use Cozy to avoid having to charge application fees.
  • 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). I recommend using Cozy to collect rent online to nearly eradicate late payments.
  • 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)
  • Statute of Limitations

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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1,090 CommentsLeave a Comment

  • robin

    carol my landlord has not sent me my deposit or a letter I called and asked for it . were or who can I call to get help to get it back? Thanks

  • Rod Kreinbrink

    Hi Robin.

    I think there needs to be more information before anyone can offer an opinion. This deposit, was it a result of a contract for lease of a home? and if it was, how long has it been since your contract ended. Did it end properly, as in the end of a contract lease agreement? Or did you walk out on an existing contract. If there was a lease agreement, did you use any of the deposit for rent in any month? Did you pay all months due before the end, or leaving the apartment? Did the contract allow for deposit moneys to contribute to any unpaid rent? and lastly, did you agree to any damages to the leased premises that would attribute to the monies being consumed for an legitimate reason?

    best regards.

    rodk.

  • Val

    I am a landlord of single family home in Fort Lauderdale. Must I use the service of real estate agent in my rental relationships with tenant or I can act with all paper work myself? So is hiring a real estate agent a must in Ft Lauderdale, FL or not? Thank you!

    • Lucas Hall

      Hi Val

      I don’t know about your local laws but generally speaking, there are no laws against managing a rental you own. It’s when you start managing other people’s unit where licenses come into play.

      I hope that helps. Please know that I’m not a lawyer nor is this legal advice.

  • Sarah

    Hi!
    I was told that there is a law in Florida that states, that a tenant can terminate a lease contract prior to lease termination date without penalty fees if that said tenant buys a house. Apartment building lease…
    Is this true?
    Thank you!

    • Lucas Hall

      Hi Sarah,

      You’re better off asking a local attorney. I’ve not heard of any such luck (in any state) but again, I’m not a lawyer.

      Think about it this way: buying a house is a voluntary decision. It’s not an act of sufferance. So, why would the law back up someone who willingly gets themselves into a situation where they have rent and a mortgage payment to make?

    • Rod Kreinbrink

      Hi Sara. While I am not an attorney either, nor can give legal advice. Now that being said. I really do not understand your question, as it does not really make sense to me. Can an tenant terminate a lease agreement before the scheduled termination date without penalty fees, if the tenant purchases the home ? It seems to me that if a tenant purchases a home that they are renting, then they become the owner of the property. A renter who breaks a rental contract before the scheduled lease agreement is supposed to end, may very well have to pay penalty fees such as lost rent, etc. If a renter intends to buy the same home in the future, they still are responsible for past contracts, responsibilities, and debts.

  • Sistino

    If the association rules state that owners are allowed to lease their condo only once in a 12 month period, is it allowed to interpret it as only once per “year”? They would not let me lease between April 2015 and March 2016 because i had a tenant between january and march 2015.

    • Rod Kreinbrink

      Hi Sistino. You should talk to an real estate attorney, as this is a question of legality. I have seen associations that come from both sides – Strict, and lenient. One time I left a garbage cans outside of the garage, and the association complained. I serviced a pool one time within that association, and they complained to the owner that I left a clorine jug out next to the back of the home. At another association, at another place, they were very lenient. Owners cut down the palmetto greenspace behind their home to get a better view of the gulf course, and it was ok-as long as no one complained. This is why you need to talk to an attorney before you do anything. It will haunt you. So talk to an attorney first.

  • mark

    Hi. We rent in a Florida park that allows pets, provided we meet requirements for size and breed and have paid the deposit.
    We transferred to another unit in the same park. Can the lanlord charge a second deposit on the same pet? Provided we meet all rules, can he keep the original deposit?

    Thank you. Mark

    • Dan Hunter

      Hi Mark, I’m not an atty thus this is not legal advice. As a layman I would think that the pet deposit should have been returned to you upon termination of the lease on the original space. Then upon commencement of new lease, you would pay pet deposit again, unless that would somehow conflict with the original agreement. Don’t forget to be nice about it. Good luck !!!

      • Romeo Cayangyang

        Mark, it may be necessary that a new pet deposit maybe required since it is a different unit. The Landlord may not even think about it, and just let you move in to the new unit without even mentioning the pet deposit and just carried it forward. I am not a lawyer.

