Florida Residential Landlord and Tenant Act refer to laws that govern Florida Landlord-Tenant Attorneys. In Florida, rental and lease agreements have the obligation of fair dealing and good faith in the contract’s performance and enforcement. The Court can deny the enforcement of the lease entirely or remove provisions if they discover that they are illegal.
According to Florida Landlord-Tenant law, a Landlord is required to provide certain disclosures to Tenants. These include:
- Location of the deposit and identity of an individual authorized to act on behalf of the Landlord.
- The address of the Landlord or the person permitted to act on their behalf.
- Any non-refundable charges in the rental or lease contract, like a non-refundable pet deposit.
- The right of the Tenant to make a damages record before settling in.
- The Tenant’s right to be present during the last inspection when they move out of the property.
- In shared rental cases, the existence of a shared utility agreement where the shares are based on the occupancy percentage of the rented property.
- Any precise information linked to the maintenance or the installation of devices such as alarms or detectors of smoke.
- The presence of environmental or health hazards, if any. They include molds, bedbugs, lead-based paint, and radon disclosure.
Any provision in a rental or lease contract is void and unenforceable by law if it:
- Intends to exclude or waive the requirements, remedies, or rights as established in the Florida Statutes.
- Wants to eliminate or limit any landlord liability to the tenant or vice versa is subject to the law.
The Florida Landlord-Tenant law offers protection to residents against certain rights of deposits. These rules that comprise procedures for keeping deposits, deductions reasons, and the period in which a tenant should be given back their deposits upon relocating must be strictly adhered to by landlords.
Unluckily, Florida laws do not provide the limit at which a landlord should charge as a deposit. However, in most cases, the security deposit is not charged more than the total amount that a tenant pays in two months. The fact that potential tenants may not prefer landlords charging security deposits that amount to more than two months enhance this factor.
One or two months is sufficient to offer protection to landlords against potential eviction and vacancy costs, and damages without limiting the prospects of tenants’ limits.
The storing of a Tenant’s deposit must be conducted in the following ways:
- Non-Interest Bearing Account. In Florida, a Tenant’s deposit can be placed in a non-interest-bearing bank account by Landlords. They cannot be combined with any other money or used before it is due to the Landlord.
- Interest Bearing Account. In this option, the Landlord must make payment to the Tenants for any interest earned at the end of the lease period and annually. The Landlord should not combine other funds or use the money before it’s due to them.
- Surety Bond. A surety bond can be posted for the amount of the security deposit of 50,000 or for a lesser amount.
Yes. A Landlord must notify the Tenant in writing. It should be in the first 30 days after receiving the deposit. The notice must include:
- The name and address of the institution or bank where the deposit is kept.
- If the deposit is being held separately or combined with other funds for the advantage of the Tenant
- The rate of interest at which the deposit is kept.
- Means of delivery of the notice; by mail or in person.
Our Florida Landlord-Tenant attorneys at The Law Office of Brian P. Kowal, PA are experienced and will help you understand Landlord and Tenant rights. Reach out to us at 954-990-7552 for representation.
