YOU HAVE RIGHTS!
The Dempsey Law Firm, P.A., is here to help remedy any confusion you may have dealing with a lease termination, eviction notice, or any other issues encountered with your rental.
Ready to take the next step? Contact us now for a free case evaluation, to schedule a time for you to come to our office, or for us to come to you.
Florida landlord/tenant law, primarily detailed in the Florida Residential Landlord and Tenant Act, establishes the rights and responsibilities of both parties. Key provisions cover lease agreements, security deposits, maintenance obligations, and eviction procedures.
Key Landlord Obligations
Landlords have specific duties to maintain safe and habitable housing.
Provide Habitable Dwelling: Landlords must comply with all applicable building, housing, and health codes. Where no codes exist, they must maintain the structural components (roofs, floors, windows, etc.) and plumbing in good repair.
Access to the Premises: A landlord may only enter the rental unit under specific conditions: with tenant consent, in an emergency, for preservation/protection of the premises, or after providing reasonable notice (generally defined as 24 hours prior to entry) for repairs or inspections.
Prohibited Actions: Landlords cannot use "self-help" eviction tactics. They are prohibited from:
Shutting off utilities or interrupting services (even if the landlord pays for them).
Changing locks or denying a tenant access by any other means.
Removing doors, locks, or the tenant's personal property (unless done after a lawful eviction by the sheriff or upon abandonment/surrender).
Key Tenant Obligations
Tenants must also adhere to specific rules during their tenancy:
Pay Rent on Time: Rent must be paid on the date specified in the lease agreement.
Maintain the Unit: Tenants must keep their dwelling clean and sanitary, remove garbage properly, keep plumbing fixtures clean, and not damage or destroy any part of the premises.
Avoid Disturbances: Tenants and their guests must conduct themselves in a manner that does not unreasonably disturb neighbors or breach the peace.
Allow Lawful Access: Tenants may not unreasonably withhold consent for the landlord to enter the unit for legitimate reasons and proper notice.
Notifying Noncompliance and Withholding Rent
If a landlord fails to meet a material obligation (e.g., failure to make substantial, necessary repairs), the tenant may be able to withhold rent.
The tenant must provide the landlord with written notice (via mail or hand delivery) of the noncompliance. The notice must state the tenant's intention to terminate the agreement or withhold rent if the landlord does not come into compliance within seven days after receiving the notice.
If rent is withheld, the tenant must set the money aside, as they may be required to deposit the full amount into the court registry if the landlord files for eviction.
Eviction Process
A landlord must follow a strict legal process to evict a tenant; they cannot do so without a court order and a writ of possession.
Serve Notice: The landlord must provide the tenant with a formal written notice.
For nonpayment of rent, a three-day notice (excluding weekends and legal holidays) is required to pay rent or vacate the premises.
For curable lease violations, a seven-day notice to correct the issue or vacate is given.
For non-curable or repeated serious violations (e.g., extensive property destruction), an unconditional seven-day notice to vacate is used.
File a Complaint: If the tenant does not comply with the notice, the landlord can file an eviction lawsuit (Complaint for Eviction) in the county court.
Tenant Response: The tenant is served with a summons and has five business days to file a written answer with the court.
Court Ruling & Writ of Possession: If the landlord prevails, the court issues a "Writ of Possession," which the sheriff posts on the door, giving the tenant a final 24 hours to leave the premises.