Renter's Laws
Do you rent? Under Florida law, renters and tenants have numerous and substantial rights to protect themselves from unfair or unscrupulous landlords and apartment complexes. Understand your rights and don't be taken advantage of!
If you believe your rights as a Florida tenant or Florida renter have been violated, call 813-413-6565 today to discuss your case for FREE with an experienced landlord tenant lawyer at the Byrne Law Group.
Security Deposit
Perhaps the most abused aspect of a landlord tenant rental contract is the security deposit. Florida statutes provides very strict requirements about security deposits. For instance, the law requires that security deposits be maintained in certain types of bank accounts and not co-mingled. And a landlord seeking to deduct money from the security deposit must comply with precise steps in order to make a claim on a security deposit.
Most landlords and apartment complexes don't know and don't understand the very specific steps the law requires them to undertake regarding security deposits. If they fail to follow the laws exactly, the landlord may forfeit the right to deduct any money from the security deposit!
Examples Of Security Deposit Requirements:
Florida Statutes Chapter 83.49 governs residential rentals in Florida. The following are some examples of common violations made by landlords regarding security deposits:
- Security deposit must be held in either (a) a non-interest bearing bank account in a Florida bank; or (b) an interest bearing bank account where the tenant receives the interest.
- The landlord must keep the security deposit in a separate bank account, and the landlord may not combine or co-mingle security deposit money with the landlord's own money or bank accounts.
- Within thirty days after receiving the security deposit at the start of a lease, the landlord must inform the tenant in writing of where the security deposit is being held, and the interest rate if any. This notice must be sent by mail or be given in person, and state the name and address of the bank, it must state if the security deposit is being held in a separate account or is comingled with the landlord's own money, and it must contain the following provisions:
Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:
This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address).
If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.
(b). Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
(c). If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.
(d). Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and salespersons, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).
- At the end of the lease or rental period, the landlord has 30 days to notify the tenant BY CERTIFIED MAIL at the tenant's last known address of any deductions the landlord proposes to make. If the landlord does not send the notice by certified mail, or if the landlord takes longer than 30 days, the landlord forfeits any claim to the security deposit.
Landlord Must Maintain Rental Property In Good Condition
Landlords must keep their rental units in good working condition under Florida law. The landlord must comply with all local building codes, housing codes and health codes, such as maintaining roofs, windows, screens, doors, floors, etc.
Landlords must, unless otherwise agreed in writing, make provisions for pest control, locks and keys, keeping the common areas safe and clean, garbage removal, functioning heat, running water and hot water
Discuss Your Landlord Tenant Lease Rental Matter Today
Contact the experienced landlord tenant attorneys at the Byrne Law Group today to discuss your landlord tenant or lease or rental matter by calling 813-413-6565 for a FREE consultation. Many times the Byrne Law Group may accept landlord tenant cases on a contingency fee basis - which means you won't have to pay the Byrne Law Group any money; we only get paid if we recover money for you!