Landlords

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The Free Property Management portion of my agreement includes but is not limited to the following:

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At List Realty, my goal is to build long-term relationships with both property owners and tenants—relationships based on trust, reliability, and results. Owners eventually sell, and tenants eventually become buyers. I’ve been operating this way since 2003, and it continues to be the foundation of my success.

You can learn more by visiting ListRealty.com. I look forward to earning your trust and your business for years to come. Please complete the form below for a free rental valuation on your property.

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1. Fair Housing Act

According to the Fair Housing Act, Florida landlords cannot ask potential renters questions about medical history, age, any disability, familial status, ancestry, national origin, marital status, sexual orientation, religion, color or race. Tenants cannot be discriminated against due to any of these reasons. Every real estate investor is forbidden from the following:

Refusing to rent a Florida rental property
Setting different privileges, terms, and conditions for renting an income property
Providing different housing facilities or services
Falsely saying an investment property is unavailable for rental, sale or inspection
Making any statement in an advertisement that implies preference based on disability, sex, religion, national origin or presence of children
Intimidating, threatening or coercing anyone exercising their fair housing rights
In case the tenant has a mental or physical disability, you must:

Make reasonable adjustments to practices, policies, and rules if the renter requires them to live in the property
Make necessary modifications to the rental home so the tenant can live comfortably
Related: Becoming a Landlord: 5 Guidelines to Being Fair to Tenants

2. Written and Unwritten Leases

Under Florida landlord tenant laws, yearly, quarterly, monthly or weekly leases can be established in both unwritten and written form. Though an unwritten lease is legal, it is always advisable to work with a written agreement. In case a dispute or problem arises in the future, you will have evidence on paper regarding the terms of the lease.

3. Paying Rent

florida landlord tenant laws paying rent

Florida landlord tenant law requires tenants to pay rent on time according to the terms of the lease. However, the tenant could choose to withhold rent if the landlord fails to fix problems such as mold growth on walls or a broken heating system. In such a case, the tenant is required to give notice seven days before withholding rent. Within this period, the landlord then has a chance to address the problem.

Related: How to Deal With a Tenant Not Paying Rent

4. Condition of the Rental Property

After investing in Florida real estate, landlords are required by Florida landlord tenant laws to maintain livable conditions on all their rental properties. Pest control must be done, air conditioning must work properly, and the properties should adhere to health, building, and safety codes. Landlords are not allowed to switch off utilities in a home even if the renter has not paid the bills. Instead, failing to pay bills can be a reason to pursue eviction.

5. Lead-Based Paint and Radon Gas

Though you are not required to remove lead-based paint, Florida landlord tenant law requires you to inform tenants that it is there before they sign the lease. This is especially important for investment properties that were built before 1978. You need to provide the renter with:

Information about other common spaces or units that have lead-based paint
A document about indentifying and dealing with lead-based paint hazards
When it comes to Radon gas, Florida landlord tenant laws require you to inform tenants via a document of the health hazards to people exposed to it over time.

6. Tenant Privacy

Landlords may enter their tenant’s home occasionally for reasons such as repairs, inspections, improvements, decorating, or showing to contractors or potential buyers. However, you must have the tenant’s permission before doing so. The only time you can enter without consent is if there is an emergency. If you need to make repairs, the tenant should get a notice of at least 12 hours.

If you’re looking for your first or your next rental property in Florida, start your search now to find the most profitable investment properties for sale.

7. Rent Control and Rent Increase Laws

While other major markets (like the California real estate market) are enforcing rent control laws, Florida state law prohibits it. So raising rent is in a landlord’s right. Typically, however, rent increases can not be implemented on a one-year lease or more until it ends. There are laws that specify how you must deliver a rent increase notice to your tenants which include mail or personal delivery. The laws also state that you cannot increase the rent for reasons such as if a tenant requests repairs or, of course, for discriminatory purposes.

It is important to note that in 2019, a few Florida lawmakers filed bills that would allow cities to implement rent control. It’s best for Florida landlords to keep a close eye on this in 2020.

8. Breaking a Lease Agreement

Tenants are allowed to break their lease under a few specified conditions which include military service among others. When creating your tenancy agreement, you are allowed to include a lease-breaking/early termination fee. This fee cannot be more than twice the monthly rental rate. The prospective renter may refuse the fee at which point you can decide whether or not you wish to rent to them.

When either the tenant or landlord wishes to opt for early lease termination, notice must be given. Here is the length of time required for an advance notice under Florida landlord tenant laws:

Annual lease – 3 months prior to the end of the lease term
Quarterly lease – 45 days prior to the end of the quarter
Month-to-month lease – 15 days before the end of the month
Week-to-week lease – 7 days notice

9. Security Deposit Laws

Under Florida law, there is no limit for the amount of security deposit you can request. However, you need to check with local city laws as they may exist in your jurisdiction. A landlord is allowed to keep the security deposit to cover unpaid rent or damage to rental property (beyond wear and tear). In regards to the security deposit return, it must be done within 15 to 60 days from when the tenant moves out of the rental property.

