Outline of Tenant Rights in Florida

When there is a potential conflict in the landlord/tenant relationship, it is beneficial to know what rights are available to each party.

Here is an outline of the tenant rights in Florida.

Landlord Disclosures That Are Mandatory.

Tenants must know where their security deposit is being held and whether or not an agent is allowed to represent the landlord.

There are also several other disclosures that involve the safety of the home in regards to fire protection, radon, and carbon monoxide.

There Are Security Deposit Return Limits.

Landlords may charge any amount for their security deposit.

Upon move-out, tenants are entitled to receive the remainder of their deposit within one month.

If the entire deposit must be used to repair a property, then the landlord must notify the tenant of this fact within the 1 month time period.

There Are Restrictions On Overdue Rent.

Tenants are allotted three days to pay their rent should it be over due.

If those three days expire without a payment, then landlords are allowed to begin the eviction process.

After filing the eviction notice, however, the tenant may still be able to cancel the notice with payment.

Some Tenants May Be Able To Withhold Rent.

If there are repair issues that are affecting the habitability of a rental unit, then there are circumstances where the tenant may be able to withhold rent to take care of the repair.

Unconditional Quit Notices Have Few Defenses.

Tenants that destroy property at a rental unit may be evicted through the use of an unconditional quit notice.

This gives a tenant 7 days to move out before an eviction process will be started.

Repeated lease violations may also qualify for this specific notice.

Tenants Have a Right Of Notice For Entry.

Landlords are required to give tenants a minimum of 12 hours' notice should they wish to enter the property.

If this notice is not given and the situation is not an emergency, then the tenant may be allowed to refuse entry.

This outline of tenant rights in Florida covers many of the common questions that landlords and renters typically ask about before signing a lease.

For more specific questions, you may wish to refer to Florida's landlord/tenant laws to determine how to proceed in your specific situation.

Posted on Jul 14, 2015


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