Important Florida Landlord - Tenant Laws
Florida Security Deposit Requirements
Florida landlords are required to hold security deposit in a separate bank account, provide a receipt of security deposit and written disclosure of the financial institution where the deposit is held within 30 days. LeaseRunner provides Florida Security Deposit Disclosure template with all the specific language that is required.
Return of Security Deposit
Landlord has to return the security deposit within 15 days of the tenant move-out along with any interest due. If the landlord will retain any part of the security deposit, the landlord has to notify the tenant 30 days from the tenant vacating the property. LeaseRunner’s Florida Residential Lease contains all specific language needed for the landlord imposing a claim on the security deposit.
Florida lease signature witnessed?
The Two Witness Signature Requirement Applies to Landlords (not tenants) and Leases Longer Than One Year. The witness requirement comes from Fla. Stat. § 689.01. If the lease is more than one year, the landlord’s execution of the lease must be signed in the presence of two subscribing witnesses.
There is no witness requirement for leases that are one year or less.
Landlord’s notice to entry in Florida
A Florida Landlord must provide 12-hour notice to the tenant before entering the rental unit. Landlords can only access their properties between 7:30 a.m. and 8 p.m. under these conditions: tenant’s consent, emergency, if the tenant unreasonably withholds consent, and if the tenant is absent from the premises for at least 15 days.
Florida does not have any stipulation for providing a notice for a move-out inspection.
Lease termination in Florida
If you’re a landlord in Florida and you wish to terminate a lease agreement due to non-payment of rent the required notice period is three days, including weekends and holidays. In addition, the notice you provide to the tenant must contain some specific language regarding the termination. That language is specified in the Florida statutes, Title VI of Civil Practice and Procedure, Chapter 83.56.
Evictions in Florida
If the tenant has not been following the lease terms and the landlord wants to evict, the landlord should deliver a written notice to the tenant specifying the noncompliance and the landlord’s intent to terminate the lease. The tenant has seven days from the delivery date to vacate the premises.
Late rent payments
Landlords in Florida can impose one-time fee or per-day late fee.
Changing the rent amount
Not during the lease terms but after the lease expiration, landlords can change the rent amount in Florida for the new lease term. This change has to be provided in writing at least 30 days prior to the start of the new lease term.
Florida non-sufficient funds fees (NSF)
Florida regulates how much can be charged for a returned check. The service charge is calculated on a sliding scale based on the dollar amount of the check:
- $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% of the face value of the payment instrument, whichever is greater.