10. Eviction of a Tenant

According to Florida landlord tenant laws, a landlord is only allowed to begin the eviction process when a tenant has failed to adhere to the terms of the lease. In case a tenant has not paid rent by the due date, the landlord must give a grace period of three days for full payment to be made. While the law doesn’t require landlords to accept a partial payment, they could choose to do so based on a personal agreement with the tenant.

If the tenant violates the lease by causing damage to the rental home, the landlord is required to give seven days for the problem to be addressed. When this period elapses, the landlord can then pursue eviction. After being served papers, the tenant has five days to file a dispute. The court will then decide whether the eviction should proceed or not.

Besides defaulting on rent or damaging rental property, landlords can issue an eviction notice due to unauthorized visitors on the property. This usually happens when more people are living in the home full time than is allowed in the lease. Such a situation could lead to more than normal wear and tear to the rental property.

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Additional Info

Realtors® in Miami-Dade and Broward Counties should be aware that their county’s Fair Housing protected classes
extend beyond those created under federal law. The federal Fair Housing Act protects against discrimination based on the following seven categories:

•race
•color
•religion
•national origin
•sex
•disability
•familial status

Broward County’s ordinances include the seven listed above. The following categories have been added to a local ordinance located in Section 16½-2 of the Broward County Code of Ordinances:

•age
•marital status
•political affiliation
•sexual orientation
•pregnancy
•gender identity or expression,
•veteran or service member status
•lawful source of income, (SECTION 8 VOUCHERS)
•victims of dating violence, domestic violence, or stalking

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Have you ever wondered about Section 8. Here is some good info for your review.

• Guaranteed Payments

on the 1st of every month electronically deposited creating effortless rent collection paid out to you like clockwork every month. No more evictions

• Stability

regardless of economic conditions or work situation, payments will arrive on the first. No more evictions or chasing after rent. Other tenants, without vouchers, who lose their jobs can fall behind quickly. Soon, they will either dissappear, break the lease or get evicted.

• Maintenance of the property

Section 8 tenants will maintain the property because they cannot run the risk of having a landlord complaint that will put their voucher in jeopardy. They tend to disturb the landlord much less than one would expect.

• Accepting Section 8 renters can greatly boost your pool of potential tenants

Section 8 makes it easier to find your dream tenant who most importantly will maintain the property and always pay on time

• Increased profitability

The more often the rent money comes in one time the better cash flow for the owner. Much less stress worrying about the rent.

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Myth 1: Section 8 tenants will destroy the property. The myth is that Section 8 tenants will destroy the property or leave it in disarray. This couldn’t be farther from the truth. Although you will get the occasional rogue tenant, the vast majority will keep the place as they found it. They do not want landlords complaining to Section 8, because they will quickly lose their voucher. Screen your tenants by completing nationwide background and rental history checks, as you would with any other tenant.

Myth 2: Tenants with good credit and steady employment are a better risk. Consider this scenario and think to yourself which tenant would you rather have. All things equal, including clean background and good rental history, your tenant looses their job after 3 months. Non-Section 8 tenant has to look for job, more than likely earning less than previously employed. They begin to fall behind in rent and eventually have to be evicted. This is the single greatest benefit and advantage of owning Section 8 rentals – Guaranteed and effortless rent collection paid out to you like clockwork every month on the first. Stability from a failing economy has boosted the Section 8 landlord pool.

Myth 3: Tenant with great credit trumps all. I had a client with an 808 beacon score and the landlord could only see that they would be the best tenant ever. The landlord never looked at the job stability. Has this person been working in his chosen field for a steady amount of time? Unfortunately, 2 days before move-in tenant lost his job, moved back in with his mother and cancelled the deal. Great credit means they pay their Macy’s bill on time. Most rent history is not reported to the credit bureaus at all. The best measure of a solid tenant is rental history. Does a credit card company check rental history before issuing a card? Does it make sense to put so much emphasis on credit when it’s rental history that should be most important? Section 8 clients will likely have great rental history, always paid on time.

Myth 4: Section 8 tenants are lazy. Section 8 tenants take pride in their home just like any other tenant. Many families getting help from Section 8 are single mothers and fathers with children. These tenants usually work hard take care of their family and just need assistance. Insist on an interview with the prospective tenants prior to signing a lease and you will have less headaches.

Myth 5: Section 8 tenants make lousy neighbors. Again, Section 8 tenants cannot take the chance of creating disturbances and problems for the landlord. Many go out of their way to be very nice to everyone, as they feel fortunate to be in the area or school zone they were hoping for.
Section 8 Tenant Guarantee keeps paying regardless of employment and in many cases a voucher is adjusted upwards. There is no lapse in rental amount or collection from landlord. Checks arrive with direct deposit on the first without interruption for the term of the lease.

You can accept Section 8 vouchers less than the amount of rent. For instance, if the rent is $3250 and the voucher is $3000, the client will be responsible for the remaining $250. Their ability to pay will depend on the income of the tenant and their previous payment history.

Accepting Section 8 renters can greatly boost your pool of potential tenants. Section 8 makes it easier to find your dream tenant so you can enjoy a bump-free ride as his landlord. Contact Us to get more information.