    • Rod Kreinbrink

      Hello Mark. You did not tell us if it was the same owner of the two units, in the same park. Or, a different owner within the same park. Also, you mentioned that there was a “transference.” That implies that you are dealing with a property manager, rather than individual owners. Is that the case? If it is the case, it would be reasonable to infer that the property manager would simply move the monies that you have paid into a pet deposit onto the other owners account. Given that they are both the same in charges. Maybe there is a different charge amount for the other unit. Another wrinkle to consider. Let us know. Rodk.

  • annette falco

    renting apt. in fl. for 4 months starting jan.2016already pain in fullwhat is my recourse if when we move in there are problems with the unit such as air cond. not working or if place is a mess and filthy

    • Lucas Hall

      Talk to your landlord about the issues. Document them with pictures in an inspection sheet. If they are issues that affect habitability, you can notify the county Housing Dept or code enforcement office and maybe break your lease. Lastly, you could tak to a lawyer (which I’m not) Good luck.

      • annette falco

        im suppose to move in jan. 2016 can i break my lease before i move in

      • annette falco

        im suppose to move in jan. 2016 can i break my lease before i move in i dont want to move in

        • Rod Kreinbrink

          Hello Annette. While I am not a lawyer, nor can give legal advice, I only know of 2 possible ways that someone could break a lease agreement. The first one is that you are in military service and have been re-assigned to another base…or to that effect. That instance requires documentation and legitimate proof of a relocation. The other out is that if you do not have a valid contract. How many witnesses were there on paper when you signed the contract? These are the questions you need to ask a real estate attorney. For the military issue that is in the florida landlord tenant law , and written up close to the end of the chapter. good luck.

  • bambi

    I really dislike these applications fee n I feel like they r invading my personal rights n I dont know y my credit score or my background would have to do with my rental skills n I kinda wont to report all of the rental companies n etc of this n I know it doesn’t cost 50 or even 100$fpr them to find anything about me n I was wondering if anyone else feels like this n who do I go above and beyond to get these people to stop scam poor people who are looking for a home n dont have money to throw away. Thanks

    • Lucas Hall

      Hi Bambi,

      Application fees can sometimes be difficult to pay. But on the flip side, the landlord might wonder “if this applicant can’t even pay a small application fee, how are they going to afford rent?”

      Can you blame them?

      • bambi

        Lol I’m self employed n I’m a mother of 3 n ive almost 30 n just this year has people stared to real over charge people I know it does not cost 50 to 100 $ to find information on anyone n they r over charging people just to turn them down . Its a sick money game n these so called rental companies n landlords should be ashamed of themselfs n ive be reporting all of them I see fpr pver charging n scams . I live by a police officer for many many years n I know that they use a program tocheck these people information n its no where near 100 $a month or even 50 so somewhere people r thinking is ok to over charge people to scam tjem out pf there hard earn cash sick so sick n someone need to speak up cuz its not right

        • Dan Hunter

          Hi Bambi, I suspect you have never operated a business. Checking out a rental application includes paying for credit report, paying a girl to get the credit report, paying dues to credit bureau, paying membership fee, paying half of your office girls social security, paying liability insurance for the premises where your office is located, paying utility bills for same, Christmas bonuses for office help, paying rent on office space, paying phone bill and paying office girl while she on paid pregnancy leave. This is why a credit check is so highly priced. Good luck to you.

    • Rod Kreinbrink

      Hi Bambi. I do not blame you about the rental application information. It is intrusive, very personal, and I see it from the landlord side of the contract. We in the past had family friends who we have rented to, and they have trashed the home. Later, after they left, it was up to me to clean up after them and fix and repaint the walls, clean the carpets, pay the late water bills, pay the electric bill, and fix the broken closet doors. These were family friends, in trouble, and were asking for a favor of cheap rent. Nowdays, we pull credit. (the willingness to pay) We demand income 2x of that of the rent. (ability to pay) No felony convictions. Past rental history/ and forclosures, and no pets. No exceptions. No stories.

