Wednesday, September 03, 2008

FLORIDA'S LANDLORD/TENANT LAW

Questions concerning landlord/tenant rights are one of the top inquiries I receive. Most people living in leased apartments and other rental housing know there are laws dealing with landlord/tenant relationships, but they often don't find out the details until there is a problem.

The following landlord/tenant information is provided to answer many of the questions frequently asked regarding landlord/tenant rental relationships, according to Florida's Landlord/Tenant Law (Chapter 83, Part II).


BEFORE YOU RENT*

When searching for a rental dwelling, be careful when leaving a deposit to hold an apartment for a short period of time in order to shop around for other possible dwellings. If the property manager says the deposit will be returned whether you decide to rent the apartment or not, always get that verbal promise in writing.*

  • Make sure you have reviewed your rights and obligations as a tenant and the rights and obligations of the landlord, according to Florida's Landlord/Tenant Law (Statute 83, Part II). Just google it.
  • Although Florida law does not require a written lease, you should request a written lease that clearly states all the terms. Oral leases are subject to misunderstandings and are more difficult to enforce.*
  • If there is no written lease, the span of your rental payment (weekly, monthly, etc.) determines the length of the agreement.*
  • Before signing a rental agreement make sure you understand the terms of the contract. If you don't understand, don't sign the lease! There is NO required grace period for canceling leases, so if you sign, you are bound to the agreement.*
  • Before signing a rental agreement always conduct a preliminary walk-through in the actual premises you intend to rent in order to identify any problems that should be fixed before you rent. Verbal promises made by the landlord to fix the identified problems should be included or attached as a written agreement to the lease and signed by the landlord.*
  • A damage deposit (security deposit) is one of the most common requirements of landlords. At the time of your pre-rental walk-through with the landlord, you should make note of damaged items or areas, worn rugs, broken fixtures, etc., and give a copy to the landlord. Keep a copy for your files. This may eliminate or minimize disputes later. If you can't do the walk-through before signing the lease, complete one immediately after signing the lease.
  • Know the difference between a Security Deposit and an Administrative Fee or Processing Fee. Florida Statute Chapter 83 provides for the return of security deposits whereas administrave fees and processing fees are not the same as deposits and are generally not refundable.

THE LANDLORD'S RESPONSIBILITIES*

Florida Statutes, Section 83.51, require a landlord to comply with the requirements of applicable building, housing and health codes. This means:

  • 1. The roof must not leak.
  • 2. The walls must be weather-tight and in good repair.
  • 3. The stairs must be safe for normal use and maintained in good repair.
  • 4. Windows and doors must be weather-tight, water-tight, rodent-proof and kept in sound working condition. Outside doors have to have proper locks.
  • 5. Window panes cannot have cracks and holes. Outside windows must have screens.
  • 6. Inside floors, walls, ceilings must be basically rodent-proof and kept in sound condition and good repair and should be safe.
  • 7. The house or apartment must have hot water that is connected to the kitchen and bathroom sinks, tub or shower.
  • 8. All houses or apartments must have a flushin toilet in good working condition.
  • 9. When cooking and heating equipment are provided by the landlord, they must be safely installed and in good working order.
  • 10. There must be adequate garbage disposal facilities or garbage storage containers.
  • 11. Every habitable room must have at least two separate floor or wall electric outlets and, additionally, every kitchen, bedroom, bathroom and hallway must have a ceiling or wall-type fixture, or an outlet controlled by a wall switch near the entrance to the room.
  • 12. All electrical systems must be in good repair and good working order.

IF THE LANDLORD DOES NOT COMPLY* If your landlord has failed to comply with the previous listed code responsibilities and has ignored your request to undo their unlawful action, contact the appropriate City housing office. * If your landlord fails to do what the law or lease requires, you may be able to withhold a portion of your monthly rent until the property is brought into compliance. You must give written notice to the landlord of your intention to withhold rent and give the landlord time to make repairs in accordance with the procedures as set forth in Florida Statute Chapter 83, Sec. 83.56 (1)(a) or (1)(b). You must allow at least seven days for repairs and your written notice must give detailed information on the items that need to be repaired.

5 comments:

Anonymous said...

