House Lease Rules in Florida
Homeowners elect to lease or rent their homes or condominiums for a variety of reasons. Some lease because the declining housing market in Florida means that they will not be able to sell their homes at a reasonable price so they are waiting for a rebound in home sales. Some decide to become landlords in an attempt to make a profit, while others pursue home leasing as a full-time occupation. Whatever the reason for leasing, Florida has specific guidelines for both landlords and tenants. In order to successfully lease a home, it is advisable to fully acquaint yourself with these rules.
Before You Lease
Before leasing a home in Florida, the State Division of Consumer Services suggests that landlords preview the premises and make any necessary repairs before renting. Florida Statute Section 83.51 requires the compliance of building, and housing codes by the landlord. Special attention should be given to roofs, windows and the general foundation. The plumbing should also be in working order before a tenant moves in. Taking pictures of the dwelling provides protection to the landlord and the tenant as it documents the condition of the dwelling prior to the tenant moving in. Thomas Lucier, a Florida Landlord blogger, suggests that first-time landlords upgrade their insurance policies to cover rental properties and to notify any applicable homeowner associations of the decision to rent the property. Setting up separate accounts for rental income will make it easier when tax time comes around. Rental expenses that the landlord incurs are deductible on the tax return.
Rental Agreements
Lucier recommends running a credit check on any would-be renters as well as preparing a rental agreement that covers all terms. Under Florida law all notices from a landlord must be in writing to avoid ambiguity. Under Florida Statute Section 83.46 if the rental agreement does not clearly state a rental term, then the rental length will be determined by the period covered by the rental payment. i.e., weekly or monthly. The rental agreement does not have to be a formal contract; a simple letter outlining the agreement between the landlord and the tenant will suffice.
During the Tenancy
Section 83.51of the Florida statutes outlines the responsibilities of a landlord during a tenant's residency. These rules call for the maintenance of common areas, pest exterminations, maintaining the functionality of utilities, such as heat and water, and providing smoke detectors. The landlord is not usually responsible for paying for utilities unless agreed upon in the rental agreement. The tenant is responsible for keeping the residence clean and not defacing or causing harm to the physical structure. Once a landlord rents a residence, they can no longer come and go on the property as they please. Landlords must give notice to the tenant before entering the residence.
Terminating a Lease
If the tenant fails to make consistent rental payments, a landlord can begin eviction proceedings after notifying the tenant in writing. The state of Florida gives the tenant three days in which to bring the payments current before legal action takes place. If the rental agreement does not have a specific rental term, then the state has a sliding scale for eviction action after written notice is given. For monthly rental payments there is 15-day period before eviction proceedings can ensue. For other issues requiring eviction, such as destroying property, disturbing the general peace of the neighborhood or misusing property, the state grants a seven-day time period for the tenant to remedy the situation. The landlord must notify the tenant of his transgressions in writing. If the matter is not resolved in seven days, then eviction proceedings can begin. Tenants who follow the terms of the rental agreement may give notice of their departure as per the rental agreement and be eligible for a full or partial refund of the security deposit. Under Florida law, members of the military may terminate rental agreements under certain conditions without repercussions.
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