      • bambi

        Lol thats what the deposit is for am I right n I’ve rented a room a few times n ive have a few crazy one to go along with their destruction but either way I never need to go in to their personal life to rent anything not even my equipment that I’ve rented out . A deposit is for the clean up after the renter has left I should know I’ve cleaned many many homes . I clean house for a living n had to deal with there stupidly n most rental places charge afirst month n a deposit fee n the light bill follows the tenant u should never have paid for that lol sounds like someone pulling ur leg. n what does a felony has to do with the renter living in any house ? I know so many awesome convict who has way better jods n r way clear then me .

        • Rod Kreinbrink

          Hi Bambi. If the renter has a prior felony, and then they rent from you and strong arm the neighbor to pay the rent, the landlord is liable to the neighbor. The reasoning is that the landlord let a dangerous individual into the neighborhood. The landlord knew, or should have known the inclination of the renter to do more crimes. I do not make the rules, it is just how the law works. We have found that demanding credit checks, and verifying incomes, and mandating no pets, with a minimum credit score leads to a more responsible renter. If you do not agree with that, then I am sure there are some landlords who would rent to you without all that information. Good Luck to you though, Best regards. Rodk.

  • bambi

    What is a deposit when renting an apartment or home?

    A security  is a fixed amount of money you pay your landlord, or management company, to cover any damage you might cause to the property. The landlord can’t spend that money while you live in the .

  • naznin

    I have a home in west palm beach which I would like to rent out to an elderly who is in wheel chair and her care giver….is this allowed in Florida….someone said it is not
    please let me know
    thanks

    • Lucas Hall

      Hi

      Are you asking if there is a law prohibiting you from renting to handicapped people? In fact, it’s the other way around.

    • Dan Hunter

      Hi Naznin, Be careful with this situation. You need to check out the laws very carefully that protect the handicapped. You might be required to enlarge the doorways to 36″ in order to allow wheelchair access to every room. You might be required to install an entrance ramp to exterior doors and maybe even an elevator if it’s a two story unit. If there is a severe mental handicap, you could be required to change the zoning or get a permit to rent to him/her. If you reject the application you need to be able to prove the credit is not up to par or you will be guilty of discrimination. Remember, you are guilty until you prove yourself innocent!!!!! Attorney fees can be astronomical . Good luck with this one.

  • Jason Parker

    I have been renting a apartment since June of 2015 and have a one year lease. Since that time my landlord sold the property and I am anticipating a raise in my rent is there a certain amount that he by law has to increase to or is he allowed to change the price as he sees fit.

    • rodk

      It is my understanding that the new owner has to honor the existing lease. The new owner can raise the rent to any money’s they deem fit. I know of no statute that limits the amount of money a landlord can charge for rent. If the new landlord continues to rent to you after the contract is up, and I mean IF. What you can do is search around for comparables around the area and try to negotiate a rental price. That strategy might work. Other than that, I would ask the new landlord their intention after the lease is up. Do they intend to continue to rent the place, or do you need to start looking for a new rental home.

      best regards. Please know that I am not a lawyer in this, or any regard.

      rodk.

      • Dan Hunter

        Re: Jason’s question. Good comment Rod. However I would be reluctant to believe that a buyer would be bound by old leases unless the leases were recorded with the county, for all the world to see. For example if a lease stated that a tenant had a life time lease for one dollar per month, this would be very unfair to a buyer unless buyer was forewarned by the recording of the document. Just a passing thought. I’m not a lawyer. Dan.

        • Rod Kreinbrink

          Hi Dan. Although I am not a attorney either, a contract is still a contract and to be valid it does not have to be recorded. Someone negotiated with some owner to give up property rights for a certain length of time, for a certain amount of money. So if that owner then turns around and sells the property, it does not diminish the agreement previously made to someone else. The owner has the responsibility to the new owner to disclose that contract arrangement. I believe two witnesses are required for a real estate contract in Florida. I have heard of new owners buying out a contract with the existing renter, or having the close done after the existing rental agreement expires. But then I could be wrong. Not the first time.

  • Joseph

    I signed a apartment lease in a condominium complex pending board approval. The owner has allowed us to move in as a so called 30 day guest pending approval. She required us to pay one month rent but I haven’t paid her the security deposit since the lease has an effective date of January 18th pending approval. Can I just walk away at this point? Thanks

  • Rod Kreinbrink

    You have to see a real estate attorney on this question. It seems to me that in your application you signed 1/2 of the pending contract. True. or False? The contract is pending board approval? Did the owner approve first? Did they sign the contract on their part? Has the board already approved the application? You need to see an attorney right away to protect your rights before you are held by the pending contract that you may have already signed.

    best regards.

    rodk.

