Landlord and Tenant Obligations for Lease or Rental of Property
Florida Statutes define the responsibilities of both the landlord and the tenant as they relate to the leasing and renting of property.
What constitutes a residential lease? Does a lease have to be in writing?
A lease may be written or oral. Florida law requires that most notices to and from a landlord be in writing, even if the rental agreement is oral. In cases where there is no written lease, the term of your rental payment schedule (e.g., monthly, weekly) determines the length of the agreement.
What is a landlord’s Right to Access to the Premises?
The landlord has the right to enter the leased dwelling at reasonable times and with proper notice to inspect, repair, or show the property to prospective or actual purchasers, tenants, mortgagees, workers, or contractors.
What happens if a landlord fails to comply with a lease?
Rent may be withheld if the landlord fails to comply with what the law or the lease requires. The tenant, however, must announce their intention by certified mail at least seven days before the rent is due, allowing time to remedy the problem. If the problem is not corrected within seven days and rent is withheld, the landlord may initiate legal action to collect it. Under these circumstances, rent must be paid into the court registry at the Office of the Clerk of the Circuit Court pending the judge's determination of the case.
What can be done if a tenant fails to comply with a lease?
The tenant can be evicted for failing to comply with the terms of the lease agreement. Depending on the offense, the process for removal varies.
Except for the failure to pay rent, a landlord must notify the tenant in writing of the shortcomings and allow the tenant seven days to take corrective action. If the situation is not remedied within seven days, the landlord may initiate eviction.
Residential Eviction Forms