I often field questions from tenants about their rights, particularly in situations where their rental property falls short of expectations. A common concern revolves around the conditions under which a tenant can withhold rent. This topic is an essential aspect of landlord-tenant relationships and one that everyone should be aware of.

The Fundamentals of Rent Withholding

At its core, the right to withhold rent in Florida hinges on a simple, yet powerful concept: tenants are entitled to a rental property that meets specific health, structural, and safety standards as mandated by the state. It means that, as a tenant, you should expect your rented property to be livable and safe.

However, suppose a landlord fails to uphold these standards. In that case, whether it's neglecting to fix a leaky roof or a malfunctioning air conditioner, tenants have the right to withhold rent until the necessary repairs are made. It's a significant right, serving as a protective mechanism for tenants against landlords who may fail to maintain their properties adequately.

Demystifying Florida State Law

Florida Statute § 83.60 is the go-to legal reference when it comes to understanding the right to withhold rent. It outlines the specific circumstances under which a tenant can withhold rent and provides a useful guide on the types of repairs and habitability issues that qualify for such action.

While the statute covers a wide range of scenarios, the underlying principle remains consistent: a tenant has the right to live in a property that is safe and habitable. If conditions within the property compromise this basic requirement, you may have the legal grounds to withhold rent.

The Art of Notifying Your Landlord

Before you decide to withhold rent, it's crucial to follow the correct procedure. Communication is key, and the first step is to notify your landlord of the issue. This communication should ideally be in writing and provide clear details about the issue at hand, how it affects your living conditions, and a reasonable deadline for the landlord to address the problem.

The law provides landlords with a fair opportunity to fix the issue. If they fail to make the necessary repairs within the given time frame, only then does the option to withhold rent become viable. Remember, it's important to ensure your actions align with Florida’s legal requirements to protect your rights effectively.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

Setting the Boundaries: Limitations on Withholding Rent

While the right to withhold rent serves as a critical protective measure for tenants, it's not a carte blanche. Florida law sets clear boundaries on how much rent can be withheld and how often. This restriction helps maintain a fair balance between the rights of the landlord and the tenant.

The specifics of these limitations can vary based on the severity of the habitability issue and the estimated cost of repairs. It's crucial to understand these nuances before deciding to withhold any portion of your rent. An informed decision will not only protect you legally but will also foster a healthier relationship with your landlord.

Additional Conditions for Withholding Rent

The right to withhold rent is not solely tied to repair and habitability issues. Other conditions may also allow you to withhold rent, provided they comply with Florida law. These additional circumstances further ensure that a tenant's basic rights are upheld throughout their lease.

For instance, if a landlord fails to provide essential services such as water or heat, a tenant may be legally justified in withholding a portion of their rent. However, it's always recommended to consult with a legal expert or attorney to ensure you're within your rights to withhold rent in such situations.

The Role of Local Housing Ordinances

Finally, it's crucial to note that your city or county's local housing ordinances may also come into play. These ordinances may cover additional aspects of a tenant's rights, particularly in relation to repairs and maintenance.

While state laws provide a broad framework, local ordinances can offer more specific protections and requirements. Therefore, it's a good idea to familiarize yourself with these local laws to fully understand your rights and obligations as a tenant.

In Conclusion

Understanding the rights of tenants, particularly the right to withhold rent, is essential for a harmonious landlord-tenant relationship. While Florida law provides robust protections for tenants, it's equally important for tenants to uphold their end of the agreement and use these protections responsibly.

Every tenant in Florida should be aware of his or her landlord’s rent rules, which should be outlined in the rental or lease agreement. Here are the important ones.

Standard Rent Rules in Florida

Florida’s state laws cover some of the following rent-related concerns, including the amount of time a landlord has to issue a notice when he or she increases the rent and how much time the tenant has to either pay it or move to avoid eviction. Here’s what every rental or lease agreement should include as a standard set of rent rules.