  • Dan Hunter

    Hi Rod, WOW !!! I’ll bet I require a copy of all leases before closing a deal, in the future !!! I wish we had an attorney that subscribed to Landlordology, that could clarify these issues. Our loose knit group could supply a lot of clients to a sharp atty.

    • Rod Kreinbrink

      Hi Dan. As I read my response the last time, It occurred to me that the scenario is even further complicated. Did the contract have a clause that says….”subject to board approval.” That is an escape clause for both sides. As well as, did the prospective renter know and is aware of association guidelines? Examples may be: No work trucks, no exotic pets, additional noise restrictions, association dues, etc……the list can go on and on. Ok, the burgers are almost done on the stove. Its time for the barbeque sauces. Later guys.

      rodk.

  • AJ

    When the tenancy is from year to year, how much notice am I supposed to give (60 days or 30 days) to my tenant to vacate my house? The lease is expiring on 2/25/2016.

    • Lucas Hall

      Hi AJ, it’s in the article above along with the link to the statue. Check under the “notices” section

    • Rod Kreinbrink

      Chapter 83 Section 83.03 Termination of tenancy at will; length of notice.—A tenancy at will may be terminated by either party giving notice as follows:
      (1) Where the tenancy is from year to year, by giving not less than 3 months’ notice prior to the end of any annual period;

      Which reminds me, I am going to give notice to the tenants who are ending their lease this end of March, that we intent to continue to rent to them.

      Best regards.

      Rodk.

  • Helene

    My husband and I (50/50) own 12 condos that we rent. I just found out that my husband has been having an affair with one of our tenants. I have since asked him to leave my house and I think it only fair that the tenant should also vacate the condo. Her lease is not up until May but I was wondering if there is any way to break the lease and ask her to move out. I realize that my husband is just as guilty but she knew he was married and had children while continuing to persue him. During the affair she continued to pay rent, although she did seem to have a number of issues with her unit which required my husband to spend quite a bit of time at her place

  • Dan Hunter

    Hi Helene, Have a meeting with her and ask her to leave. She might say yes or maybe no (to vacating). But you can take great pleasure in the fact that “Character is Destiny”. Their futures whether they are together or apart, will be a self inflicted nightmare. Good luck !!!

  • Abby

    Hello,
    I have requested by certified mail that management of the property do a walk through with me when exiting. A month later I received a letter stating that it is against their company policy. I had upgraded to a bigger unit last year and I left the u previous unit in perfect and move in ready conditions, but they kept my deposit stating they had to replace the carpet. We know for a fact that there were no damages to the rug as we had the apartment professionally cleaned by professionals. Mind you we were in that previous apartment for 3 years. Is there anything we can do to make them do a walk through with us when exiting so we are not wrongfully accused of damages that we know aren’t warranted and they try to keep our deposit again.

    • Rod Kreinbrink

      Hi Abby. A rug that has a 10 year tread warrantee should last for 10 years. That is, if the renter took their shoes off and took care of the carpet. Carpets that have been taken care of can last 20 years or more. How old was your carpet in the last rental? Was it new, or was it existing and had years of wear? Did you take pictures of the rental, to include the carpet when you moved in? What I am saying is that there may not have been a valid reason for taking the entire deposit. So when doing an exit walk through, you want to take pictures of every room, every nook and cranny. Also, does the contract allow for a carpet cleaning from your deposit? Whether or not you had a the carpet cleaned beforehand is not material.

  • Rich

    I have an elderly aunt that moved to clearwater,rented a furnished condo,the one year term is almost up and the owner notified her the rent will be going up 200.00 a month! Was wondering if there was a limit as to an increase each year?

    • Rod Kreinbrink

      He Rich. Being not a lawyer, nor should this be taken as legal advice, I can not find any statute that limits an amount a landlord can charge for a rental unit. Although, the rent should be consistent that of the community. You can do a rental comparison of the existing neighborhood and try to negotiate a cheaper rental charge-given a good rental history, with no complaints or late rent issues. This may work. Sometimes the risk of losing a responsible renter is higher than accepting a bit lower rent. Good Luck.

      rodk.

