Terminate utility service the day you leave, notify the landlord, post office and others of your address change, and leave the premises in a clean condition. If it can be arranged, it is always best to take a last walk-through with the landlord and document any damages. Florida law provides that a military service member may terminate their rental agreement under certain conditions. The state of Florida neither endorses links nor approves of links to external sources. External links are made available for the convenience of the internet user.
The state of Florida takes no responsibility for a link's operation or content. The links that are shown are not an exclusive listing of organizations available within the state. Skip to Main Content. Close alert. Set your location: Set Cancel. My Location: Loading Font Size:. By Topic. Oral and Written Rental Agreements A rental agreement is an agreement to rent property commonly referred to as a lease. Deposit and Rent Requirements A damage deposit is the most common requirement of landlords.
On vacating the premises for termination of the lease: If the landlord does not intend to impose a claim on the security deposit, they must return your deposit within 15 days or, Within 30 days, the landlord must give you written notice of how much of the deposit will be kept and why.
This must be done by certified mail, to the tenant's last known mailing address. If this notice is not sent as required within the day period, the landlord forfeits their right to impose a claim on the deposit.
Responsibilities The responsibilities of the landlord and tenant may vary based on your rental or lease agreement and the type of rental unit. The Landlord The landlord's responsibilities will depend on the type of rental unit.
Single-Family Home or Duplex At all times during the tenancy, the landlord of a single-family home or duplex shall: Comply with the requirements of applicable building, housing and health codes; or Where there are no applicable building, housing or health codes, maintain the plumbing in reasonably good working condition and maintain the roof, windows, screens, floors, steps, porches, exterior walls, foundations and all other structural components in good repair and capable of resisting normal forces and loads.
Apartment At all times during the tenancy, the landlord of a dwelling other than a single-family home or duplex e. The landlord will also make reasonable provisions for: Extermination of rats, mice, ants, wood-destroying organisms and bed bugs, Locks and keys, Clean and safe conditions of common areas, Garbage disposal facilities and outside receptacles, and Functioning facilities for running water, hot water and heat during winter. The Tenant At all times during the tenancy, a tenant shall: Comply with all building, housing and health codes and keep the dwelling clean and sanitary; Remove garbage from the dwelling in a clean and sanitary manner; Keep plumbing fixtures clean and in good repair; Not destroy, deface, damage, impair or remove any part of the premises or property belonging to the landlord, nor permit any person to do so; Conduct themselves and require their guests to conduct themselves in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace; and Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators.
Access to the Premises The tenant shall not unreasonably withhold consent to the landlord to enter the rental unit from time to time to inspect the premises. The landlord may enter the rental unit at any time for the protection or preservation of the premises. The landlord may enter the rental unit on reasonable notice to the tenant and at a reasonable time to make repairs to the premises. The landlord may also enter under any of the following circumstances: With the consent of the tenant; When the tenant unreasonably withholds consent; In case of an emergency; or When the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments.
If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises. Failure to Meet Obligations If the Landlord Does Not Comply A tenant must notify the landlord, in writing, by hand delivery or mail, of noncompliance with Florida law or the requirements of the rental agreement.
If the Tenant Does Not Comply A landlord must notify a tenant in writing of any perceived noncompliance except for the failure to pay rent. Testimony will center on what is in the complaint and your answer. If you need a witness, bring someone who has personal knowledge of the facts. For example, if you are accused of having a pet, bring a neighbor who visits your house often and can testify whether you have a pet or not. Bring your lease, your rent receipts, canceled rent checks, pictures of conditions in the house, etc.
Dress for court. Making a good impression is important, as is showing respect for the court — do not let inappropriate dress affect the outcome of your case. At the hearing. If you have been sued, the landlord will go first and present his case to the Court.
You will have an opportunity to cross-examine their witnesses. Then when they are through presenting their case, you present your case. The other side can also cross-examine you and your witnesses. The Court will then decide. If the Court rules in your favor, there is no eviction; however, sometimes the Court will put conditions on the ruling. Therefore, before you leave, make sure that you understand completely what the ruling is.