  • The amount of rent owed each month
  • Where the rent is due
  • When the rent is due
  • How the tenant should pay the rent
  • The amount of notice a landlord must provide to increase the rent
  • The extra fee applied if a tenant’s rent check bounces
  • The consequences of paying the rent late

Late Fees for Rent Past Due in Florida

In most rental or lease agreements, rent is legally due on the first of the month. If you don’t pay the rent, your landlord can start charging you a late fee. Florida’s state laws don’t cover extra fees associated with late rent. If your agreement doesn’t include information about late fees, your landlord can’t impose one.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

Amount of Notice Landlords Must Provide to Increase the Rent

There isn’t a state statute in Florida that covers the amount of notice landlords must provide to increase the rent in a month-to-month rental or lease agreement. Unless specified otherwise in your agreement, your landlord must provide the same amount of notice as state laws require when he or she terminates the tenancy, which is 15 days. If you have a long-term lease, your landlord cannot increase the rent until the current one ends and a new tenancy starts.

Termination For Nonpayment of Rent in Florida

All states set certain rules and procedures for terminating a tenancy when a tenant has failed to pay the rent. In Florida, the landlord must give the tenant three days to pay the rent or move before he or she can legally file for eviction.

The state of Florida requires landlords to provide the following disclosures to tenants, which you can usually find in either the rental or lease agreement.

Owner/Agent Identity (Fla. Stat. Ann. § 83.50)

Every landlord in Florida, or someone who is authorized to enter a rental agreement on his or her behalf, must disclose the name and the address where he or she will receive demands and notices. The landlord should do this in writing and provide it to the tenant either at or before the start of the tenancy.

Security Deposit (Fla. Stat. Ann. §§ 83.49, 83.43 (12))

Every landlord in Florida must disclose whether he or she will hold the security deposit in an interest- or non-interest-bearing account within 30 days of receiving it. He or she must also disclose the name of the account depository as well as provide the time and the rate of interest payments. Landlords who collect deposits must include a copy of Florida Statutes § 83.49(3) in the rental or lease agreement.

Fire Protection (Fla. Stat. Ann. § 83.50)

Every landlord in Florida must notify new tenants of the available fire protections in buildings that are higher than three stories.

Radon (Fla. Stat. Ann. § 404.056)

Every landlord in Florida must include this warning in all of his or her leases: “RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.”

Landlord Identity (Fla. Stat. Ann. § 83.50)

Every landlord in Florida, or someone who is authorized to enter a rental agreement on his or her behalf, must disclose the name and the address where he or she will receive demands and notices. The landlord should do this in writing and provide it to the tenant either at or before the start of the tenancy.

Stephen K. Hachey can help you wade through this difficult process to reach a positive solution. Call 813-549-0096 today!

***The opinions in this blog are those of the author whom takes full responsibility for the content. Like all other content on the site, this does not constitute legal advice and is for general information purposes only.***

According to Florida state law, landlords are prohibited from retaliating against tenants. If you’re a tenant in a rental unit and feel your landlord is retaliating against you, read on to know your rights.

What Rights Protect Tenants From Retaliating Landlords in Florida?

In Florida, it’s illegal for landlords to retaliate against tenants who’ve exercised these legal rights:

  • Notified the landlord about the rental unit’s unsafe or illegal living conditions
  • Notified a government agency about the rental unit’s unsafe or illegal living conditions
  • Joined or organized a tenant union to express your thoughts collectively

What Types of Retaliation Are Against Florida State Law?

Florida law states that landlords cannot take part in any one of the following retaliatory acts:

  • Terminating your lease without appropriate reason
  • Refusing to renew your lease without appropriate reason
  • Filing an eviction lawsuit without appropriate reason
  • Increasing your rent without proper notification and reason
  • Decreasing the services your rent covers, like locking the laundry room, removing cable access, draining the swimming pool or getting rid of the property’s security guards

How Should a Tenant Respond to a Landlord Who Performs a Retaliatory Act?

If you’ve been a victim of your landlord’s retaliatory actions, there are two possible responses:

  • You should stay and fight if the retaliatory act involves a terminated lease or an eviction, proving to a judge in court that either the termination or the eviction was illegal.
  • You should file a lawsuit in small claims court if the retaliatory act involves a rent hike or a reduction in services, asking a judge to prohibit the increase or reinstate the services.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

How Can a Tenant Prove That His or Her Landlord Performed a Retaliatory Act?

