Florida Landlord-Tenant Law 7/16/2024

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What type of tenancy is created if a lease is not in writing and signed by the lessor?

Tenancy at will (correct)

Joint tenancy

Periodic tenancy

Tenancy for a fixed term

How is the duration of a tenancy at will determined?

By the discretion of the lessor

By the periods at which the rent is payable (correct)

By the discretion of the lessee

By the length of the lease agreement

What is the duration of a tenancy if the rent is payable quarterly?

From week to week

From year to year

From month to month

From quarter to quarter (correct)

What applies to nonresidential tenancies and all tenancies not governed by part II of this chapter?

This part Signup and view all the answers

What is required for a lease to be deemed a tenancy at will?

The lease must be in writing and signed by the lessor Signup and view all the answers

What determines the term of a tenancy at will?

The periods at which the rent is payable Signup and view all the answers

What is the minimum notice period required to terminate a tenancy from year to year?

3 months Signup and view all the answers

What happens when a tenant holds over in the possession of the premises without renewing the lease?

The tenancy becomes a tenancy at will Signup and view all the answers

What is the right of the landlord if the tenant fails to pay rent?

To obtain possession of the premises as provided by law Signup and view all the answers

How can a landlord recover possession of rented premises?

Through an action for possession or surrender or abandonment Signup and view all the answers

What is the period of time after which it is presumed that a tenant has abandoned the rented premises?

30 consecutive days Signup and view all the answers

What can a landlord demand from a tenant who refuses to give up possession of the premises?

Double rent Signup and view all the answers

What is the minimum notice period required to terminate a tenancy from quarter to quarter?

45 days Signup and view all the answers

What happens when the holding over is continued with the written consent of the lessor?

The tenancy becomes a tenancy at will Signup and view all the answers

What is the condition for the landlord to recover possession of rented premises through abandonment?

The landlord reasonably believes the tenant has been absent for 30 consecutive days Signup and view all the answers

What happens when a landlord serves a notice pursuant to s. 83.20(2) and 10 days have elapsed?

The landlord can recover possession of the premises Signup and view all the answers

What is the basis of a landlord's action for use and occupation?

Permission to occupy the lands, tenements, or hereditaments Signup and view all the answers

What type of lien does a landlord have on property found on the premises leased or rented?

A superior lien to all other liens Signup and view all the answers

What is exempt from distress and sale for rent?

Beds, bedclothes, and wearing apparel Signup and view all the answers

What is the basis of a landlord's lien for advances?

Advances made in money or other things of value Signup and view all the answers

What is the jurisdiction of the court in an action for distress for rent?

The county where the land lies Signup and view all the answers

What must be alleged in the complaint for distress for rent?

The name and relationship of the defendant to the plaintiff Signup and view all the answers

What is the effect of a demise or agreement not by deed?

The plaintiff may use it as evidence of the quantum of damages Signup and view all the answers

What type of property is subject to a landlord's lien for advances?

All property purchased with money advanced Signup and view all the answers

What is the relationship between a landlord's lien for rent and a lien for advances?

Both liens have equal dignity Signup and view all the answers

Who may file an action for distress for rent?

The landlord or the landlord's agent or attorney Signup and view all the answers

Who issues a distress writ?

A judge of the court Signup and view all the answers

What happens if the defendant violates the command of the distress writ?

The defendant may be punished as a contempt of court Signup and view all the answers

What must the plaintiff or the plaintiff's agent or attorney file before the distress writ issues?

A bond with surety Signup and view all the answers

What happens to the property if the plaintiff shows by a sworn statement that the defendant cannot be found within the state?

The levy on the property suffices as service on the defendant Signup and view all the answers

When can the defendant move for dissolution of a distress writ?

At any time Signup and view all the answers

What happens if the defendant defaults or the plaintiff proves a prima facie case?

The court will order the sheriff to proceed with the levy Signup and view all the answers

How can the property be restored to the defendant?

By giving bond with surety to the sheriff Signup and view all the answers

What is required for a bond to be approved by the sheriff?

It must be in double the value of the property levied on Signup and view all the answers

What can be entered against the surety on a bond?

A judgment Signup and view all the answers

What happens to the property if it is in another jurisdiction?

The party who had the writ issued shall deliver the writ to the sheriff in the other jurisdiction Signup and view all the answers

If a landlord causes a defendant to be served with a summons and complaint, how many additional copies of the complaint must the landlord provide to the clerk of the court?

Two Signup and view all the answers

How must the copies of the summons and complaint be mailed by the clerk of the court?

First-class mail Signup and view all the answers

What happens to the property distrained if the judgment is for the plaintiff?

