Lease Vs State Law: Who Wins In Florida?

In Florida, tenants and landlords are governed by the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act. This Act outlines the rights and responsibilities of both parties, and it prevails over the terms of a lease agreement. For example, landlords are required to provide a dwelling that is fit for habitation, and tenants have the right to peaceful possession of the dwelling. While leases can be easily changed to add or remove provisions, they cannot contradict the law or require tenants to give up any rights or protections afforded to them under the law. For instance, landlords cannot include provisions that shift the burden of responsibility for maintaining the premises to the tenant. Understanding the basic conditions specified by law is essential before entering into a rental agreement, and local laws should be considered when drafting lease agreements.

Florida rental laws

Florida's rental laws are outlined in the Florida Statutes, Part II, Chapter 83, also known as the Florida Residential Landlord Tenant Act. This act details the rights and responsibilities of both tenants and landlords. While a lease agreement can outline specific terms, it cannot override state law, and any provisions contradicting the law are considered invalid.

Tenant Rights and Protections

Tenants in Florida have the right to private, peaceful possession of their rented dwelling. Landlords can only enter the premises to inspect or make necessary repairs, and only after providing reasonable notice (at least 12 hours) and scheduling a convenient time. Self-help evictions are prohibited in Florida, and landlords must follow statutory eviction procedures. If a landlord terminates a tenancy for any legally valid reason, they must file a complaint for eviction and serve the tenant with a summons, providing five days to respond in writing.

Landlord Rights and Responsibilities

Landlords in Florida are required to provide safe living quarters that meet housing code requirements. They are responsible for making reasonable repairs and maintaining the property in good condition. Landlords have the right to collect rent and inspect the property on reasonable notice or in cases of emergency. At the end of the rental term, tenants must return the property without damage beyond ordinary wear and tear.

Lease Agreement Considerations

Both tenants and landlords should carefully review and understand their lease agreement. While leases can be tailored to local laws, they must not infringe upon the rights and protections afforded to tenants under Florida law. Any illegal provisions, such as excessive late fees or waivers of the landlord's liability, may render the entire lease unenforceable.

It is important to note that tenants and landlords can negotiate lease breaks or changes, but these should be documented in writing and signed by all parties. Additionally, tenants who vacate the premises before the end of their lease must provide at least seven days' written notice to their landlord.

Landlord-tenant laws

In Florida, landlord-tenant laws are designed to protect tenants from improper eviction or removal from their dwellings. For instance, self-help evictions are prohibited, and landlords must follow statutory eviction procedures to recover possession of a rental unit. This includes filing a complaint in County Court and serving a summons, which gives tenants a specified number of days to respond.

When it comes to lease agreements, it is crucial to strike a balance between contractual freedom and compliance with landlord-tenant laws. While leases can be tailored to local laws and amended to add or remove provisions, they cannot contradict the law. For example, a lease cannot require a tenant to give up any legal rights or protections, such as waiving a landlord's liability for property conditions. Similarly, local laws may prohibit certain provisions, such as excessive late fees or shifting the burden of maintaining the premises' habitability to the tenant.

In the event that a lease provision is deemed illegal, some leases contain a "severability" clause, which allows the inappropriate portion to be severed while keeping the rest of the contract in force. However, if an illegal provision forms the basis of the lease contract, the landlord may find it challenging to enforce any of its provisions. Therefore, it is essential to consult local, state, and federal tenancy laws when drafting or reviewing a lease agreement.

While leases provide flexibility and can be adapted to local regulations, they are subject to state laws. State laws take precedence over lease provisions, and certain terms that contradict the law will not be enforced. For instance, if state law mandates a 30-day deadline for returning security deposits, neither the landlord nor the tenant can extend or override this timeframe in the lease agreement. Understanding and adhering to state-specific regulations, such as those in Florida, are crucial when navigating landlord-tenant relationships and lease agreements.

