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  • Writer's picture Martha Mannella

5 rules that the landlord and tenant must know

With nearly 21 million people, Florida is one of the largest states in the country by population. Florida has put together a comprehensive set of landlord-tenant laws to help bring order to the state. Here are five rights every Florida landlord and tenant should know:

1.- The Right to Fair Housing in Florida

Florida tenants, like those in other states, are protected by the Fair Housing Act of 1968. The objective of this act is to end discrimination in any housing-related activity. Landlords in the state should make sure that they treat all tenants equally.

2.- The Right to the Security Deposit in Florida

Florida landlord-tenant law does not place a limit on the amount a landlord requests for a security deposit. Between one and two months rent is generally accepted.

The landlord must hold the deposit for the duration of the contract and you have three options to place it: In an interest-free account, in an interest-free account, or to buy a bonus. Earned interest must be returned to the tenant upon successful completion of the lease. Landlords have 15 days after the tenant leaves the property to return the deposit. If there are deductions to be taken from the deposit, the landlord must return it within 30 days of the tenant leaving the property.

3.-Landlord Entry in Florida

Florida law requires a landlord to notify in most situations before they can enter the property. To make repairs, the landlord must give at least 12 hours in advance and for all other situations, the law simply says that the landlord's notice must be "reasonable".

There are certain situations where the landlord does not have to give advance notice. These include emergencies or when the tenant has left the unit.

The law also sets out the legal reasons why a landlord can enter the property: to do inspections or to show the unit to other prospective tenants. If the landlord violates the terms of the law, then the tenant may seek legal action. If the tenant refuses to allow the legal entry of a landlord into their unit, then the landlord may also seek legal action.

4.-Landlord Retaliation in Florida

The Florida Residential Landlords and Tenants Act contains a section (83.64) regarding the dispute between landlords and tenants. This clause is intended to minimize the conflict between the two parties.

5.-The Right to Rent Disclosure in Florida

Renting an apartment can be stressful, especially for a first-time tenant. Florida tries to make this process easier by requiring landlords to disclose certain things to their tenants about renting. This disclosure is for the benefit of both the landlord and the tenant so that each party knows what is expected of them.

Owners in Florida must include the basic terms of the lease agreement in the contract. This includes amount of rent, when is due and where rent should be paid.

If a landlord in Florida wishes to terminate a tenant's lease early for non-payment, they must first send you written notice. If the tenant does not pay their rent or moves out of the unit, the landlord may terminate the lease.

Florida Landlord Tenants Act

For the original text of the Florida Landlord and Residential Tenant Act, see Florida Statutes 83.40 to 83,682 online

The information contained in this article is not tax or legal advice and is not a substitute for such advice. State and federal laws change frequently. For current tax or legal advice, please consult an accountant or an attorney.

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