It is sold and the proceeds are applied to the payment of the execution Signup and view all the answers

What is the minimum number of days required for advertising a sale of levied property?

10 days Signup and view all the answers

When is service of process considered effective in an eviction proceeding?

The later of the date of posting or mailing Signup and view all the answers

What happens if the defendant appeals and obtains supersedeas in a distress for rent case?

The property is restored to the defendant and there is no sale Signup and view all the answers

What must a plaintiff do to be awarded a money judgment in addition to possession of the premises?

Seek damages in the complaint Signup and view all the answers

What is one of the grounds for removing a tenant from rented premises?

Default in the payment of rent Signup and view all the answers

What must a tenant do in an action by the landlord for possession of real property?

Pay the alleged unpaid rent into the court registry Signup and view all the answers

How is a notice requiring the payment of rent or the possession of the premises served on the tenant?

By delivery of a true copy or leaving a copy at the rented premises Signup and view all the answers

What may the court order a tenant to do during the pendency of an action for possession?

Pay rent into the court registry Signup and view all the answers

What is required for a landlord to recover possession of rented premises?

Entry of a judgment for possession Signup and view all the answers

What is the period of notice required for a landlord to terminate a tenancy for a material breach of the lease?

15 days Signup and view all the answers

What happens if a third person claims property distrained?

The third person can interpose and prosecute their claim in the same manner as is provided in similar cases Signup and view all the answers

What is the minimum time period that must elapse before a judgment for final removal of the defendant may be entered?

5 days Signup and view all the answers

What is the effect of a verdict or finding of the court for the defendant in a distress for rent case?

The action is dismissed and the defendant has judgment and execution against the plaintiff for costs Signup and view all the answers

What must a landlord do if a tenant has interposed the defense of payment or satisfaction?

Request a hearing to determine the amount of rent owed Signup and view all the answers

What is the purpose of a supersedeas bond in a distress for rent case?

To stay the execution of the judgment Signup and view all the answers

When may the court extend the time period for payment into the court registry?

Upon good cause shown Signup and view all the answers

When can property distrained be delivered to the plaintiff as payment on the execution?

Only if the property is of a similar kind to that claimed in the complaint Signup and view all the answers

When the lease is silent on the procedure to be followed to effect repair or maintenance, what is the right of the tenant?

To withhold rent after giving the landlord at least 20 days' notice Signup and view all the answers

What happens if the landlord completes the repair or maintenance?

The tenant must pay the landlord the amounts of rent withheld Signup and view all the answers

What is the effect of the landlord's acceptance of the full amount of rent past due with knowledge of the tenant's breach?

The landlord waives the right to proceed with an eviction claim Signup and view all the answers

Where must the complaint for removal of the tenant be filed?

In the proper court of the county where the premises are situated Signup and view all the answers

What happens if the defendant cannot be found in the county where the action is pending?

The sheriff shall serve the summons by attaching it to some part of the premises involved in the proceeding Signup and view all the answers

What is the minimum time delay required between the two attempts to obtain service?

6 hours Signup and view all the answers

What happens if the landlord fails to complete the repair or maintenance?

The parties may extend the time by written agreement or the tenant may abandon the premises Signup and view all the answers

What is the purpose of the notice to the landlord?

To give the landlord at least 20 days to make the specifically described repair or maintenance Signup and view all the answers

What is cumulative to other existing remedies?

This section Signup and view all the answers

What is required for the landlord to recover possession of rented premises through abandonment?

The tenant must abandon the premises Signup and view all the answers

What happens if a tenant fails to pay rent into the court registry pursuant to court order?

The landlord is entitled to an immediate default for possession without further notice or hearing. Signup and view all the answers

What is the purpose of the court order issued immediately upon filing of the tenant’s initial pleading, motion, or other paper?

To notify the tenant of the requirement that rent be paid into the court registry. Signup and view all the answers

What is the consequence if the landlord is in actual danger of loss of the premises or other hardship resulting from the loss of rental income from the premises?

The landlord can apply to the court for disbursement of all or part of the funds held in the court registry. Signup and view all the answers

What is the limited scope of the hearing regarding the dispute over the amount of money to be placed into the court registry?

Whether the tenant has been properly credited by the landlord with any and all rental payments made, and what properly constitutes rent under the provisions of the lease. Signup and view all the answers

What is the consequence if the tenant files a counterclaim for money damages?

The hearing is limited to the factual or legal issues concerning the counterclaim. Signup and view all the answers

What is the purpose of the writ issued to the sheriff after entry of judgment in favor of the plaintiff?

To put the plaintiff in possession of the premises. Signup and view all the answers

What is the consequence if the tenant is deemed to have waived their defenses?