Landlords are rarely foolish enough to hand you hard evidence proving that they’ve performed a retaliatory act. In fact, many of them will try to cover it up. Here are some common examples:

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

If you live in an apartment, you have just as much of a right to privacy as any homeowner. Here’s a brief look at Florida’s laws concerning when and how your landlord may enter your rental unit.

When Are Landlords Allowed to Enter Your Rental Property?

Although your landlord doesn’t always need an invitation to enter your apartment, all tenants have a right to privacy in their rental units. According to Florida law, a landlord can enter an apartment:

  • If he or she believes there is an emergency, like a fire or a water leak.
  • If he or she needs to inspect the rental unit or perform repairs in it.
  • If he or she has a reason to believe that the rental unit has been abandoned.
  • If he or she needs to show the rental unit to potential new tenants.
  • If he or she has a court order to do so.

How Much Notice Must Landlords Provide Before Entering the Rental Property?

Besides emergencies, your landlord must notify you at least 12 hours in advance before entering your apartment for the aforementioned reasons. Of course, if you agree that your landlord can enter your rental unit earlier than the 12-hour notice, he or she may do so. A landlord must also enter during a suitable timeframe, which Florida law states is between 7:30 A.M. and 8 P.M.

What Rights Do You Have as a Tenant if Your Landlord Violates?

The first thing you should do is discuss your concerns directly with your landlord, following it with a letter politely asking him or her to stop the intrusive behavior. If your landlord continues to violate your right to privacy, you could sue him or her in small claims court for infliction of emotional distress or trespassing.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

As a tenant, receiving a threat of eviction due to a noise complaint can be distressing. You might find yourself grappling with questions about your rights and the potential repercussions. This article seeks to shed light on Florida's eviction laws and equip you with the knowledge to handle such situations.

The Landlord's Prerogative: Evictions Due to Noise Disturbances

Firstly, yes; your landlord can in fact pursue eviction for noise-related violations. Persistent noise violations may not only be in breach of your lease, but also may violate local noise ordinances. It’s essential to understand that maintaining a peaceful environment for all residents is a shared responsibility, and persistent disruption could lead to serious consequences, including eviction.

The Crucial Role of Proper Notice

However, it's not as simple as receiving a noise complaint one day and facing eviction the next. The law requires landlords to give tenants proper notice of the complaint before moving forward with eviction procedures. Moreover, landlords must demonstrate that you've violated the terms of your lease agreement or have consistently disrupted other tenants' right to quiet enjoyment.

Remember, eviction is a legal process. As such, your landlord must follow proper procedures, one of which is providing you with an adequate notice of the issue at hand and the potential consequences if the problem persists.

The Tenant's Responsibility under Florida Law

As a tenant in Florida, you have certain responsibilities. One key obligation is to use the property in a manner that does not disturb others unreasonably or, in legal terms, 'constitute a breach of the peace.' If your behavior disrupts the tranquility of your neighbors or community, your landlord has the right to seek termination of your lease.

However, a crucial aspect of this process is again the provision of proper notice. Your landlord must inform you of the issue and provide an opportunity for you to rectify the situation before termination proceedings can commence.

Decoding Local Noise Ordinances

Your local noise ordinance serves as a guide to understanding what noise levels are considered acceptable in your area. Usually, violations occur when noise disturbs a reasonable person of normal sensitivities or when it exceeds the specific sound level limit set by the ordinance. Noise disturbances can encompass various forms such as shouting, verbal altercations, amplified music, television volume, or even musical instruments.

Familiarizing yourself with your local noise ordinances can provide a clear understanding of what is expected of you as a tenant and help you avoid any unintentional violations.

Preventing Evictions: Complying with Ordinances and Understanding Your Lease

The best way to avoid facing eviction due to noise complaints is to respect local noise ordinances and thoroughly understand the terms of your lease. Your lease agreement outlines your responsibilities as a tenant, and adhering to these guidelines is vital to maintaining a positive and enduring landlord-tenant relationship.

