TENANTS
The Miami-Dade County (MDC) Emergency Rental Assistance Program is closed. Click HERE for more information.
SECURITY DEPOSIT
If the landlord wants to keep any of the tenant’s security deposit, the landlord is required to mail such claim by certified mail within 30 days. If the landlord does not do this, the entire deposit must be refunded.
What may be deducted?
The tenant is entitled to reasonable wear and tear in light of the duration of the occupancy. Generally, cleaning and routine repainting are not claimable. The landlord should not charge for repairs not actually performed. The landlord should only charge for amounts actually expended, not for estimates for work not actually performed.
What is my remedy?
If you feel that the landlord wrongfully kept your security deposit, you must sue the landlord in small claims court. Starting in 2020, small claims court may hear claims of up to $8000. If the court awards the tenant any amount of a refund, the tenant will also be awarded all court costs and attorney’s fees.
REPAIRS
Florida law requires the landlord to maintaIn the leased premises and keep it up to code. Window screens must be in reasonable condition at the start of the lease, and thereafter only have to be repaired once a year.
Unless otherwise agreed in writing, the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.
2. Locks and keys.
3. The clean and safe condition of common areas.
4. Garbage removal and outside receptacles therefor.
5. Functioning facilities for heat during winter, running water, and hot water.
The landord of a single family or duplex may waive all repair responsibilities in writing.
FAILURE TO MAINTAIN PREMISES:
Where the landlord fails to maintain the leased premises, the tenant is required to give the landlord 7 Day Notice to perform the repairs. The notice must itemize the repairs that the landlord is required to make. Then the landlord has seven days to make a reasonable effort to perform the repairs. Not all repairs can be completed in seven days. If the landlord fails to make a reasonable effort to perform the repairs in the seven days, the tenant may then stop paying rent until the repairs are complete. If the tenant pays any rent, the 7 day Notice is cancelled and you will have to start all over again. If the conditions are so bad that the premises are uninhabitable, declare the lease terminated and move out.
The tenant should be aware that the landlord will probably file an eviction for non-payment of rent. As long as the 7 Day Notice matured before the landlord's 3 Day Notice, the tenant will have a defense to an eviction for non-payment of rent. Tenants are strongly advised to hire an attorney before going on rent strike.
This is the only remedy for failure to make repairs under the landlord-tenant statute. There is no provision for a money judgment, hotel bills, or inconvenience. While a court can abate the rent once the 7 Day Notice has matured, it may not order the refund of rent previously paid.
CLICK HERE FOR THE FORM TO DEMAND REPAIRS
TERMINATION OF TENANCY
WEEK TO WEEK AND MONTH TO MONTH
These periodic tenancies automatically renew until either the landlord or the tenant issues a written notice of non-renewal to the other party. For a weekly tenancy the notice must be provided seven days before the date in which the next week would begin. For a monthly tenancy the tenant must send the landlord a NOTICE OF NOIN-RENEWAL no less than 15 days before the last day of the monthly rental period. Text or Email is fine. Note that for Dade, Broward and Hillsborough Counties the notice period is 60 days, per County Ordinance not 15 days as per state law.
ANNUAL TENANCIES
Once an annual lease has been executed by all parties, the tenant is lawfully entitled to possession of the leased premises until the lease expires. This right of possession may only be terminated early by a court order.
When the term of the tenancy is up, the tenant is expected to vacate. If the tenant holds over after the expiration of the tenancy, the tenant is subject to eviction without further notice and is liable for double rent for each day the tenant remains in possession, plus attorneys fees and court costs.
The lease may, however, provide that the tenant notify the landlord in advance whether they are renewing or not. The landlord may assess a penalty of up to one month's rent for failure to provide notice. In order to do this, the landlord must also give the tenant written notice of the requirement 15 days before the notice deadline. The penalty applies whether or not the tenant vacates at the end of the lease or remains with the landlord's permission. Florida Statutes §83.575.
SALE OF LEASED PREMISES
The sale of the leased premises does not affect the lease. The tenant may live out the entire lease term
FORECLOSURE OF LEASED PREMISES
The foreclosure of the leased premises terminates the tenancy. But Florida law ( §83.561) requires the buyer at the foreclosure sale to give the tenant a 30 day notice to move before applying to the foreclosure court for a writ of possession. Keep an eye on the foreclosure case docket on the website for the Clerk of Court for your County. If the buyer files a motion for a writ of possession without giving the 30 day notice, the tenant must immediately file a motion to quash the writ of possession with the court.
BREACH OF LEASE
If the tenant is engaged in conduct that breaches the lease, such as unauthorized occupants, or pets, loud parties, damage to the leased premises, the landlord must give the tenant a 7 Day Notice to Cure. Then if the breach is not cured in seven days, or is repeated within one year, the landlord may file an eviction.
If the landlord is breaching the lease, such as for failure to repair, the tenant must give the landlord a 7 Day Notice to repair. See Tenants/Repairs
SELF HELP
The only way a Florida landlord can legally remove a tenant is to get a court order. The eviction order must be carried out by the county sheriff though the execution of a writ of possession (24 hour notice).
PROHIBITED PRACTICES
If the landlord tries to remove the tenant by removing the locks, doors, interrupting the utilities, or removing any lease amenity (such as cable TV or internet) that is a "prohibited practice" and a violation of Florida Statutes §83.67. This is not a criminal offence, but it is punishable by three months rent, attorneys fees, and court costs, per incident
RETALIATION
Florida Statutes 83.64 Retaliatory conduct
The allegation of retaliatory conduct by the landlord is a defense that may be raised in an eviction law suit.
(1) 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. In order for the tenant to raise the defense of retaliatory conduct, the tenant must have acted in good faith. Examples of conduct for which the landlord may not retaliate include, but are not limited to, situations where:
The tenant has complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the premises;
The tenant has organized, encouraged, or participated in a tenant organization;
The tenant has complained to the landlord pursuant to s. 83.56(1);
The tenant is a servicemember who has terminated a rental agreement pursuant to s. 83.682;
The tenant has paid rent to a condominium, cooperative, or homeowners’ association after demand from the association in order to pay the landlord’s obligation to the association; or
The tenant has exercised his or her rights under local, state, or federal fair housing laws.
Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession.
In any event, this section does not apply if the landlord proves that the eviction is for good cause. Examples of good cause include, but are not limited to, good faith actions for nonpayment of rent, violation of the rental agreement or of reasonable rules, or violation of the terms of this chapter.
“Discrimination” under this section means that a tenant is being treated differently as to the rent charged, the services rendered, or the action being taken by the landlord, which shall be a prerequisite to a finding of retaliatory conduct.