The landlord is entitled to an immediate default for possession without further notice or hearing. Signup and view all the answers

What is the purpose of the court order notified to the tenant upon filing of the tenant's initial pleading, motion, or other paper?

To notify the tenant of the requirement that rent be paid into the court registry. Signup and view all the answers

What happens if the tenant contests the amount of money to be placed into the court registry?

The hearing is limited to the factual or legal issues concerning whether the tenant has been properly credited by the landlord with any and all rental payments made, and what properly constitutes rent under the provisions of the lease. Signup and view all the answers

What is the consequence if the landlord prevails in the action?

The prevailing party shall have judgment for costs and execution shall issue therefor. Signup and view all the answers

What does 'good faith' mean in the context of a rental agreement?

Honesty in fact in the conduct or transaction concerned Signup and view all the answers

What is a 'landlord' according to Chapter 83 of the Florida Statutes?

The owner or lessor of a dwelling unit Signup and view all the answers

What is a 'rental agreement' according to Chapter 83 of the Florida Statutes?

Any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year Signup and view all the answers

What is 'transient occupancy' according to Chapter 83 of the Florida Statutes?

Occupancy that is intended to be temporary Signup and view all the answers

What happens if a court finds a rental agreement or provision to be unconscionable?

The court will refuse to enforce the rental agreement or limit the application of the unconscionable provision Signup and view all the answers

Unless otherwise agreed, when is rent payable?

At the beginning of each rent payment period Signup and view all the answers

If the rent is payable yearly, what is the duration of the tenancy?

From year to year Signup and view all the answers

What are 'security deposits'?

Any moneys held by the landlord as security for the performance of the rental agreement Signup and view all the answers

What is the obligation imposed on every rental agreement or duty within this part?

An obligation of good faith Signup and view all the answers

What determines the duration of a tenancy if the rental agreement contains no provision as to duration of the tenancy?

The period for which the rent is payable Signup and view all the answers

What is the minimum amount of money that a landlord must post as a surety bond?

$250,000 Signup and view all the answers

What is the interest rate that a landlord must pay to a tenant on their security deposit or advance rent?

5% per year simple interest Signup and view all the answers

How often must a landlord notify a tenant of changes to the manner or location of holding advance rent or a security deposit?

Within 30 days after the change Signup and view all the answers

What is not a requirement for a landlord's written notice to a tenant?

Providing a copy of the lease Signup and view all the answers

Which of the following exceptions applies to the landlord's notice requirement?

If the depository merges with another financial institution Signup and view all the answers

What is the consequence if a landlord fails to give written notice to a tenant?

There is no defense to the payment of rent when due Signup and view all the answers

Which of the following landlords is exempt from the surety bond requirement?

A landlord who rents fewer than 5 individual dwelling units Signup and view all the answers

What is the purpose of the surety bond?

To ensure the landlord's compliance with the law Signup and view all the answers

What type of residency or detention is excluded from the application of part II of chapter 400?

Residency or detention in a facility when residence or detention is incidental to the provision of medical services. Signup and view all the answers

What is preempted to the state according to s. 83.425?

The regulation of residential tenancies and the landlord-tenant relationship. Signup and view all the answers

What does 'advance rent' mean according to s. 83.43?

Moneys paid to the landlord to be applied to future rent payment periods. Signup and view all the answers

What is included in the definition of 'dwelling unit'?

All of the above Signup and view all the answers

What is an 'early termination fee'?

Any charge, fee, or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to terminate the rental agreement. Signup and view all the answers

What is exempt from the application of part II of chapter 83?

All of the above Signup and view all the answers

What is 'deposit money'?

Any money held by the landlord on behalf of the tenant, including damage deposits, security deposits, advance rent deposits, pet deposits, or any contractual deposit agreed to between landlord and tenant. Signup and view all the answers

What is included in 'building, housing, and health codes'?

Both A and B Signup and view all the answers

What is the purpose of s. 83.425?

To preempt local government regulations on matters covered under this part. Signup and view all the answers

What does s. 83.43 provide?

The definition of terms used in this part. Signup and view all the answers

What is the rate of interest that a landlord must pay to a tenant if the tenant's deposit money or advance rent is held in a separate interest-bearing account?

At least 75% of the annualized average interest rate payable on the account Signup and view all the answers

What is the amount of security deposits and advance rent that a landlord must post as a surety bond?

$50,000, whichever is less Signup and view all the answers

What is the purpose of the surety bond posted by the landlord?

To protect the tenant's security deposits and advance rent Signup and view all the answers

What happens if a landlord includes a void and unenforceable provision in a rental agreement?

The provision is void and unenforceable, and the aggrieved party may recover damages Signup and view all the answers

What is the consequence if a party suffers actual damages as a result of a void and unenforceable provision in a rental agreement?

