Archive for the ‘ Florida Landlord ’ Category
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IMPORTANT DECISIONS DEMAND ACCURATE INFORMATIOIN
Deadline for Returning Security Deposits by State
The following list is a guide to help landlords determine when the security deposit must be returned to the tenant. As a reminder to all landlords, you should be performing a walk through prior to the tenant moving as this will prevent arguments as to the condition of the unit at move out.
Alabama 35 days after termination of tenancy and delivery of possession
Alaska 14 days if the tenant gives proper notice to terminate tenancy; 30 days if the tenant does not give proper notice
Arizona 14 days
Arkansas 30 days
California Three weeks
Colorado One month, unless lease agreement specifies longer period of time (which may be no more than 60 days); 72 hours (not counting weekends or holidays) if a hazardous condition involving gas equipment requires tenant to vacate
Connecticut 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later
Delaware 20 days
District of Columbia 45 days
Florida 15 to 60 days depending on whether tenant disputes deductions
Georgia One month
Hawaii 14 days
Idaho 21 days, or up to 30 days if landlord and tenant agree
Illinois For properties with five or more units, 30 to 45 days, depending on whether tenant disputes deductions or if statement and receipts are furnished
Indiana 45 days
Iowa 30 days
Kansas 30 days
Kentucky 30-60 days, depending on whether tenant disputes deductions
Louisiana One month
Maine 30 days (if written rental agreement) or 21 days (if tenancy at will)
Maryland 45 days
Massachusetts 30 days
Michigan 30 days
Minnesota Three weeks after tenant leaves, and landlord receives mailing address; five days if tenant must leave due to building condemnation
Mississippi 45 days
Missouri 30 days
Montana 30 days (10 days if no deductions)
Nebraska 14 days
Nevada 30 days
New Hampshire 30 days; for shared facilities, if the deposit is more than 30 days’ rent, landlord must provide written agreement acknowledging receipt and specifying when deposit will be returned — if no written agreement, 20 days after tenant vacates
New Jersey 30 days; five days in case of fire, flood, condemnation, or evacuation; does not apply to owner-occupied building with two or fewer units where tenant fails to provide 30 days’ written notice to landlord invoking provisions of act
New Mexico 30 days
New York Reasonable time
North Carolina 30 days
North Dakota 30 days
Ohio 30 days
Oklahoma 30 days
Oregon 31 days
Pennsylvania 30 days
Rhode Island 20 days
South Carolina 30 days
South Dakota Two weeks to return entire deposit or a portion, and supply reasons for withholding; 45 days for a written, itemized accounting, if tenant requests it
Tennessee No statutory deadline to return; 10 days to itemize
Texas 30 days
Utah 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later, but if there is damage to the premises, 30 days
Vermont 14 days
Virginia 45 days
Washington 14 days
West Virginia No statutory deadline
Wisconsin 21 days
Wyoming 30 days, or within 15 days of receiving tenant’s forwarding address, whichever is later; 60 days if there is damage
Security Deposit Maximum: No Statute (83.49)
Security Deposit Interest: Not Required, but allowed. If interest is being collected, it must be in a Florida banking institution, and tenant receives 75% if earnings (83.49 (1a-b)). No interest is due to a tenant who wrongfully terminates his or her tenancy prior to the end of the rental term (83.49 (9)).
Separate Security Deposit Bank Account: Yes, landlords are not allowed to commingle funds (83.49 (1a-b)). Landlords are also allowed to post a surety bond (83.49 (1c)).
Pet Deposits and Additional Non-refundable Fees: No Statute, but is typically allowed and customary.
Deadline for Returning Security Deposit: 15 days if full refund, 30 days if withholding any amount (83.49 (3a)).
Require Written Description / Itemized List of Damages and Charges: Yes, and landlord must send notice using exact language found in Florida Statute 83.49 (3a).
Receipt of Security Deposit: Required to be given to the Tenant within 30 days. Landlord must identify the manner in which the money is being held, and what the interest rate is, if any. Florida has specific rules pertaining to the receipt notification, read Statute 83.49(2-3) carefully.
Lease, Rent & Fees:
Rent Increase Notice: No Statute (83.46)
When Rent is Due: When agreed upon, at the beginning of each period, and rent is uniformly apportionable from day-to-day (83.46(1)).
Late Fees: No Statute (83.46)
Returned Check Fees: If payment is returned by a financial institution, landlord can impose a service charge of $25, if the face value does not exceed $50, $30, if the face value exceeds $50 but does not exceed $300, $40, if the face value exceeds $300, or 5 percent of the face amount of the check, whichever is greater (68.065).
