Your One Stop Shop For All Things Landlord/Tenant
We have created this website to answer your questions about Florida landlord-tenant law and help you with your legal needs.
Fort Lauderdale, Florida
The services section contains information about evictions, unlawful detainers, ejectments, tenant screening, and real estate closings.
The forms section, has free landlord forms.
The Tenant Resources section contains information about demanding repairs, recovering your security deposit, and unlawful eviction.
he legal resources section has a summary of Florida Residential Landlord-Tenant Law, the Florida Landlord-Tenant Blog, is a searchable digest of hundreds of Florida Landlord-Tenant Court decisions, and links to government agencies and the courts.
Alexander P. Johnson, Esq.
LEGAL NEWS
New Flood Disclosure Requirement.
Effective October 1, 2024, a seller must complete and provide a flood disclosure to a purchaser of residential property AT OR BEFORE the signing of the sales contract.
New law for extrajudicial removal of unauthoried occupants
July 1, 2024: Florida Statute 82.036 comes into effect authorizing extra-judicial removal of unauthorized occupants by filing a complaint with the county sheriff. In Broward the sheriff recommends you come to the main office (2601 W Broward Blvd, Fort Lauderdale, FL 33312) and request the forms in person and pay the sheriff’s fee.
Gov vetos state preemption of short term rrentals
June 2024: Governor vetoes law preempting regulation of short term rentals to the state of Florida. Both local governments and the short term rental industry are delighted.
The bill proposed new regulations that would prevent local governments from enforcing existing ordinances or passing any new measures exclusively applicable to vacation rentals. Instead, these measures would have to apply to all residential properties, effectively limiting local control over vacation rentals.
Restriction of foreign interests in Florida Real Property
Effective July 1, 2023 a new Florida law criminalizes the purchase of certain Florida real estate by certain foreign nationals and for knowing violations by sellers and title agents.
Requires addendum to purchase and sale contract and buyer affidavit of compliance.
Click HERE to read more to to access the new required forms.
Citizens of Cuba, China, Venezuela, Russia, Syria, North Korea and Iran have until the end of January to register certain real estate with the Florida Department of Commerce, under a law passed earlier this year. The consequences of not registering with the state include steep penalties — $1,000 per day — and even property seizure.
state pre-emption of all county & municipal residential landlord tenant laws. 30 day notice of non-renwal statewide ENACTED
6/29/23: HB 1417 signed into law effective July 1, 2023. All residential landlord-tenant law pre-empted to the state. All County and City residential landlord tenant laws now void. Notice of non-renewal period for month to month tenancies and notice of rent increases, now 30 days statewide. There are no more 15 day notice or 60 day notices.
TIP: notices of non-renewal / rent increases issued on the day of July 1st can take effect July 31. The same notices issued before or after July 1, will take effect August 31.
FEE IN LIEU OF SECURITY DEPOSIT LAW ENACTED
6/2/23 HB 133: signed into law allowing tenants to choose to pay a monthly fee in lieu of a security deposit if offered by landlord. The fee is not applied toward any damage for which the tenant remains liable.
NEW CLERK OF COURT APPOINTED FOR DADE
6/9/2023: Juan Fernandez-Barquin has been appointed Clerk of Court for Miami-Dade County. The appointment is for the remainder of Harvey Ruvin’s unexpired term, through the 2024 election.
NEW FLORIDA LAW REQUIRES LANDLORDS TO RUN BACKGROUND CHECKS ON ALL EMPLOYEES
Florida enacts “Myia’s law” June 27, 2022, F.S. 83.151 requiring landlords to run background checks on their employees and extending the notice period for notices of intent to enter a rental premises from 12 to 24 hours
You can order Florida compliant background reports here - $30 per person. 3 day turn around time. Send request to AJ@BrowardLandlord.com. Employee name, address, DOB, SSN. Order a background check here
The CDC Eviction Moratorium has been overturned by the US Supreme Court.
There are currently no eviction moratoriums in effect in Florida
Rent payment assistance is available from the City of Fort Lauderdale. Click here to apply
Rent payment assistance is available from Broward County. Click here to apply. Click here for the Application forms ( includes both Landlord and Tenant forms).
Rent payment assistance available from Florida Department of Children and Family Services. Both landlords and Tenants can apply. Click here to apply
➤ AREAS OF PRACTICE
➤ COMMONLY Used Forms
Areas of Practice
real estate CLOSINGS
Buying real estate is a complicated business. The answer to why you need an attorney is easy to understand by asking yourself a simple question: “Who at the closing table is loyal to you?” Many people are surprised to learn that real estate agents have no duty of loyalty to put the buyer's or seller's best interests ahead of their own.
unlawful detainer
Unlawful Detainer applies to persons occupying a dwelling unit as a guest of the person in lawful possession ( the owner or rightful tenant ).
EVICTIONS
Evictions are filed in the County Court of the county where the property is located. The first step is to terminate the tenancy.
tenant screening
A large percentage of tenants that we evict have a history of evictions. The landlord does not make money evicting tenants. Save yourself the aggravation by screening your applicants.
EJECTMENT
Any time an occupant of a dwelling unit has a claim to ownership of the property, you will have to file an ejectment in Circuit Court to remove such person. This is not a summary proceeding. The defendant will have 20 days to file a responsive pleading. The case will take many months.
What constitutes a claim of ownership?
A contract to purchase the property. An option to purchase the property. Even if said contracts/options have expired. A claim to the property in probate. spousal rights under Florida homestead.
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