The Rights Tenants Benefit from Under Florida Law

Aside from responsibilities such as having to pay rent or keeping the property in good order during a period of tenancy, as the renter, you also have certain rights under Florida law, geared to protect your interests and investment regardless of the type of lease, amount paid or terms of the contract.

These rights are included in the Florida Statutes (chapter 83, part II), and all landlords are required to observe them and accept them as an important part of the lease.

Privacy and Proper Living Conditions

Once the lease agreement is closed, the property or area of the property that was rented practically belongs to the tenant for a limited period of time.

This means that, as a renter, you have the right to privacy, and there are only certain specific cases when the landlord may enter the premises. An example could be for the purpose of inspecting the property or coordinating repair and maintenance work.

At the same time, however, the landlord is the one responsible for keeping the building in good order and maintaining the living standards that tenants require.

Since you don’t normally have the legal right to modify the property in any way without the landlord’s consent, you have the right to be provided with working electricity, water, and heating systems, as well as locks and keys and everything else that qualifies as a necessity for healthy, safe and peaceful living.

Notifications

Whether the landlord claims that you’ve violated a clause of the contract or the issue of placing your security deposit into the bank comes up, you have the right to be properly notified and informed of the landlord’s intentions and actions.

This applies to:

• The terms of the lease – you have the right to inspect the written agreement before agreeing to any of the clauses;
• Security deposits – the landlord has to inform you of the method of storing the deposit, interest paid on it and claims made for the purpose of deducing a part of your security deposit;
• Any instance when the landlord may claim you violated one or more terms of the lease. In this case, written notification is required.
• When the landlord decides to sell the property, he is required to notify you in advance in order to give you time to move out.
• Evictions – the owner has to provide you with a notice at least 15 days in advance, and is required to inform you as to the reason (or reasons) why you are being evicted;

Withholding Rent and Other Special Cases

When violations are made or there is a conflict of some sort between landlord and tenant, the “accused” side usually has the right to remediate the situation before a lawsuit can be filed. There are, of course, exceptions; but, as a tenant you do have the right to take actions under some circumstances if your rights and requirements are not being met.

A good example is withholding rent. This applies to cases when the landlord neglects his duties or when he is responsible of a serious violation of the lease agreement. In all cases, however, you need to provide a notice in order to inform the owner of your intention to withhold rent and the reason for it as well.

Moving Out

When a written lease is involved, you will, of course, have the right to move out when the lease expires. If there is no written agreement, you can relocate at any time provided that you present the landlord with a written notice at least a week before the next rent payment.

You even have the right to move out before the term is up when written leases are involved, as the landlord has no right to keep you on the property even if the lease has not expired. You have to provide a good reason as to why you want to move out, however.

Also, an important requirement is for a notice to be provided in advance (at least 7 days before the rent is due), so the landlord can be informed of your intentions in due time.

You will find that life as a tenant in Florida has many benefits, and with the law on your side, it can be easy to resolve any issues or conflicts that may arise.