The aggrieved party may recover damages Signup and view all the answers

In a civil action brought to enforce the provisions of the rental agreement or this part, who may recover reasonable attorney fees and court costs?

The party in whose favor a judgment or decree has been rendered Signup and view all the answers

What is the condition for a landlord to recover possession of rented premises?

The tenant has breached the rental agreement Signup and view all the answers

What type of bond must a landlord post if they choose not to hold the security deposits and advance rent in a separate account?

A surety bond Signup and view all the answers

What is the consequence if a landlord fails to comply with the provisions of this part regarding security deposits and advance rent?

The tenant may recover damages Signup and view all the answers

What is the purpose of the interest-bearing account in which the security deposits and advance rent are held?

To benefit the tenant and ensure the return of their security deposits and advance rent Signup and view all the answers

What is the timeframe within which the landlord must return the security deposit if they do not intend to impose a claim?

15 days Signup and view all the answers

What must the landlord include in the notice of intention to impose a claim on the security deposit?

All of the above Signup and view all the answers

What is the consequence if the landlord fails to give the required notice within the 30-day period?

The landlord forfeits the right to impose a claim on the security deposit Signup and view all the answers

What must the tenant do if they object to the imposition of the landlord's claim or the amount thereof?

Send a written objection to the landlord Signup and view all the answers

What is the timeframe within which the tenant must object to the imposition of the landlord's claim?

15 days Signup and view all the answers

What can the landlord do if the tenant does not object to the imposition of the claim within 15 days?

Deduct the claim from the security deposit Signup and view all the answers

What is the consequence if the landlord does not return the security deposit within 30 days after the date of the notice of intention to impose a claim?

The landlord forfeits the right to impose a claim on the security deposit Signup and view all the answers

What is the purpose of the notice of intention to impose a claim on the security deposit?

To inform the tenant of the landlord's intention to impose a claim Signup and view all the answers

Who may impose a fine or suspend/ revoke a license in cases where a person fails to comply with the provisions of this part?

The Division of Hotels and Restaurants of the Department of Business and Professional Regulation Signup and view all the answers

In what frequency must the landlord pay interest to the tenant, or credit it against the current month's rent?

Annually Signup and view all the answers

What must a landlord provide to a tenant who has agreed to pay a fee in lieu of a security deposit within 30 days after the conclusion of the tenancy?

An itemized list of costs and damages Signup and view all the answers

What happens to the tenant's right to seek damages if the tenant fails to make a timely objection?

The right remains unchanged Signup and view all the answers

What may an insurer seek from a tenant if the insurer has subrogation rights and has paid a claim submitted by a landlord?

Reimbursement for the amounts paid to the landlord Signup and view all the answers

What must a landlord notify a tenant of in writing if the landlord offers the tenant the option to pay a fee in lieu of a security deposit?

The option to pay a security deposit instead of the fee at any time Signup and view all the answers

Who is entitled to receive court costs plus a reasonable fee for their attorney in a security deposit dispute?

The prevailing party Signup and view all the answers

What happens to the security deposit when there is a sale or transfer of title of the rental property?

The security deposit is transferred to the new owner or agent Signup and view all the answers

What must a landlord do before submitting a claim to an insurer to recover the landlord's losses associated with unpaid rent, fees, or other obligations under the rental agreement?

Wait at least 15 days after providing the tenant with the required notice Signup and view all the answers

What is prohibited for a landlord to accept payment from?

A tenant and an insurer Signup and view all the answers

What is the minimum notice period required for a tenant to vacate or abandon the premises?

7 days Signup and view all the answers

What is the effect of a tenant failing to give the required notice before vacating or abandoning the premises?

The landlord is relieved of the notice requirement Signup and view all the answers

What may a tenant retain against an insurer if the insurer seeks reimbursement from the tenant?

Any defenses against the landlord Signup and view all the answers

What type of rentals are exempt from the provisions of this section?

Transient rentals by hotels or motels Signup and view all the answers

What type of notice must a landlord provide to a tenant if the tenant agrees to pay a fee in lieu of a security deposit?

Written notice Signup and view all the answers

Who is responsible for complying with the security deposit requirements?

Only individuals or business entities authorized to conduct business in the state Signup and view all the answers

What must a landlord include in the notice to a tenant if the tenant agrees to pay a fee in lieu of a security deposit?

That the tenant has the option to pay a security deposit instead of the fee at any time Signup and view all the answers

What is the effect of a landlord's compliance with this section?

The landlord is deemed to have complied with all other relevant Florida Statutes Signup and view all the answers

What is the purpose of the security deposit?