Remember, a peaceful living environment benefits everyone involved. Be mindful of your actions and their potential impact on your neighbors.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

When Accusations Seem Unfair: Seeking Legal Help

If you believe you've been wrongly accused of noise violations, don't panic. You have rights as a tenant, and these include fair treatment and the opportunity to defend yourself against allegations. Consulting with an experienced attorney can provide clarity and guidance, ensuring your rights are protected.

An attorney can review the specifics of your situation, the terms of your lease, and the details of the noise complaints. They can then advise you on the best course of action to take to resolve the situation amicably and legally.

Wrapping Up

Facing eviction due to noise complaints can be a challenging experience. However, understanding your rights and responsibilities as a tenant, coupled with a solid knowledge of local noise ordinances, can empower you to navigate these difficult situations. And remember, if you feel unfairly treated, professional legal help is just a call away.

Knowledge is power, and as a tenant, understanding the law can be your strongest defense.

Updated: 6/2/23

In the state of Florida, there are no rent control provisions. This means that landlords have the freedom to charge any amount they deem suitable for rent. The only limitation on how much they can charge is the availability of tenants willing to pay that price. This concept is often referred to by economists as charging “whatever the market can bear.”

The Role of Lease Agreements in Rent Increases

If you have a written lease agreement, this document might stipulate specific time frames for notices to be given. For instance, it could state that the landlord must provide a certain amount of notice for any changes to the lease agreement prior to renewal. Similarly, as a tenant, you may be required to give a certain amount of notice if you do not intend to continue leasing the property.

Typical Notice Period for Rent Increases

While Florida law does not mandate a specific notice period for rent increases, it’s common practice for landlords to provide around 30 days’ notice. This gives tenants ample time to adjust their budgets or consider other housing options if the new rent is unaffordable.

However, the notice period can vary depending on the terms of your lease agreement. Some leases may require a longer notice period, such as 60 or 90 days. It’s crucial to read your lease carefully to understand the terms regarding rent increases.

It’s also worth noting that if your lease specifies a certain rent amount for a fixed term, such as one year, your landlord cannot increase the rent until the lease term is up, unless the lease itself provides for an increase.

If you’re on a month-to-month lease, the landlord can generally increase the rent as often as they like, but they must provide you with proper notice (typically 30 days). If you receive a notice of rent increase that you believe is unfair or that doesn’t comply with the terms of your lease, it’s advisable to consult with a legal professional.

Remember, a rent increase notice should be in writing, clearly state the new rent amount, and specify when the increase will take effect. If your landlord has not followed these guidelines, you may have grounds to dispute the increase.

Legal Support for Rental Issues

Given the complexities of rental agreements and the potential for disputes, it’s always recommended to have an experienced attorney review your specific documents and situation to determine your best course of action. If you are experiencing difficulties with your rental situation, don’t hesitate to seek legal help. An attorney can fight for your rights and ensure that your best interests are taken into account.

Maintaining a Healthy Landlord-Tenant Relationship

While understanding the legalities of rent increases is important, maintaining a healthy relationship with your landlord is equally crucial. Ideally, the relationship between a landlord and tenant should be open, honest, and communicative. By keeping lines of communication open and addressing issues promptly and respectfully, you can prevent many rental disputes from escalating.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

Prior to the passage of the Protecting Tenants at Foreclosure Act in 2009, tenants’ rights were superseded by the “successor in interest,” that is, the new owner of the property. The act was passed to prevent tenants from being blindsided with removal notices that left them little to no time to secure a new living situation. Under the Act, the terms of the original lease must be honored if the tenant is bona fide.

In order to be a bona fide tenant, you cannot be the child, spouse, or parent of the original owner/landlord, the transaction must have been conducted at arm’s length (usually involving a contract, no “special arrangements”), and you must pay a fair market rate in rent. If you are found to not be a bona fide tenant, the new owners are not obligated to honor the original terms of the lease and you will likely receive notice to vacate the premises within 60 days. However, if you do meet the bona fide qualifications, the new owner has to honor the existing lease term and must provide at least 90 days’ notice before any eviction actions can occur.