  • Roseanna Quinones

    I just signed my 4th lease in the same condo. Today I received a letter from the property manager asking for more money for my existing security deposit and last month’s rent so they equal my rent. This has never happened before and my rent has increased every time I renewed my lease. Can they do this?

    • Dan Hunter

      Hi Roseanna, If your current lease has expired you have no business relationship with them, thus there is not contractual obligation for them to fulfil. If they want to press the issue, they could tell you to take your business elsewhere. Or if you have been a good customer over the years, they might ignore the situation if you ignore their demands. I’m not an attorney.

  • Jennifer

    Does a tenant have the right to request a recent copy verifying the security deposit is “still” in a separate Florida bank account?

    • Rod Kreinbrink.

      Jennifer, I do not know. Although this is a good question, it is also possible that the monies may have been “moved.” You would think that the landlord would have to re disclose where the deposit money is now. You can go to the Florida Statutes online and lookup that issue by going to: Myflorida.com then select legislative section, then on the right hand side of the screen click on ” view forida statutes online.” The chapter is 83. I believe at the top of the statute has a quick link section that you can go to.

      Best Regards.

      rodk.

  • Jackie

    I have a situation where a tenant was extended one month for their lease and move out is 1/31/16. They were supposed to pay rent and they were late (still have not paid). Now, they say can you just keep my deposit and bill me for the remainder. Obviously we will not be handling it that way… My issue is that we recently found out the tenant had a dog in the unit and never paid a pet deposit. What would our rights be for this? Can we include the pet deposit in the list of “damages” owed upon move out? Or should I be on a legal site for this question.

    • Rod Kreinbrink

      Hi Jackie. Just so you know that I am not a lawyer, but just another landlord similar to yourself. I do not know if you can call a lack of a pet deposit “damages.” Since a deposit is not your money, but is money that is held in escrow for any potential damages that might occur to the residence, and related solely to pet damage. Having not received a damage deposit sounds more like a contract violation. (given no pets.) To attribute damage deposits to late rent, the tenant would have to agree to that in the contract, given no damage to the residence. Remember your 30 days window section 83.49 of the Florida statutes. If the landlord fails to give the required notice within the 30-day period, they forfeit the deposit rights

  • julian g

    Hello, my fiancé and I are tenants in a single story, 1/1 apartment in Miami, FL. Could my landlord raise our rent due to us having a baby? Is this normal? We already pay high rent for the not-so-good area we live in. Not on section8, I work hard to get us by. Is there a way to avoid this rent increase? I feel like moving away sometimes.

    • Dan Hunter

      Hi Julian, I’m not an attorney. You need to read your lease. If it’s month to month, landlord can raise your rent by giving you a 30 day notice. If it’s year to year, landlord has to wait until lease expires to make any changes such as increasing the rent or regulating number of occupants, etc.. However, you need to bear in mind that if you interpret landlord’s motives such as, “he is raising rent because you are having a baby”, this will not be relevant in court. The terms of a written lease are all that matters. Don’t forget to be nice. Good luck to you both.

  • Keimarie

    I have a very good question today I encountered a landlord that advised me if there was a certain person visiting my home more then 4 times a month I would as well have to add them on to the lease, I feel it is unfair because who are they to control who visits your home. My current boyfriend and I have been dating for 6 months he has his place I have mine but for dating 4 times a month seems awkward to even say he would only come that many times I just want to know if it is legal because I find it like its a break of tenant privacy. Just because he visits more then 4 times are you suppose to add them into your lease? Just wondering.

    • Rod Kreinbrink

      Hi Keimarie. Just to let you know that we do not give legal advice here on this site. We just kick the can around a bit. Soooooo, in reading your question, I wondered the length of the stay of the “visit”. You say he comes over about 4 times a month, so when does he leave? It seems to me that no landlord can restrict any visitors coming to a home, but it also seems that there is more here than meets the eye. A landlord can put a maximum occupancy upon a rental, as a condition of renting, but that would have to be in the contract. What does the contract say? Florida recognizes up to 2 people per bedroom for occupancy purposes. So you seem to have cleared that particular hurdle. So write us back. Rodk.

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