To compensate the landlord for damages to the premises Signup and view all the answers

What is the requirement for a written agreement to collect a fee in lieu of a security deposit?

It must be signed by the landlord or the landlord's agent, and the tenant Signup and view all the answers

What is the consequence if a tenant defaults on paying the fee in lieu of a security deposit?

The tenant's credit rating will not be adversely affected if the security deposit is timely paid Signup and view all the answers

What must a written agreement to collect a fee in lieu of a security deposit specify?

The amount of the fee, which may not be increased during the term of the rental agreement Signup and view all the answers

What is the effect of a tenant paying the amount of the security deposit specified in the rental agreement?

The tenant's default on paying the fee will not be reported to the credit bureau Signup and view all the answers

What is the requirement for the disclosure in the written agreement to collect a fee in lieu of a security deposit?

It must be in substantially the form specified in the statute Signup and view all the answers

What is the consequence if the landlord uses any portion of the fee to purchase insurance?

The tenant is not insured and is not a beneficiary of the landlord's insurance coverage Signup and view all the answers

What is the process for a tenant to terminate the written agreement to collect a fee in lieu of a security deposit?

The tenant may terminate the agreement at any time and stop paying the fee Signup and view all the answers

What is the purpose of the written agreement to collect a fee in lieu of a security deposit?

To secure occupancy without paying a required security deposit Signup and view all the answers

What is required to be specified in the written agreement to collect a fee in lieu of a security deposit?

The amount of the fee, how and when it is to be collected, and the process and timeframe for terminating the agreement Signup and view all the answers

What is the effect of the written agreement to collect a fee in lieu of a security deposit on the tenant's obligations under the rental agreement?

It does not limit or change the tenant's financial obligations under the rental agreement Signup and view all the answers

What is the responsibility of a landlord regarding the extermination of certain pests in a dwelling unit?

The landlord must make reasonable provisions for extermination, and the tenant must temporarily vacate the premises if necessary. Signup and view all the answers

What is the tenant's obligation regarding garbage in the dwelling unit?

To remove it in a clean and sanitary manner Signup and view all the answers

What type of devices must a landlord install in a single-family home or duplex at the commencement of the tenancy?

Smoke detection devices Signup and view all the answers

Under what circumstances is a landlord not liable for damages?

When the tenant temporarily vacates the premises for extermination. Signup and view all the answers

Under what circumstances can a landlord enter a dwelling unit?

With reasonable notice to the tenant and at a reasonable time Signup and view all the answers

What is the requirement for using a flotation bedding system in a dwelling unit?

Carrying flotation insurance in the tenant's name Signup and view all the answers

What is required of a landlord of a public lodging establishment classified under s. 509.242(1)(d) or (e)?

To require each employee to undergo a background screening as a condition of employment. Signup and view all the answers

What is the purpose of a landlord's right of access to a dwelling unit?

To inspect the premises and make necessary repairs Signup and view all the answers

What type of offenses may disqualify a person from employment in a public lodging establishment?

Criminal offenses involving disregard for the safety of others or violence Signup and view all the answers

What is the purpose of a background screening required under subsection (1)?

To screen for criminal history and sexual predator and sexual offender registries Signup and view all the answers

What can be enforced by civil action under this part?

Any right or duty declared in this part Signup and view all the answers

Who performs the background screening required under subsection (1)?

A consumer reporting agency Signup and view all the answers

What is the tenant's obligation regarding plumbing fixtures?

To keep them clean and sanitary and in repair Signup and view all the answers

What is the effect of a landlord's failure to comply with subsection (2)?

The tenant may raise a defense to an action for possession Signup and view all the answers

What is the tenant's obligation regarding the use of facilities and appliances?

To use them in a reasonable manner Signup and view all the answers

What is the consequence of a tenant unreasonably withholding consent to the landlord's entry?

The landlord can enter without notice Signup and view all the answers

What is the period of time for which a tenant must temporarily vacate the premises for extermination?

Up to 4 days Signup and view all the answers

What is the landlord's obligation regarding access to the dwelling unit?

To give reasonable notice to the tenant and enter at a reasonable time Signup and view all the answers

What type of laboratories are recognized as nationally recognized testing laboratories?

Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory Signup and view all the answers

What is the purpose of the landlord's right to enter the dwelling unit for protection or preservation?

To protect or preserve the premises Signup and view all the answers

Under the Protecting Tenants at Foreclosure Act, how much notice must a successor in interest provide to a bona fide tenant?

90 days Signup and view all the answers

What happens if a successor in interest wants to terminate a lease with a bona fide tenant who has leased a unit that will be occupied as a primary residence?

