Landlord Dos & Don’ts In Florida
Between the increased responsibility and the change to one’s finances, becoming a landlord is a major life event. However, it is unfortunately all too common for new landlords to not have a solid grasp on what they can and cannot do under Florida and U.S. law – and denying the rights of one’s tenants, intentionally or otherwise, can land someone in legal hot water. If you are a fledgling landlord, it may be a good idea to consult an attorney about your rights and responsibilities before taking on tenants.
DO: be circumspect in asking prospective tenants about their antecedents. Both Florida and U.S. federal law prohibit discrimination based on certain (usually immutable) characteristics, such as race/color, national origin, sex/gender, disability, or familial status, among others. (Note that while Florida law does not explicitly protect LGBTQ+ individuals from housing discrimination, the U.S. Supreme Court ruling in Bostock v. Clayton County (2020) does.) What this all means for landlords is that they must confine themselves to asking very general questions about these characteristics – too much interest can open one up to accusations of discriminatory behavior.
DO NOT: accept oral lease agreements. In Florida, oral lease agreements – as opposed to written agreements – are enforceable if they are intended to last less than one year. However, this can create a host of issues if the relationship between landlord and tenant becomes acrimonious. Any tenancy created this way is “at-will,” meaning that either party can unilaterally terminate it as long as notice is given, though the notice itself must be written. This can come as an unpleasant surprise if either party terminates out of the blue.
DO: be aware of what your responsibilities are in terms of unit maintenance. Florida law lays out a list of fixtures and structures that the landlord is required to maintain – for example, state law mandates that a landlord repair damage to window screens at least once annually. A landlord must also ensure that the unit’s plumbing is in reasonable working order. There are some issues, however, that a landlord is not responsible for if the unit in question is a single-family home or duplex, including extermination of any pests, city-owned garbage cans, or functioning heat during winter. Be advised that in most cases, landlords are not required to provide air-conditioning, but if it is in the unit, you will likely be required to maintain it.
DO NOT: take advantage of your tenants. Florida is a state that favors a lack of oversight, trusting those in authority to do the right thing. However, it is sadly not uncommon for unscrupulous landlords to take advantage of their tenants, exploiting the fact that they have little legal recourse in some matters to try and take advantage of them. For example, as of this writing, Florida has no regulations on how much a landlord may charge in rent, or how much one may raise rent between leases. Florida actually banned most types of rent control in 2023 – but this does not mean that a landlord can simply squeeze their tenants for whatever possible.
Contact A Tampa Landlord-Tenant Attorney
Landlords serve a purpose in society, and good ones form a lasting working relationship with their tenants. If you have questions or concerns about how best to do that, a Tampa landlord-tenant attorney from Seward Law Office can try to assist. Contact our office today at 813-252-6789 to schedule a consultation.
Source:
law.cornell.edu/supremecourt/text/17-1618