If you lose. The Court will tell you in person or by written order how long you have to move. If you do not move by that date, a "Writ of Possession" will be issued and posted on your door by the sheriff advising you that you must leave within a minimum of twenty-four 24 hours; the deadline to vacate will be posted on the notice-often only two nights.
You must not ignore a Writ of Possession. It means exactly what it says, that not only you, but all of your personal property must be off the premises within 24 hours read the deadline date and time on the notice. When you, the tenant, move out, at the end of the lease or on abandonment with proper notice, the landlord has fifteen 15 days to return the security deposit or must send a certified letter within thirty 30 days to you informing you of the landlord's intention to impose a claim on your security deposit.
The following form should be used by the landlord:. It is sent to you as required by Section 83,49 3 f Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit.
Your objection must be sent to landlord's address. If the landlord fails to send this notice in writing within the 30 days, the landlord forfeits his right to claim the security deposit.
If the landlord does follow the proper procedure, you must respond within 15 days in writing if you object to the claim. If you do not object to the claim, the landlord may then keep the amount stated in the notice and must send the rest of the deposit to you within thirty 30 days after the date of the notice. At that point, if you do not get your deposit back, or if the landlord keeps your deposit money more than 30 days after you move out, without sending you the above notice, then you can file a complaint in Small Claims Court against the landlord.
However, if you sue to recover your security deposit the landlord may counter-sue you to recover damages for unpaid rent. Here again, the prevailing party is entitled to costs and attorney's fees. NOTE: If you vacate the premises prior to the end of your lease or if your rental agreement, whether written or oral, does not contain a provision as to the duration of your tenancy, you must give at least 7 days written notice by certified mail or hand delivery to your landlord stating the date you will be out and including an address where you may be reached.
Failure to give this notice relieves the landlord of the 30 day notice requirement, but shall not waive any right that you may have to the security deposit. Florida law requires your landlord to observe strict compliance with statutory eviction procedures in order to protect tenants from improper eviction or removal from their dwellings.
The more you know about your legal rights, the better you will be able to use them. ONE FINAL NOTE: In Hillsborough County although some exceptions apply, it is illegal to refuse someone the opportunity to rent a dwelling unit because of their race, color, national origin, religion, sex, sexual orientation, handicap, or familial status. If you feel that you have been discriminated against for one of these reasons, contact your local human relations of office and call Bay Area Legal Services.
The Legal Information Center is a free program to provide information to people who are representing themselves in Family Law cases in Hillsborough County. Get the information you need to make an informed decision about your case.
The legal clinic will help local nonprofit organizations assess and improve their governance systems and practices. If you live or have a case in Hillsborough, Manatee, Pasco, Pinellas or Sarasota counties, we may be able to help.
How do I apply? Am I eligible? Skip to main content Skip to main menu. The Tenant's Handbook. The Tenant's Handbook attempts to provide you with an overview of your rights and responsibilities as a tenant under Florida Law.
Introduction This information will help you in taking the proper steps to protect these rights, but it is not intended to take the place of legal advice nor is it intended to be a complete summary of the Florida Residential Landlord and Tenant Act which is found in Chapter 83, Part II of the Florida Statutes. The Lease Agreement The lease is your contract with the landlord. The Landlord's Obligations The landlord and his employees by law must follow the local housing, building and health codes; or Where there are no applicable building, housing, or health codes, the landlord must maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and the plumbing in reasonable working condition.
The landlord's obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex. Unless otherwise agreed in writing, in addition to the requirements of subsection 1 , the landlord of a dwelling unit other than a single-family home or duplex shall, at all times, make reasonable provisions for: The extermination of rodents and wood destroying organisms. Locks and keys. The clean and safe condition of common areas. Garbage removal. Functioning facilities for heat during winter, running water, and hot water.