The lease is terminated on the date of sale Signup and view all the answers

What is required for a lease or tenancy to be considered bona fide?

The lease must be the result of an arms-length transaction and the rent is not substantially less than fair market rent Signup and view all the answers

What is the date of a notice of foreclosure considered to be?

The date on which complete title to a property is transferred to a successor entity or person Signup and view all the answers

What type of mortgage loan is affected by the Protecting Tenants at Foreclosure Act?

Federally-related mortgage loan Signup and view all the answers

What right does a bona fide tenant have under the Protecting Tenants at Foreclosure Act?

The right to occupy the premises until the end of the remaining term of the lease Signup and view all the answers

What is not affected by the Protecting Tenants at Foreclosure Act?

All of the above Signup and view all the answers

Under what circumstances can a successor in interest terminate a lease with a bona fide tenant without a lease or with a lease terminable at will?

With a 90-day notice Signup and view all the answers

What happens if the same noncompliance or conduct of a similar nature is repeated within 12 months?

The tenancy is subject to termination without further warning and without the opportunity to cure the noncompliance Signup and view all the answers

What is the minimum time period required for a landlord to terminate a rental agreement if the tenant fails to pay rent?

3 days Signup and view all the answers

What can a tenant do if the landlord fails to comply with the rental agreement or this part?

Sue the landlord for damages and terminate the rental agreement Signup and view all the answers

What is the effect of the landlord accepting partial rent for the period after posting the notice for nonpayment?

The landlord must provide the tenant with a receipt stating the date and amount received Signup and view all the answers

What happens if the landlord's failure to comply with the rental agreement renders the dwelling unit untenantable?

The tenant can terminate the rental agreement and is not liable for rent Signup and view all the answers

What is the requirement for a tenant who wishes to defend against an action by the landlord for possession of the unit for noncompliance of the rental agreement?

The tenant must comply with s. 83.60(2) Signup and view all the answers

What is the effect of the landlord waiving the right to terminate the rental agreement or bring a civil action for noncompliance?

The landlord can still terminate the rental agreement for subsequent noncompliance Signup and view all the answers

What is the notice period for terminating a rental agreement if the landlord's failure to comply does not render the dwelling unit untenantable?

7 days Signup and view all the answers

What is the requirement for the landlord to terminate the rental agreement if the tenant fails to comply with the rental agreement or relevant statutes?

The landlord must comply with s. 83.49(3) Signup and view all the answers

What happens if the tenant materially fails to comply with the rental agreement or this part?

The landlord can terminate the rental agreement and evict the tenant Signup and view all the answers

What is the effect of the landlord accepting rent with actual knowledge of a noncompliance by the tenant?

The landlord waives the right to terminate the rental agreement Signup and view all the answers

What is the notice period for the tenant to correct a non-compliance with the rental agreement or this part?

7 days Signup and view all the answers

What is the requirement for the landlord to post a new 3-day notice after accepting partial rent?

The landlord must post a new 3-day notice reflecting the new amount due Signup and view all the answers

What happens if the tenant fails to correct a non-compliance with the rental agreement or this part within 7 days?

The landlord can terminate the rental agreement and evict the tenant Signup and view all the answers

What is the form of the written notice to the tenant specifying the non-compliance?

A notice that cites the specific section of the statute or rental agreement Signup and view all the answers

What is the effect of the tenant failing to comply with s. 83.60(2) in defending against an action by the landlord for possession?

The court may enter a default judgment for removal of the tenant Signup and view all the answers

What is the requirement for the landlord to comply with after terminating the rental agreement?

The landlord must comply with s. 83.49(3) Signup and view all the answers

What happens if the tenant corrects the non-compliance within 7 days?

The tenant can continue the rental agreement with no changes Signup and view all the answers

What is the consequence of a subsequent or continuing non-compliance within 12 months of a written warning?

The landlord can terminate the rental agreement and evict the tenant Signup and view all the answers

What is the purpose of the written notice to the tenant specifying the non-compliance?

To demand the tenant to correct the non-compliance within 7 days Signup and view all the answers

What is a fee in lieu of a security deposit under Florida Statutes?

A recurring monthly fee or a one-time payment Signup and view all the answers

Who has exclusive discretion as to whether to offer a fee in lieu of a security deposit?

The landlord Signup and view all the answers

What must be disclosed in writing to the tenant under Florida Statutes?

The landlord's address or a person authorized to receive notices and demands Signup and view all the answers

What is the landlord's obligation under Florida Statutes?

To maintain the premises in good condition Signup and view all the answers

What is not required of the landlord under Florida Statutes?

To maintain a mobile home or other structure owned by the tenant Signup and view all the answers

When can a landlord accept an insurance product or a surety bond in lieu of a security deposit?