I am a retiree and a new resident to Pinellas Park,Fl. I rented an apartment with a lease. For the past 9 months,I have put in close to a $1000.00 of plumbing repairs,new A/C,light fixtures,fans,and paint(in bathroom due to mold).The kitchen range short circuited 2 months ago,I can not afford to purchase a new range for my landlord.My landlord has refused and or ignored all written certified requests on these issues that are clearly stated in the lease. I keep my home exceptionally clean and my Full rent at least 7 days before the due date. City Hall buiding inspector recommends that I hire a lawyer. I can not afford to pay the million dollar lawyers in Florida on my meager pension.

Rich Cornelius said...

Anonymous,

First, I must inform you that I am not a lawyer and FL law forbids me from dispensing legal advice.

Second, Tenants get a bad rap, but there are some landlords who are less than honorable. The Inspector is probably right – a lawyer is the best (and most expensive way to go). You may be able to charge the landlord for your legal fees if you prevail…

As mentioned above, the law allows you, as Tenant, to do the following:

"IF THE LANDLORD DOES NOT COMPLY* If your landlord has failed to comply with the previous listed code responsibilities and has ignored your request to undo their unlawful action, contact the appropriate City housing office. * If your landlord fails to do what the law or lease requires, you may be able to withhold a portion of your monthly rent until the property is brought into compliance. You must give written notice to the landlord of your intention to withhold rent and give the landlord time to make repairs in accordance with the procedures as set forth in Florida Statute Chapter 83, Sec. 83.56 (1)(a) or (1)(b). You must allow at least seven days for repairs and your written notice must give detailed information on the items that need to be repaired."

This is a potentially time-consuming and costly method to resolve your complaint, but it is also worth a try if you feel the Landlord is not living up to your lease agreement.

Before you consider withholding rent, ensure that you have the proper documentation to prove your case in a court of law. A judge will make the determination of who is not living up to the lease.

Should the judge find in the Landlord’s favor, you may be on the hook for legal fees.

However, if the landlord were intelligent, they would respond with a way to fix your apt’s problems. It’s the easiest and least costly approach…not to mention it's just the right thing to do.

Anonymous said...

Mr.Cornelius, thank you kindly for responding to my comment. I do feel with all my evidence,and documentation that I would win fair judgement....in Connecticut. My niece advised me though,I would not win for the mere fact that Florida has no tenent rights organizations or agencies. There is only 1 building inspector in this large city,and I know he has much worse cases than mine.I decided its best just to tolerate these awful living conditions,look for a real estate agent to show me apartments and or condos for rent,that will be available for February 1. In this way I can put down a deposit and take the time necessary to follow your advice on what to watch for in signing a lease,that would definitely have 24 hour maintenence in cases of emergency. Another serious problem in this complex is that most of my dear neighbors are fearful of the landlord. One gentleman has his bathroom not working for several days now,and must go out to 7 Elevan to use the facilities. Another tenent has been using a hotplate for over a year because her range also short circuited. I have purchased a hotplate. Yet in our leases it states that the owner will fix or replace ranges,a/c,and refrigerators. Yes,I did take the proper lawful steps. I worked hard all my life,and many years for the Board of Ed,my credit rating is the highest,my references unblemished,never an arrest.....and yet I must endure this travasty. Note that I will not say anything negative about my apartment or landlord to the next prospective landlord or agent....I am not one to seek problems. I just feel its shameful that there is no Landlord/Tenent government dispute agency to help assist a retired widow with heart conditions. Or any other tenent with these type of issues,that can not afford the legal fees,time off from work etc.

Anonymous said...

i have a really cheap landlord that refuses to fix things in the apartment. i would like to take her to court after i give her a notice, but i did not sign a lease with her we don't have any contract. And i have a baby on the way is it a problem that i did not sign a lease

Rich Cornelius said...

As with my response to Annonymous 11:09, I have to tell you I am NOT a lawyer and Florida State law prohibits me from dispensing legal advice.

With that said, it sounds like you are have what's known as a tenancy-at-will. I do believe you have a contract, just that it's unwritten. My brother had a roommate with no written lease and everything worked out great...but had the capability of going very wrong.

A tenancy at will IMPLIES a lease, which offers protections to both the landlord and yourself. According to Florida Statutes 83.01 & 83.03, if you have a tenancy at will w/ a unwritten lease and paying on a monthly basis, you have to give at least 15 days notice.

I am not sure what you want to take her to court over, though. Landlords have to provide a basic set of necessities to tenants so you would want to check your state's minimum requirements.