Are there rent control/rent stabilization policies or laws in Florida?
The state of Florida has not established rent control or stabilization practices.
May I charge a late rent charge or a returned payment fee?
Reasonable cost should always be kept in mind when initiating any charges. Landlords may assess late fees when specified within the lease. If a payment is returned by a financial institution as unpaid, landlords may impose a fee of $25, if the face value does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40, if the face value exceeds $300, or 5% of the face amount of the check, whichever is greater. Fla. Stat. § 68.065
What is the maximum amount I can collect as a security deposit?
There is no limit on the security deposit charged to the tenant, so long as it is reasonable.
Do I need a separate bank account for the security deposit?
Landlords must place the security deposit into either a post bond, an interest bearing or non interest bearing account, that does not commingle with any personal funds. Additionally, landlords must provide tenants with written notice within 30 days stating where the security deposit is being held. This notice must also include the name, address, how the security deposit is being held, and interest it is bearing, if any.
After my tenant has moved, how long do I have to send their security deposit back?
After lease termination, a landlord has 15 days to return the security deposit with interest OR give the tenant written notice by certified mail to the tenant's last known address of their intention to impose a claim on the deposit, and the reason for imposing the claim. If there is a claim, landlords must return the balance, if any within 30 days of the written notice.
What is a common problem where security deposits are concerned? A fairly common issue regarding the return of a security deposit, is obtaining a forwarding address for the tenant. To circumvent this problem a landlord should insist upon a mailing address that is separate from the rental location, such as a post-office box.
How can I end a Florida lease agreement?
The lease agreement would supply the language to end a fixed term lease; a fixed term lease is when a lease has a beginning date and an end date. The lease agreement may specify whether a notice is needed or whether the lease would simply end at the end of the agreement. For a non-specific term lease or periodic lease, notice depends on how often the rent is paid. If rent is paid weekly, then 7 days would be needed to end the agreement; if rent is paid on a monthly basis, then 15 days notice would be needed. Quarterly requires thirty days notice and yearly requires sixty days notice. The same is true for a verbal agreement.
My tenant has not paid rent; how much notice do I have to give a tenant in order to evict them. If a tenant does not pay rent, a 3 day “Notice to Quit” shall be issued before the landlord may file for formal eviction proceedings.
Are there special requirements for the delivery or service of notices, for example, constable, sheriff or a registered process server, taped to entrance, certified mail, etc.?
Lease termination notices must be hand-delivered, and can be received by any adult person. In the event the tenant cannot be found at the property, the termination notice may be posted on the door.
Are there circumstances where I am required to release a tenant from a lease agreement?
A landlord may be forced to release a tenant from a contractual agreement when the dwelling unit or premise is damaged and/or destroyed by fire or casualty not caused by the tenant, deeming the rental property unlivable or If the tenant is called to active military duty. Additionally, a tenant may seek release from a rental agreement with the court when a landlord does not abide by the state’s landlord obligations.
My tenant wants to pay only part of the rent he owes? I have already started eviction proceedings; should I accept the partial payment?
Accepting payment whether full or partial, waives the landlord’s right to proceed and evict the tenant unless a non-waiver agreement is signed.
How long does the eviction process take? As with any legal matter, exact timing is almost impossible as it depends on many factors. Overall, with no complications, the eviction process usually takes approximately 4-5 weeks.
How do I tell if my tenant has “skipped” out of the apartment?
Often times it’s best to look for the obvious, such as removal of personal goods, whether or not the tenant has come back to the premises at any time during a one week period, and simply no food in the refrigerator. It’s extremely important to document all of the “proof” gathered in order to determine abandonment. When in doubt, if payment of rent has not been made, the landlord may always file for eviction.
Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the Lease.
Do I have to give the tenant notice before I enter the rental property? The landlord shall give the tenant at least 12 hours notice of intent to enter the premises, except in case of emergency or if it's impracticable to do so.
Can I require my tenants to obtain renter's insurance? Landlords may require tenants to obtain rental insurance.
Disclaimer: The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.