Only if the tenant purchases the insurance product or surety bond Signup and view all the answers

What applies to rental agreements entered into or renewed on or after July 1, 2023?

This section and other applicable sections of Florida Statutes Signup and view all the answers

What is the purpose of disclosing the landlord's address or person authorized to receive notices and demands?

To comply with Florida Statutes Signup and view all the answers

What is not altered or modified by this section of Florida Statutes?

The landlord's obligation to maintain the premises Signup and view all the answers

What is the result of the landlord's failure to comply with applicable building, housing, and health codes?

The landlord is liable for any damages caused by the failure Signup and view all the answers

What is the minimum notice period required from either the tenant or the landlord in a rental agreement with a specific duration?

30 days Signup and view all the answers

What happens if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement?

The tenant is liable for liquidated damages as specified in the rental agreement Signup and view all the answers

How many days before the start of the notification period must the landlord provide written notice to the tenant specifying the tenant's obligations under the notification provision?

15 days Signup and view all the answers

What happens if the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s. 83.57(3)?

The tenant is liable for an additional 1 month's rent Signup and view all the answers

What must the written notice from the landlord to the tenant specify?

The tenant's obligations under the notification provision contained in the lease and the date the rental agreement is terminated Signup and view all the answers

What is the purpose of the written notice from the landlord to the tenant?

To specify the tenant's obligations under the notification provision contained in the lease Signup and view all the answers

What is the maximum notice period that a rental agreement with a specific duration can require?

60 days Signup and view all the answers

What is the effect of the tenant failing to give the required notice before vacating the premises at the end of the rental agreement?

The tenant is liable for liquidated damages as specified in the rental agreement Signup and view all the answers

What is meant by 'good faith in attempting to relet the premises'?

The landlord uses at least the same efforts to relet the premises as were used in the initial rental Signup and view all the answers

What is the maximum amount of liquidated damages or early termination fee that a landlord can charge a tenant?

2 months' rent Signup and view all the answers

What is the minimum notice period required for a tenant to terminate the rental agreement and pay an early termination fee?

60 days Signup and view all the answers

What can a landlord recover from a tenant in addition to liquidated damages or an early termination fee?

Rent and other charges accrued through the end of the month, and charges for damages to the dwelling unit Signup and view all the answers

What is the defense that a tenant can raise if the landlord has failed to comply with s. 83.51(1)?

Material noncompliance with s. 83.51(1) Signup and view all the answers

What is the effect of a material noncompliance with s. 83.51(1) on an action for possession?

The court or jury determines the amount by which the rent is to be reduced Signup and view all the answers

How must a tenant provide notice to the landlord of a material noncompliance with s. 83.51(1)?

In writing Signup and view all the answers

What is the consequence if the landlord fails to cure a deficiency in a notice or in the pleadings?

The court may dismiss the action for possession Signup and view all the answers

What is the purpose of the separate addendum to the rental agreement containing a provision for liquidated damages or an early termination fee?

To indicate acceptance of liquidated damages or an early termination fee by the tenant Signup and view all the answers

What is the consequence if the landlord waives the right to seek additional rent beyond the month in which the landlord retakes possession?

The tenant is not liable for rent beyond the month in which the landlord retakes possession Signup and view all the answers

What can a landlord recover if a tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement?

Double the amount of rent due on the dwelling unit Signup and view all the answers

What is the process by which a landlord can recover possession of a dwelling unit?

Filing a complaint in county court and following the summary procedure provided in s. 51.011 Signup and view all the answers

Under what circumstances can a landlord recover possession of a dwelling unit?

All of the above, plus when the tenant has not paid rent Signup and view all the answers

What is the presumption if a tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments?

That the tenant has abandoned the dwelling unit Signup and view all the answers

What can a landlord do if a tenant breaches the rental agreement and the landlord has obtained a writ of possession?

Treat the rental agreement as terminated and retake possession for their own account Signup and view all the answers

What is the duty of a landlord if they retake possession of the dwelling unit for the account of the tenant?

To exercise good faith in attempting to relet the premises Signup and view all the answers

What happens to rent received by the landlord as a result of reletting the premises?

It is applied to the balance of rent due from the tenant Signup and view all the answers

What is the prevailing party entitled to in an action for possession?

A judgment for costs and execution Signup and view all the answers

Under what circumstances can a landlord recover possession of a dwelling unit used in connection with a federally administered or regulated housing program?

Never, regardless of the circumstances Signup and view all the answers

What happens to the landlord's right to recover possession of a dwelling unit if the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative?