Lease provisions

In the state of Florida, specific laws protect tenants' rights and govern the landlord-tenant relationship. For example, Florida law prohibits self-help evictions, meaning a landlord cannot terminate a tenant's utility services, even if the utilities are in the landlord's name or paid for by them. Additionally, Florida law requires landlords to follow strict statutory eviction procedures to protect tenants from improper eviction or removal from their dwellings.

When drafting a lease agreement in Florida, it is crucial to ensure that the provisions do not contradict state law. For instance, if state law requires a security deposit to be returned within 30 days, a lease provision extending this deadline would be invalid. Similarly, a lease cannot require a tenant to give up any rights or protections afforded to them under Florida law. Provisions regarding the payment of attorneys' fees, forgoing litigation, or waiving a landlord's liability for property conditions may be considered illegal.

To avoid potential issues, landlords should tailor their lease agreements to comply with local laws. Consulting with a local landlord attorney before finalising a lease agreement can help ensure that the provisions are legal and enforceable. Additionally, lease agreements should be flexible and allow for changes or additions as needed. However, it is important to note that any modifications to the lease should also comply with applicable state and local laws.

Security deposits

In Florida, security deposits are governed by statewide landlord-tenant laws. Security deposits are often a source of conflict between landlords and tenants, so it is important to be aware of the relevant laws.

Florida law states that there is no limit to the security deposit amount a landlord can charge. However, most landlords typically charge the equivalent of one and a half or two months' rent. Landlords in Florida can store a tenant's deposit in three ways: by posting a surety bond, storing it in an account that bears interest (the interest accrued should be paid to the tenant annually and at the end of the lease period), or storing it in a non-interest-yielding account.

Landlords in Florida are required to notify tenants in writing within 30 days of receiving their deposit. The notice must include the name and address of the financial institution holding the deposit, whether the deposit is kept separate or co-mingled with other funds, and the interest rate if the deposit is in an interest-bearing account. If the landlord changes the location or terms of the deposit, they must notify the tenant in writing within 30 days.

When a tenant moves out, they must provide the landlord with their new address to receive notices regarding their deposit. The landlord must then notify the tenant within 30 days of their intention to impose a claim against the deposit. If the landlord fails to give this notice within 30 days, they forfeit the right to impose a claim on the deposit. However, they may still file an action for damages after the deposit has been returned. If the tenant does not object to the claim within 15 days of receiving the notice, the landlord may deduct the claim amount and return the remaining deposit.

It is important to note that a walk-through inspection is not required under Florida law. However, landlords typically require tenants to return the property in its initial condition. If the tenant fails to do so, the landlord may withhold the appropriate portion of the deposit to cover excessive damages, unpaid utilities, cleaning costs, or property damage.

Eviction procedures

In Florida, a landlord can evict a tenant for various reasons, but only by following specific termination procedures and then obtaining an eviction order from a court. A law enforcement officer, such as a sheriff, is the only one who can physically remove a tenant from a rental property.

Firstly, the landlord must terminate the tenancy by giving the tenant a written notice, as required by state law. This notice may be mailed, posted on the door of the rental property, or hand-delivered to the tenant. If the tenant no longer lives at the rental, the landlord can leave a copy of the notice at the rental. It is a good idea for the landlord to also send the notice to the tenant's current address if they know it. Landlords should always keep a copy of the notice and notes on when and how it was delivered.

If the tenant doesn't comply with the written notice, the landlord can file an eviction lawsuit (also called an "action for possession"). A termination "for cause" means the landlord has a reason to end the tenancy early, and this can be for reasons such as not paying rent, violating the lease, or committing an illegal act. The tenant then has 5 days, excluding weekends and legal holidays, to file an answer in writing with the court.

If the tenant doesn't meet the deadline, the landlord can proceed with filing an eviction lawsuit. There is also a seven-day unconditional quit notice that can be used when a tenant intentionally destroys rental property, creates unreasonable disturbances, or repeats the same lease violation within a 12-month period. This notice informs the tenant that they must move out within seven days, and there is no opportunity to fix the lease violation.

It is important to note that self-help evictions are prohibited in Florida. A landlord may not cause the termination of any utility services, even if the service is in their name or they are making the payments.

Frequently asked questions