Florida Landlord Tenant Rights (What You Need to Know)

Important information for Florida landlords regarding tenant rights. Learn how you may be affected.

Are you a landlord located in Miami Dade County? If so, the Miami Dade County Board of County Commissions just passed a law concerning tenant’s rights that may affect your obligations as a landlord. 

Read below to see how these new laws affect landlords.

Florida Landlord Tenant Rights: What Changed

The new Florida ordinance incorporated existing laws that protected tenants and provided new protections. 

The following is a non-exhaustive list of certain rights and obligations of the landlord and tenant:  

• If a lease does not provide for a specific duration, landlords and tenants must give at least 60 days’ written notice if either chooses to terminate the tenancy. 
• A landlord may not inquire about or require disclosure from a prospective or current tenant regarding their eviction history on an application to occupy a dwelling. However, the landlord is not prohibited from conducting a residential screening through a credited consumer reporting agency.
• A landlord cannot take adverse action against a tenant who makes repairs for health and safety reasons and deducts the cost from their rent as long as the tenant follows certain parameters. 
• After the commencement or renewal of a tenancy, the landlord must provide each tenant with a Notice of Tenant Rights within 10 days. The tenant must review, sign, date, and return the notice to the landlord within 7 days of receipt. They must also receive a copy of their tenant’s records. If the tenant does not timely sign the notice, the landlord must make two attempts to acquire the tenant’s signature and document these attempts.
• A landlord cannot terminate or interrupt any utility service, including but not limited to water, heat, light, electricity, and gas. Whether or not the landlord controls the utility service.
• If a landlord is delinquent in paying any monetary obligation to the condominium association, and the tenant pays that obligation, it is unlawful to attempt to collect rent payments from the tenant until the landlord fully repays the tenant.
• If a landlord proposes to increase the rental rate by more than five percent, the landlord must provide a minimum of 60 days written notice before the tenant accepts, rejects, or reaches a compromise. 

Need Professional Help? Talk to a Florida Landlord Tenant Attorney

These changes are significant, and every landlord in Miami-Dade County should understand these new rules. 

Ensure you comply with all applicable statutes, ordinances, and regulations. Contact our office for a consultation with one of our trusted attorneys or call (305) 600-3816.