Additionally, the landlord must do everything he has agreed to in the lease. Access to the Premises Once you rent your dwelling unit, your right to possession is much the same as if you owned your home.
Problems with the Landlord If you have problems with your apartment, first ask your landlord to repair the problems. Please govern yourself accordingly. Sincerely, Your Signature. The Tenant's Responsibilities As a tenant, you also have certain responsibilities.
Tenants must also: Keep their part of the premises clean and sanitary. Remove all garbage in a sanitary manner. Keep all plumbing fixtures clean and sanitary. Conduct themselves in a manner that does not disturb neighbors and breach the peace. Not destroy or deface the property. Comply with all housing codes. Nonpayment of Rent If you do not pay the rent you can be evicted. Three-Day Notice If you do not pay your rent on time, the landlord must give you a Three 3 Day Notice for nonpayment of rent if he wants to evict you.
Five-Day Summons If the landlord files the action for eviction, you will be served usually by a Sheriff or process server with a summons and complaint. Illegal Eviction Even if you owe rent to the landlord or have violated your lease agreement, self-help evictions are prohibited in the state of Florida. Know Your Accommodation Rights If you live in a hotel, motel, or rooming house, and it is your only home, the owner cannot lock you out for violating a rule or not paying your rent on time with some exceptions based upon the circumstances.
Termination of Rental Agreement for Cause The landlord can terminate your tenancy for breach of your rental agreement or for violation of the applicable reasonable rules or regulations, other than a failure to pay rent as follows: Material Noncompliance A material noncompliance occurs when the tenant does not live up to some important part of the lease agreement or the requirements imposed by law.
Curable Noncompliance If you, the tenant, do not comply with the lease agreement and this violation is curable, the landlord must give you the following notice: You are hereby notified that cite the noncompliance. Non-curable Noncompliance When you commit a non-curable noncompliance or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by your landlord of a similar violation, you must be given the following notice: You are advised that your lease is terminated effective immediately.
Any drug-related criminal activity on or near such premises. Breaking Your Lease If you are leaving your rented premises before the end of a written lease, be aware that you may be liable to your landlord for unpaid rent due after you have vacated. Termination of the Lease Without Cause Month-to-month or week-to-week tenancies automatically renew unless terminated by the landlord or the tenant. Retaliatory Eviction Your landlord cannot discriminate or retaliate against you by increasing your rent, decreasing your services, or evict you solely because you have complained to a governmental agency about a housing or health code violation, or because you participated in a tenant's union or similar organization.
Landlord in Foreclosure If you receive a summons that the property you live in is going into foreclosure you have specific rights under Florida Law. In order to protect your rights you should notify the court as soon as you receive notice that: You live in the property You rent the property You are a bona fide tenant, paying fair market rent Attach a copy of your lease to your answer If you used to own the home and are now renting the property with an option to repurchase it, you should write this in your answer.
Going to Court If the rental agreement has ended or the landlord terminates the tenancy for any of the reasons allowed under Florida law and you fail to move, the landlord must file a complaint for eviction file a suit against you.
Filing Your Answer When you answer the complaint, first write the case number and the names of the parties on the top of your Answer just as they appear on the summons and complaint. The plaintiff owns the following property: Markie Street, Largo, Florida. Defendant failed to pay rent when due. Your Name. Counterclaim If you have any claims against your landlord that arise out of your tenancy you may also file them with your Answer. The Hearing Be prepared.
Security Deposit When you, the tenant, move out, at the end of the lease or on abandonment with proper notice, the landlord has fifteen 15 days to return the security deposit or must send a certified letter within thirty 30 days to you informing you of the landlord's intention to impose a claim on your security deposit. Conclusion Florida law requires your landlord to observe strict compliance with statutory eviction procedures in order to protect tenants from improper eviction or removal from their dwellings.
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January 26, pm - pm. Typically, available once a month. Legal Information Center. Simply click on the language of your choice to view the Landlord-Tenant Handbook. The information contained in this handbook does not constitute legal advice.
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