To protect your rights you FIRST have to know and UNDERSTAND your rights.
If you are a tenant in the middle of a dispute with your landlord it is beneficial to know what rights you have under the law.
If you have a written lease, it should be carefully reviewed. The Florida Residential Landlord Tenant Act prevails over the contents of the lease. If there is no written lease, these laws regulate the tenant’s rights.
On this page you will find a summary of Florida tenant rights related to common landlord disputes. For a complete list of statutes visit the Florida Residential Landlord Tenant Act.
Right Of Notice For Entry
Generally, Landlords are required to give tenants a minimum of 12 hours notice to enter the rental property. If this notice is not given and the situation is not an emergency, then the tenant may be allowed to refuse entry.
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.
Security Deposit Return
Landlords may charge any amount for their security deposit. However, upon a proper move-out with adequate notice to the landlord, tenants are entitled—depending on the circumstances, to receive a return of the security deposit between 15 to 30 days. If the any portion of the security deposit will be intended to be used to repair a property, then the landlord must notify the tenant of this fact within 30 days of a proper move out.
Restrictions On Overdue Rent
Florida law provides tenants three additional days to pay their rent should it be overdue. 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.
Withholding Rent Payment
If there are repair issues that are affecting the habitability of a rental unit, then there are circumstances where the tenant must withhold rent to protect the Tenant’s rights against the Landlord.
In Florida, it’s illegal for landlords to retaliate against tenants who’ve exercised the following legal rights:
Notified the landlord about the rental unit’s unsafe or illegal living conditions
Notified a government agency about the rental unit’s unsafe or illegal living conditions
Joined or organized a tenant union to express your thoughts collectively
To Schedule a Tenant Rights Strategy Session…