Florida Property Management Laws & Landlord-Tenant Laws

Navigating Florida's property management laws is crucial for prospective landlords. These laws dictate tenant treatment, property maintenance, and service provisions. This is particularly significant for those with prior experience in other states, as Florida's expectations differ. This guide provides a comprehensive overview of these laws, aiding landlords in rental procedures, tenant screening, rent collection, property upkeep in line with state law, and potential eviction processes. 

Key Florida landlord, tenant and property management laws include:

• Property management activities in Florida are considered real estate operations, requiring a broker license for those working for commission. 
• Landlords can charge application fees with no state-mandated limitations, but cannot discriminate based on race, gender, age, religion, or familial status.
• There is no statutory limit on security deposits in Florida, but they must be kept in a separate escrow account. 
• Lease terms in Florida are flexible and can be established at the landlord's discretion. 
• Tenants can terminate leases without penalty in certain situations such as active military duty, rental unit violating health or safety codes, and landlord harassment or violation of privacy rights.
• Landlords can increase rent at the lease's conclusion with no state-imposed notice period and can impose late fees immediately following the rent due date.
• Landlords must disclose certain information about the property, such as fire protection availability and potential health risks associated with radon gas. 
• Landlords are legally required to provide a minimum of 12 hours' notice before entering a tenant's property and must maintain habitable properties as per local health and safety codes.
• Florida law mandates landlords to maintain habitable properties, including ensuring electricity, plumbing, heating, and structural soundness.

Florida Property Management Laws

In Florida, property management activities are considered real estate operations. As such, property management companies and individuals working for commission must hold an active broker license. However, self-managing property owners and salaried employees of property management companies are exempt from this requirement.

To obtain a license, individuals and real estate companies must meet certain prerequisites, including having a high school diploma, being at least 18 years old, possessing a Social Security number, completing a 63-hour prelicense sales associate course and a 72-hour prelicense broker course, undergoing electronic fingerprinting, and passing the licensing exam. Applications can be submitted through the My Florida License portal, with no residency requirement in place. 

Florida Rental Application Laws

In Florida, landlords are permitted to charge application fees, with no state-mandated limitations. These fees typically cover background checks and necessary pre-contract screening. Property managers are also allowed to prescreen potential tenants through methods such as credit checks and previous landlord interviews. However, any information obtained cannot be used to discriminate against applicants based on race, gender, age, religion, or familial status, as protected by the Fair Housing Act of 1968 and Florida Statute Chapter 760.08. Application fees should be kept separate from other funds like security deposits. Specific rules may vary at the county or city level. 

Florida Security Deposit Laws

In Florida, landlords have the authority to determine the security deposit amount, and there is no statutory limit (83.49). Additional move-in fees are also permissible, subject to any local regulations. Landlords are mandated to keep security deposits in a separate escrow account, not mixed with other funds such as rent (83.49 (1a-b)). They may also opt for surety bonds (83.49 (1c)). Tenants should receive a receipt detailing the deposit's location and interest rate, if any, within 30 days (83.49(2-3)).

While interest on security deposits isn't mandatory, if collected, tenants are entitled to 75% of the annualized interest rate or 5% of the total interest, unless they violate lease terms (83.49 (1a-b), 83.49 (9)). Post-move out, landlords must return full security deposits within 15 days. If any amount is withheld, landlords must notify tenants via certified mail within 30 days, using language specified in the Florida code (83.49 (3a)). 

Laws About Leases and Lease Termination in Florida

Lease terms in Florida are flexible, with no specific legal requirements. The most common are year-long leases, but landlords can establish terms based on their discretion. If the lease terms are not explicitly stated, the tenancy is interpreted based on the rent collection frequency (83.46 (3)).

If a tenant violates the lease terms, landlords can issue a notice requiring rectification. If the tenant fails to comply, landlords can issue an unconditional quit notice, demanding the tenant to vacate within seven days (83.56 (2)). If rent is not paid, landlords can issue a notice requiring payment within three days or vacating the premises (83.56 (2)). If non-compliance persists, landlords can initiate eviction proceedings.

If a tenant vacates before the lease ends, landlords can continue collecting rent until a new tenant is found. Landlords are not obligated to re-rent the unit (83.595). They can apply the security deposit and continue seeking payments.