Clearly, real estate matters involving multiple parties and differing rights can be quite complex and frustrating. It would be wise to consult with an experienced attorney who can help you make sense of the various rules, laws, and forms out there. You need someone in your corner who will fight for your rights and get you the best outcome possible.

Stephen K. Hachey, a Florida real estate attorney can help your wade through this difficult process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

The current real estate climate, with owners becoming tenants and banks becoming landlords, can be rife with complicated situations and shifting loyalties. It can be extremely difficult to find out what your rights are. If you were leasing a property that was subsequently foreclosed, your obligations as a tenant should have shifted to the new owner. That is, you would pay rent and fees per your original lease agreement to them.

Additionally, any security deposits you paid to the original owner should have shifted to the new owner as well. As the new holders of the security deposit, it is their responsibility to hang onto until the landlord/tenant relationship has ended and return the deposit to you, minus any documented expenses for repair, unpaid rent, etc.

If your original landlord did not transfer the security deposit to the new owners during foreclosure, your only recourse is small claims court, unfortunately. Make sure to stay in touch with your landlord and the prospective new owners during the foreclosure process to make sure that the transfer is going smoothly.

As you can see, leasing a property that has been foreclosed can be a very complicated situation and it is possible for tenants to be taken advantage of. In order to protect your rights and ensure you get the best treatment possible, consult with an experienced attorney. Only a knowledgeable real estate lawyer can help you make sense of the complex laws, regulations, and forms that govern the real estate industry. Contact one today to learn about your rights.

Stephen K. Hachey, a Florida real estate attorney can help your wade through this difficult process and determine a positive solution. Contact him at 813-549-0096.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.

The dynamics between tenants and landlords can be intricate, especially when properties change hands. In Florida, the regulations surrounding eviction notices for month-to-month tenants when a landlord sells the property are specific. The short answer is a notice of 15 days. That said, there are important nuances that warrant investigating.

The Ideal Tenant-Landlord Relationship

In a perfect world, tenants and landlords maintain open lines of communication, ensuring no surprises. However, real-world scenarios can differ, leading to situations where tenants find themselves facing unexpected eviction notices. Recognizing this, many states, including Florida, have established guidelines to ensure fairness and clarity.

Lease Transfers and Property Sales

When a landlord decides to sell a property, the existing lease typically transfers to the new owner. This means that tenants continue to pay rent to the new owner, and the terms of the original lease remain unchanged. However, challenges arise when there isn’t a fixed-term lease, and the tenant rents the property on a month-to-month basis.

Florida’s Regulations on Month-to-Month Leases

For month-to-month tenants in Florida, the eviction notice period is notably short. Landlords are required to provide a mere 15-day notice for non-renewal of the lease, regardless of the reason, be it property sales or otherwise. Given the brevity of this period, tenants are encouraged to maintain proactive communication with landlords, staying informed about any potential property sales or changes.

Property Access for Inspections and Showings

During the property sale process, landlords might need to access the property for inspections or to showcase it to potential buyers. While this can be intrusive for tenants, most states, including Florida, mandate a minimum 24-hour notice for such visits. Tenants are expected to accommodate these requests, ensuring the property remains accessible for these purposes.

Empowering Tenants: Know Your Lease and Rights

Given the complexities surrounding property sales and tenant evictions, it’s crucial for tenants to be well-versed with their lease agreements. An experienced attorney can offer invaluable insights, ensuring tenants are aware of their rights and obligations. For instance, if landlords neglect property maintenance, tenants might have legal grounds for actions such as rent withholding.

Engaging with New Property Owners

Proactive communication can be a game-changer. If a tenant learns about an impending property sale, reaching out to the new owners can be beneficial. The new owners might be open to continuing the rental arrangement, providing the tenant with additional time to find alternative housing.

Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.

Conclusion

The sale of a rented property in Florida, especially with month-to-month tenants, requires careful navigation to balance the rights of both tenants and landlords. By staying informed, maintaining open communication, and seeking legal counsel when needed, tenants can better manage such transitions.

The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.