Prepaid Rent: No Statute (83.46)
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Yes (83.60). Essential services are defined in Statute 83.51.
Tenant Allowed to Repair and Deduct Rent: No Statute
Landlord Allow to Recover Court and Attorney’s Fees: Yes (83.48, 83.55)
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Rerent: No, Landlord has no obligation to rerent during a breach of lease by tenant. For specific requirements, read Statute 83.595.
Notices and Entry:
Notice to Terminate a Lease – Yearly Lease: Not less than 60 days prior to the end of any annual period (83.57(1)).
Notice to Terminate a Lease – Quarter to Quarter: Not less than 30 days prior to the end of any quarterly period (83.57(2)).
Notice to Terminate a Lease – Month-to-Month: Not less than 15 days prior to the end of any monthly period (83.57(3)).
Notice to Terminate a Lease – Week-to-week: Not less than 7 days prior to the end of any weekly period (83.57(4)).
Notice of date/time of Move-Out Inspection: No Statute
Termination of Lease for Nonpayment: 3 days Notice, excluding Saturday, Sunday, and legal holidays. Specific language must be included in the notice, which is found in Statute 83.56(3).
Notice of Eviction for Lease Violation: Tenant has 7 days to remedy the issue or landlord can file for eviction and terminate lease (83.56(2)).
Required Notice before Entry: 12 hours, unless otherwise agreed upon (83.53(2)).
Entry Allowed with Notice for Maintenance and Repairs (non-emergency): 12 hours (83.53(2))
Emergency Entry Allowed without Notice: Yes (83.53(2b))
Entry Allowed During Tenant’s Extended Absence: Yes (83.53(2d))
Notice to Tenants for Pesticide Use: No Statute
Lockouts Allowed: No (83.67(1))
Utility Shut-offs Allowed: No (83.67(2))
Penalty for a Self-Help Eviction: A landlord who performs a self-help eviction shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that are not contemporaneous with the initial violation shall be subject to separate awards of damages. (83.67(6))
Proper Notice for Abandoned Property: Yes, first-class mail, pre-paid postage (715.104), using the specific language found in Statutes 715.105, or 715.106. Review Statutes 715.104 – 705.111 for specific instructions and requirements for abandoned property.
Disclosures and Miscellaneous Notes:
Landlords are not allowed to evict tenants without going through the legal process (aka self-help evictions). Penalty is actual damages to tenant or 3 months rent – whichever is greater (83.67(6)).
For buildings over three (3) stories, landlord shall disclose to the tenants initially moving into the building the availability or lack of availability of fire protection (83.50(2)).
The landlord shall, at or before the commencement of the tenancy, provide the name and address of the landlord or a person authorized to receive notices and demands in the landlord’s behalf (83.50(2)).
Notification shall be provided on at least one document, form, or application executed at the time of, or prior to, contract for sale and purchase of any building or execution of a rental agreement for any building. Such notification shall contain the following language: “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.” (404.056(5))
Landlord shall not prevent the tenant from displaying a United States Flag (83.67(4)).
Landlord is not responsible for personal property left on the premise after death of tenant if the following clause is included in the signed lease agreement: “By signing this rental agreement, the tenant agrees that upon surrender, abandonment, or recovery of possession of the dwelling unit due to the death of the last remaining tenant, as provided by Chapter 83, Florida Statutes, the landlord shall not be liable or responsible for storage or disposition of the tenant’s personal property.” (83.67(5))
Landlord is not allowed to include clauses in the lease that force either party to waive or forfeit rights, remedies, requirements, or liabilities set forth by law (83.47).
It is unlawful for a landlord to discriminatorily increase a tenant’s rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant (83.64).
Retaliation is considered if action is taken on a tenant who (1) has filed an official complaint to a Government Authority, (2) has organized, encouraged, or participated in a tenants’ organization, (3) has complained to the landlord pursuant to Statute 83.56(1), or (4) is a servicemember who has terminated a rental agreement pursuant to Statute 83.682.
Small Claims Court Limits: $5,000 or less, excluding costs, interest, and attorneys’ fees.
Eviction Cases Allowed: Yes
Small Claims Rules (PDF)
Statute of Limitations
Written Contracts: 5 years (§95.011)
Oral Contracts: 4 years (§95.011)
Business Licenses and Fees:
Business License Required: No state-wide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.
Rentals in Miami need a Residential Real Estate Sign permit (single family homes) or a Commercial Real Estate Sign permit (apartment units). It is a sticker that should be placed on the sign. The permit is $5.00 for a single family home, $15.00 for an apartment unit, and it is valid for one (1) year from purchase. (Miami FAQs)
Sales and Use Tax on Rental of Living or Sleeping Accommodations