Tenants can terminate leases without penalty in certain situations: active military duty under the War and National Defense Servicemembers Civil Relief Act, a rental unit violating Florida health or safety codes (83.60), and landlord harassment or violation of privacy rights (83.53).

However, there are no state-level protections for victims of domestic violence seeking lease termination, although regional rules may apply.

Landlords can evict tenants for non-payment of rent or lease violation (83.56 (2)). After following proper notification procedures, landlords can initiate eviction by notifying tenants with a summons and complaint (83.59 (2)). Tenants can contest the eviction in court within five days.

Landlords cannot force tenants out by changing locks or turning off utilities.

Landlords must give notice before lease termination: 60 days for an annual lease (83.57(1)), 30 days for a quarter-to-quarter lease (83.57(2)), 15 days for a month-to-month lease (83.57(3)), and seven days for a week-to-week lease (83.57(4)). 

Laws about Rent and Late Fees in Florida

In Florida, landlords are authorized to increase rent at the lease's conclusion, with no state-imposed notice period. No maximum rent limit exists at the state level, and there are no rent control laws. Late fees can be imposed immediately following the rent due date, with no statutory restrictions on the amount. Furthermore, landlords can charge a 5% late fee if a tenant's rent check is returned due to insufficient funds. However, local rules may apply in all these scenarios. 

Legally Required Disclosures in Florida

In Florida, landlords are mandated by law to disclose certain information about the property. For buildings taller than three stories, they must inform tenants about fire protection availability. They are also required to include a statement in all leases about the potential health risks associated with radon gas, as specified in Statute 404.056. Although not legally obligated, it's advisable for landlords to disclose information about mold, bed bugs, lead paint, and shared utilities. These requirements may vary depending on local health and fire safety codes. If landlords choose to appoint an agent for serving and receiving disclosures, they must reveal the agent's identity at the lease's outset. 

Laws About Landlord Responsibilities in Florida

Landlords are legally required to provide a minimum of 12 hours' notice before entering a tenant's property, barring emergencies or extended tenant absence. Tenants cannot refuse reasonable landlord entry, such as for necessary repairs during normal hours, but can deny access during unreasonable times, unless in emergencies.

Landlords are obligated to maintain habitable properties as per local health and safety codes or in their absence, uphold the structural integrity of the property, including doors, windows, floors, stairs, and exteriors. They must also ensure pest extermination, provision of locks and keys, clean common areas, garbage receptacles, electricity, heat, running water, hot water, and working smoke detectors. Landlords can charge tenants for utilities and garbage removal but are not required to supply a certificate of inspection.

Retaliatory actions by landlords, such as excessive rent increase, reduction in services, eviction without cause, refusal to make necessary repairs, and harassment, are prohibited by law. 

Florida Property Maintenance and Repair Laws

Florida law mandates landlords to maintain habitable properties, which includes ensuring electricity, plumbing, heating, and structural soundness. Landlords have a 20-day window to perform necessary repairs; failure to do so allows tenants to withhold rent until repairs are completed. Tenants, on the other hand, are responsible for repairs resulting from their own negligence.

If landlords fail to make repairs within the stipulated time, tenants can initiate legal action, withhold rent, or request an official inspection from the local health or building department. Tenants also have the right to conduct repairs themselves after the 20-day period and deduct the cost from their rent.

Landlords are not obligated by state law to provide relocation assistance. However, certain programs, such as the Florida Department of Transportation Relocation Assistance Program and the Department of Housing and Urban Development’s relocation plan, may require relocation in specific circumstances.

Exceptions to these policies exist. For instance, property managers of mobile home parks are not required to make repairs within tenant-owned mobile homes. Additionally, certain statutes may not apply to subsidized housing properties. 

Bottom Line

Florida's property management laws are designed to ensure the rights and responsibilities of both landlords and tenants are upheld. These laws cover a wide range of areas, from lease agreements and rent collection to property maintenance and tenant privacy. Navigating these regulations can be complex, but understanding them is crucial for maintaining a successful landlord-tenant relationship. It's also important to remember that while this guide provides a comprehensive overview of state laws, local regulations may also apply and should be considered in conjunction with state laws.