A basic starter guide with steps on what/how you can/cant must/mustn't

Security Deposits

• Landlords are required to return a tenant’s deposit within 15 days after the tenant vacates. 
• Any claim on the tenant's security deposit requires the landlord to
  • Give written notice of intent within 30 days after the tenant vacates the premises
  • Send that notice by certified mail to the tenant’s last known address.
  • Use specific language contained in the form we are providing Notice of Intention to Impose Claim on Security Deposit (referenced bySection 83.49, Florida Statutes).
  • Landlord has 5 years to file a claim against the tenant Florida Statutes Title VIII Chapter 95 Section 11
• If a residential tenant damages the property and abandons it The landlord:
  • may claim part of the security deposit for damages within 30 days after the tenant vacates.
  • may take legal action to get a judgment allowing him/her to use the balance to offset rent lost while seeking a new tenant.
  • may hold the tenant liable for amounts the landlord couldn’t recover from re-renting the property. (Sections 83.49 and Section 83.595, Florida Statutes)
• When a rental property is sold
  • all security deposits or advance rents being held are transferred to the new owner
  • any earned interest, and an accurate accounting showing the amounts to be credited to each tenant’s account are transferred to the new owner. (Section 83.49(7), Florida Statutes)

Nonpayment of rent and eviction

• If a tenant fails to pay rent per the lease, the landlord
  • Must give the tenant a three-day notice before the landlord can evict the tenant on this basis. The three-day notice is a requirement of the Florida Residential Landlord and Tenant Act and must contain certain statutory language. 
  • Use specific language contained in the form we are providing Termination for Failure to Pay Rent.
  • If the tenant does not pay rent or vacate within 3 business days after delivery of the notice, the landlord may file for eviction. (Section 83.56(3), Florida Statutes)
• Tenants are not permitted to stop paying rent if the property is in foreclosure.
• Landlord is not legally permitted to cut off the tenant’s electricity or garbage collection service or change the locks if the tenant doesn’t make a timely rent payments
• Penalty is being liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorneys’ fees. (Section 83.67, Florida Statutes) 

When a Judgement for eviction is granted

• a residential landlord gets a "writ of possession" executed/delivered by a sheriff.
• The landlord or the landlord’s agent may then remove any personal property found on the premises to or near the property line and will not be liable to the tenant or any other party for the loss, destruction or damage to the property after it has been removed. (Section 83.62(2), Florida Statutes)

When agents handle deposits and payments (for short or long term)

• Agents and property managers cannot accept pre-drafted checks from a tenant to deposit into an escrow account over time.
• Escrow deposits must ve delivered by agents to their broker within one business day. (Rule 61J2-14.009, Florida Administrative Code)
• When an agent collects funds on behalf of a landlord they must deposit the funds into either
  • the landlord’s account
  • the brokerage’s escrow account.

Lease forms

• The Florida Supreme Court provides lease forms for residential property only (commercial property requires custom leases complicated enough to warrant help from a legal professional).
• Agents are limited to only "filling-in" Residential lease forms and are not permitted to prepare an addendums to the supreme court forms (dictated by the parties as per the Non-Lawyer Disclosure form that accompanies the Florida Supreme Court–approved leases).  

Landlord entering a tenant-occupied property

• Tenants must allow their landlord to enter the dwelling to make repairs or show the unit to prospective buyers, within reason.
• If the tenant refuses, the landlord can notify the tenants in writing that they must allow access within seven days of receiving the notice. If they don’t, the landlord has the right to terminate the lease and move for an eviction. (Section 83.53, Florida Statutes (Landlord and Tenant))
• For repairs, a landlord must notify the tenant at least 12 hours’ notice before entering the dwelling and must ensure that the repairs are conducted between 7:30 a.m. and 8 p.m. (Section 83.53(2), Florida Statutes)

Lease cancellation and termination

• If property is not maintained in a condition required by law or lease, the
• Tenant may terminate the lease after providing written notice of the intent to cancel if the landlord does not maintain the property in a condition required by law or lease and does not remedy the situation within seven days of the notice. (Section 83.56, (1), Florida Statutes)
• If the landlord is taking all reasonable efforts to correct the issue, but the ability to repair is beyond the landlord’s control and the issue renders the unit untenable, then the parties can agree to allow the tenant to vacate for the time it takes to repair and not charge the tenant rent for that period. Or, if the noncompliance renders the unit only partially untenable, reduce the rent in proportion to the loss of the rental value (i.e., one of the property’s two bathrooms isn’t working, but since the tenant can still stay there, reduce the rent in relation to the loss of the one bathroom). 
• There is no automatic right to cancel for executed lease agreements (although Service members may choose to terminate their lease if they meet certain criteria). Either party may still add a cancellation period in the lease before it is signed. (Section 83, Part II, Florida Statutes)

Month-to-month residential leases

• Either party may terminate the tenancy by giving at least 15 days’ notice before the end of the next monthly period. 
• Tenant’s lease does not automatically terminate if the landlord sells the dwelling unless the landlord has included a provision to that effect in the lease that would allow the landlord to terminate the lease in that situation. (Section 83.57(3), Florida Statutes)

If a tenant fails to maintain the property 

• If the condition required by law or violates material provisions of the lease, the landlord can send a seven-day notice of noncompliance. There are two types of notices:
  • A notice that gives an opportunity for the tenant to cure or fix the issue. This type of notice may be used, for example, when a tenant has an unauthorized pet on the property, if the tenant removes the animal within seven days, the tenant is able to stay. 
  • A notice that does not afford the tenant an opportunity to cure or fix the issue and the tenant must leave within seven days. This type of notice may be used, for example, if a tenant had a wild party that resulted in multiple complaints from neighbors, several broken windows and damaged walls. Notice from Landlord to Tenant – Notice of Noncompliance for Matters Other than Failure to Pay Rent.

Lease renewals

• A lease requiring a not renewing tenant to notify the landlord before vacating cannot require notice of more than 60 days before the end of the lease.
• The lease can say that if the tenant does not provide this notice, the tenant is liable for liquidated damages if no notice is provided. (Section 83.575, Florida Statutes)
• There is a new ordinance in Palm Beach County that residential landlords must be aware of. Landlords must give residential tenants at least 60 days’ written notice when terminating a monthly or quarterly residential rental agreement or increasing rent by more than 5%.

Rental payment from out-of-state banks

Accepting residential rental payments in an out-of-state bank with a branch in Florida may violate Florida law and the landlord should seek legal advice. (The law states that advance rent and security deposits must be held in a “Florida banking institution,” but doesn’t specify exactly what that means. Section 83.49(1)(a), Florida Statutes)

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