Florida Landlord Tenant Laws You Should Know

Florida Landlord Tenant Laws You Should Know

April 23, 2021

If you own more than one property, you might consider renting one or more out for passive income. Becoming a landlord involves more than simply sitting back and waiting for the cash to flow in, however. Not only do you need to maintain the property and listen to your tenants’ concerns, but you should also be familiar with landlord tenant laws in Miami, FL 33173. It’s always a smart idea to work with an experienced real estate attorney to make sure you’re compliant.

Here are some of the landlord tenant laws you need to be aware of before you start renting your property:

  • Fair Housing Act: Get familiar with the Fair Housing Act—if you’re found in violation, there can be serious consequences. Landlords are prohibited from discriminating against tenants due to medical history or disability, age, marital or familial status, race, ancestry, national origin, sexual orientation, religion or color. That includes refusing to rent to them or providing them with different facilities, among other conditions.
  • Paying and withholding rent: Your tenants are required to pay rent on time, but did you know that they can withhold rent if you refuse to fix conditions like mold, infestations and more? They’re required to give a seven-day notice so you have an opportunity to fix the problem.
  • Rent control and rent increases: Florida doesn’t have a rent control law, which means you can raise the rent as you see fit. However, you should make sure you’re in compliance with rent increase laws—and keep in mind that certain cities do have rent control provisions in place.
  • Unwritten and written leases: Did you know that you can establish a lease, even if you didn’t write it down? It’s important that you understand how a lease is created—including unwritten leases—so you don’t trap yourself in an unfortunate situation.
  • Tenant privacy: Tenants must give permission before a landlord enters their home, unless it’s an emergency. Check your local laws, but prepare to give at least 12 hours’ notice before entering a tenant’s home.
  • How to break a lease agreement: If your tenant breaks their lease agreement early, your lease agreement may include an early termination fee—so long as it’s not more than twice their monthly rent. If they refuse the fee in their lease agreement, you’re allowed to refuse to rent to them.
  • How to evict a tenant: Evicting a tenant is a legal procedure, and it’s important that you follow all the rules. Landlords are allowed to evict tenants when they fail to meet the terms of the lease, but you need to ensure you give proper notice and time for them to file a response.

These are just a few of the laws you’ll need to know about and understand when you become a landlord. For help ensuring you’re compliant and staying above the law, work with a real estate attorney in Miami, FL 33173. Get in touch with the office of Ruben J. Padron, PA today to get started.

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