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.
Mandatory Disclosures
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.
Retaliation from 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
Mold problem?
It looked like a clean and nice place when you moved in.
But what happened? You noticed some mold on the walls and then it is spread out like in a jungle! Calling your landlord asking for help? And now he's blaming the mold on you! Call Tenant's Clinic instead, to see what we can do. We can help.
Illegal Access
He seemed like a such a nice guy when you met him. Now, you're not so sure. He's never around when you need him, but he's sure creeping around when you don't. Are you worried your landlord accesses your home when he shouldn't? Lock up his access and your home. Tenant's Clinic, we can help! Call us today.
Roomies Gone Bad
Roommates, they can start out wonderfully, and they're great to have when they are nice, until, they're not! Not getting along with your roommate anymore? Contact Tenant's Clinic. We may be able to help!
Pest Control
You thought it was your home, but the pest took over! Does your landlord tell you to get over pest in your home? Is your landlord friendlier with the bugs in your place than to you? Tenant's Clinic may be able to help. Don't let your landlord bug you. Call today.
