What types of rental periods are provided for by the laws governing residential tenancies in Florida?

There are two different kinds of tenancies, tenancies of specific and nonspecific duration. A tenancy of nonspecific duration may be either written or oral.

Is it necessary to have a written lease?

An agreement for 1 year or longer must be in writing, but a lease or rental agreement for a period of less than 1 year can be either written or oral.

What about a signed move-in move-out inspection report?

A written signed inspection report is not required, however, it is recommended to protect both parties’ interests and help to avoid disputes. At move-in the tenant should make a list of everything that is broken, stained, defective or damaged, sign the list and ask the landlord to sign it as well. If the landlord does not cooperate, the tenant should take pictures and get an impartial witness to view the premises as well. Both tenant and landlord should have a copy of the list. On move-out, both parties should inspect the premises and fill in another copy of the list, and negotiate (if possible) or make note of any disputed items.

Can the landlord charge a deposit?

Yes, the landlord can charge a security deposit, which must be kept in an interest-bearing account. Interest earned on the security deposit belongs to the tenant. The landlord must pay the tenant either 5% interest, or 75% of the account’s interest rate, at the landlord’s option.

Within 15 days of the tenant vacating the premises, if the landlord is not making a claim on the deposit funds, he/she must return the security deposit together with interest. If the landlord is making a claim against the deposit, he/she has 30 days to give the tenant written notice of his/her intention to impose a claim on the deposit and the reason for imposing the claim. The tenant has 15 days to object. If the tenant does not make an objection, the landlord has 30 more days following the first notice to return the balance of the deposit. These notice requirements may be skirted by a landlord if a tenant moves out before the end of the lease, or if there is no written lease.

When is the landlord allowed to increase the rent?

If there is a written lease, and unless the lease states otherwise, the landlord cannot raise the rent during a lease for a specific duration. Under an oral lease, the landlord may raise the rent unless both parties specifically agreed otherwise. The landlord must give the same notice for a rent increase as for a termination (see below) in order to give the tenant an opportunity to move out.

What about late payment charges?

Yes, the landlord may charge for late rent payments, however, the law does not set out a specific amount. A penalty for late rent may not be larger than the landlord’s reasonable expected damages.

How can a lease be terminated?

A lease for a tenancy of specific duration typically ends automatically at the end of the lease period, and neither party is required to notify the other. The lease may also include provisions for early termination.

Either party can terminate a tenancy of nonspecific duration by giving written notice to the other party as follows:

* If the tenancy is year-to-year, not less than 60 days’ notice prior to the end of any annual period. * If the tenancy is quarter-to-quarter, not less than 30 days’ notice prior to the end of any quarterly period. * If the tenancy is month-to-month, not less than 15 days’ notice prior to the end of any monthly period. * If the tenancy is week-to-week, not less than 7 days’ notice prior to the end of any weekly period.

Either party must provide notice at least this far in advance of the next rent payment date in order to terminate the lease. Notices should be served by personal delivery or certified mail.

If housing is provided as a benefit of employment and the tenant does not pay rent, the rental period is the same as the tenant’s pay period. If the tenant gets fired or quits part-way through the pay period, the tenant will owe the landlord the pro-rated rent for the rest of the pay period.

Can a tenant or sublet the premises?

Unless the written lease prohibits it, a tenant can assign the lease to another tenant, either by a sublease or a novation. A novation replaces the original lease with a new one between the landlord and a new tenant, eliminating all of the original tenant’s obligations. A sublease is a contract between the original tenant and the new tenant for the remaining portion of the existing lease. Under a sublease, the landlord can still hold the original tenant responsible for any damage or breach committed by the subtenant.

When is the landlord permitted to enter the premises?

The landlord may enter at any time in the event of an emergency. The landlord must provide reasonable notice (at least 12 hours in advance) in order to enter to make repairs, decorate, or show the premises to prospective tenants or purchasers, which should take place between 7:30 a.m. and 8:00 p.m. The tenant can require that the landlord only enter the premises when the tenant is at home, except in an emergency. The landlord can enter without notice if he/she has reason to believe it is abandoned. A landlord cannot abuse the right of entry in order to harass the tenant.

On what grounds can a landlord evict a tenant?

A landlord can evict for non-payment of rent, violations of the lease or violations of the Landlord-Tenant Act, or abandonment of the premises. A landlord can also evict a holdover tenant (one who remains in the rental property after the lease ends), and collect double the usual amount of rent for the period during which the tenant refuses to surrender possession of the premises.

In the case of non-payment of rent, the landlord must give the tenant a 3-day notice. If the rent is paid within the 3-day limit, the notice is void and the tenant may stay in the premises. If the landlord accepts rent from the tenant even after the 3-day period, he/she gives up the right to evict or terminate the agreement during that rent period.

In the case of a violation of either the lease agreement or the Act, there are two types of breaches: curable (such as unauthorized pets, unauthorized guests, etc) and non-curable (intentional misuse of the landlord’s or other tenants’ property, repeated unreasonable disturbances, etc). If the breach is curable, the landlord must give 7 days notice in which to fix it. if the tenant commits the same breach again within 12 months, the landlord may evict without giving the tenant another chance to cure.

In the case of a non-curable violation, the landlord need only serve the 7-day notice specifying the problem. The tenant is given no opportunity to rectify the situation.

A third legal justification for eviction occurs when the tenant leaves the premises for more than one-half of a rental period without paying rent or giving the landlord written notice of the absence.

Florida law prohibits landlords from evicting tenants without going through the court system. A tenant cannot be evicted without a judge’s order.

The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.