Florida Landlord/Tenant Law

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). You can find this on the division's home page or contact the division at 630-CITY (2489) to request a free copy of the law.* 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 Deposit, Administrative Fee or Processing Fee for they can be non-refundable. THE LANDLORD'S RESPONSIBILITIES* Florida Statutes, Section 83.51, require a landlord to comply with the Jacksonville Property Safety Code. 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 basically 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 flush 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 Property Safety Division within the Neighborhoods Department. They are responsible for the enforcement of the city's Property Code, at 630-CITY (2489). You may request that they contact your landlord regarding possible violations * If your landlord fails to do what the law or lease requires, you may be able to withhold the rent. You must give notice of your intention by certified mail of your intention to withhold rent and give the landlord time to make repairs. You must allow at least seven days for repairs. If the problem is not corrected within seven days and you withhold the rent the landlord may take you to court. You must then pay the rent into the court registry pending the judges determination of the case.Always call the Consumer Affairs Division at 630-CITY (2489) regarding your landlord/tenant rights before withholding rent!RENT WITHHOLDING FROM LANDLORD* You must be very careful to do what the law requires for a proper rent withholding! ALWAYS call the Consumer Affairs Division at 630-CITY (2489) regarding your landlord/tenant rights before withholding your rent.* If your landlord will not fix a condition that is in "material non-compliance" with the Florida Statutes, and that material non-compliance makes your residence unlivable, you may withhold futurerent until compliance is met.
* Under Florida law, you cannot do the repairs yourself and then deduct that cost from your rent.* You can do a rent withholding so that you are protected by the law by taking the following steps:1. Make a written complaint to Jacksonville's Property Safety Division - Code Enforcement Branch. The office is located at: St. James City Hall117 W. Duval St., Ste 280Jacksonville, FL 32202Telephone: 630-CITY (2489)2. Make a list of all the things that are wrong with your rental unit that you believe violate Florida Statute 83.51 and that makes the property unlivable (for example, plumbing not working, roof leaks, etc.). 3. Write the landlord this letter:DateDear (name of landlord):Pursuant to Florida Statutes, Section 83.60, I am notifying you of yourmaterial non-compliance with Florida Statutes, Section 83.51(1), and theJacksonville Property Maintenance Code.Unless the listed repairs are made within 7 days of delivery of this notice,I will not pay rent for the next rental period until such non-compliance is cured.List all things that are wrongSign your name ___________________Print your name and address.4.*It is recommended that this letter be sent certified mail,return receipt requested. This is an extra protection for you in the eventthe landlord denies he ever knew about the material non-compliance. KEEP A COPY OF THE LETTER.5. You must save the rent as it becomes due. Do not spend it, because, if the landlord fixes the house or apartment, you must pay him at least a portionof the rent, and, if he tries to evict you, you must deposit all of the moneyyou have saved with the court until the eviction case is over.THE TENANT'S RESPONSIBILITIES* Florida Statutes, Section 83.52, require a tenant to comply with certain obligations set forth in the statute. This means that the tenant must:1. Keep the house or apartment in a clean and sanitary manner.2. Remove all garbage from the house or apartment in a clean and sanitarymanner (for example, use garbage cans).3. Keep all plumbing fixtures in the house or apartment used by the tenantin a clean and sanitary manner and in good repair.4. Properly use and operate all electrical, plumbing, sanitary, heating,ventilating, air conditioning and other facilities and appliances,including elevators, which are in the apartment or house.5. Not destroy, damage or in any way misuse the property itself. Thisincludes not permitting any tenant's guests to do so either.6. Not remove anything from the house or apartment which does notbelong to the tenant (for example, cannot remove light fixture whichwas in the property when tenant moved in).7. Conduct themselves and require anyone who visits them to act in a way that does not disturb the peace.TENANTS FAILURE TO MEET LEASE OBLIGATIONS* Except for the failure to pay rent, a landlord must notify you, in writing, of non-compliance under the lease and give you seven days to correct the situation. If you still have not complied after seven days, the landlord can begin the eviction process.EVICTION* The eviction notice is the landlord's request or formal demand made to the tenant. It asks the tenant to move out. It is delivered to the tenant only andis not filed in court.* If the tenant does not voluntarily move as requested by the eviction notice, the landlord may file an eviction case in court. The eviction case is the landlord's request or formal demand made to the County Court. It asks the Court to evict the tenant.* The request is made in a Summons and Complaint, which is delivered to thetenant by a process server. * The tenant has five business days to file a written answer to the Summons and Complaint or he/she will be evicted.TENANTS FAILURE TO PAY RENT* The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move. If you do not pay rent or move, the landlord may begin action to evict you.* In order for the landlord to gain payment of the rent or possession of the dwelling, he must file suit in county court, and provide the court with a copy of the three day notice.* You will be served with eviction papers from the court in writing. You then have five days (excluding weekends and legal holidays) to respond, also in writing, to the court. You must also pay the rent money into the registry at the Clerk of Court. Failure to pay owed rent money into the registry at the Clerk of Court will result in an automatic eviction judgment against you. * If you don't respond or a judgment is entered against you, the Clerk of the County Clerk will issue a "writ of possession" to the sheriff who will notify youthat you will be evicted in 24 hours.* You have the right to stay in your apartment until the landlord files an eviction case and a judge decides your case. The landlord must deliver an eviction notice before he can file an eviction case. The landlord cannot put you out unless he wins the eviction case in court.