The landlord can recover possession of the dwelling unit Signup and view all the answers

What happens if a tenant fails to pay the rent into the registry of the court or file a motion to determine the amount of rent to be paid into the registry within 5 days after the date of service of process?

The tenant's defenses other than payment are waived, and the landlord is entitled to an immediate default judgment. Signup and view all the answers

If a court finds that the rent is due, owing, and unpaid in an action by the landlord for possession of a dwelling unit, what will the court direct?

Entry of a money judgment with costs in favor of the landlord Signup and view all the answers

What happens when a landlord applies to the court for disbursement of funds in the registry of the court?

The court will advance the cause on the calendar and may award all or any portion of the funds to the landlord. Signup and view all the answers

What is the consequence if the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant?

The tenant may terminate the rental agreement and immediately vacate the premises Signup and view all the answers

What is an example of conduct for which the landlord may not retaliate against the tenant?

Organizing a tenant organization Signup and view all the answers

What happens after a writ of possession is issued in favor of the landlord?

The sheriff will post notice on the premises, and the tenant will have 24 hours to vacate. Signup and view all the answers

What is the responsibility of the landlord or the landlord's agent after executing the writ of possession?

To remove the tenant's personal property from the premises to or near the property line. Signup and view all the answers

What is required for a tenant to raise the defense of retaliatory conduct?

The tenant must have acted in good faith Signup and view all the answers

What is an example of good cause for eviction?

The tenant has violated the rental agreement Signup and view all the answers

What is the landlord's responsibility regarding the tenant's personal property after executing the writ of possession?

The landlord is not liable for the loss, destruction, or damage to the property after it has been removed. Signup and view all the answers

What is the definition of discrimination under this chapter?

Treating a tenant differently as to the rent charged or services rendered Signup and view all the answers

What is the requirement for public housing tenants or tenants receiving rent subsidies in an action by the landlord for possession of a dwelling unit?

They must deposit only that portion of the full rent for which they are responsible pursuant to the federal, state, or local program. Signup and view all the answers

What happens if a landlord requests the sheriff to stand by to keep the peace while the landlord changes the locks and removes the personal property from the premises?

The sheriff will assist the landlord and charge a reasonable hourly rate. Signup and view all the answers

What happens if the landlord proves that the eviction is for good cause?

This section does not apply Signup and view all the answers

What is the effect of a tenant holding over in the possession of the premises without renewing the lease?

The landlord may recover possession of the premises Signup and view all the answers

What is the effect of a tenant's failure to pay rent into the registry of the court or file a motion to determine the amount of rent to be paid into the registry within 5 days after the date of service of process?

The tenant's defenses other than payment are waived, and the landlord is entitled to an immediate default judgment. Signup and view all the answers

What is the purpose of section 83.61 of the Florida Statutes?

To provide a procedure for the disbursement of funds in the registry of the court. Signup and view all the answers

What must the landlord do if the rental agreement is terminated due to casualty damage?

Comply with s. 83.49(3) Signup and view all the answers

What happens when the tenant has deposited funds into the registry of the court in accordance with the provisions of section 83.60(2) and the landlord is in actual danger of loss of the premises or other personal hardship?

The landlord is entitled to apply to the court for disbursement of all or part of the funds. Signup and view all the answers

What is the effect of a money judgment entered against the tenant?

The landlord may enter the judgment for the amount found due, owing, and unpaid by the tenant Signup and view all the answers

A landlord shall not discriminate against a prospective tenant on what grounds?

Servicemember status Signup and view all the answers

What is the minimum size of a United States flag that a tenant may display?

4 and 1/2 feet by 6 feet Signup and view all the answers

What is the consequence of a landlord violating any provision of this section?

The landlord is liable to the tenant for actual and consequential damages or 3 months' rent, whichever is greater Signup and view all the answers

Under what circumstances can a landlord remove the outside doors, locks, roof, walls, or windows of the unit?

For purposes of maintenance, repair, or replacement Signup and view all the answers

What is required for a landlord to be exempt from liability for storage or disposition of a tenant's personal property?

A written agreement separate from the rental agreement Signup and view all the answers

What is the effect of a landlord's violation of this section?

The landlord is liable to the tenant for damages and the tenant may seek injunctive relief Signup and view all the answers

What is the minimum period of notice required for a landlord to terminate a tenancy?

Not specified in this section Signup and view all the answers

What is the basis for a landlord's action for use and occupation?

Not specified in this section Signup and view all the answers

What is the effect of a landlord's removal of the tenant's personal property?

The landlord is liable to the tenant for damages Signup and view all the answers

What is the result of a landlord's failure to comply with this section?

The landlord is liable to the tenant for damages and costs Signup and view all the answers

Under what circumstances can a servicemember terminate their rental agreement?

If they receive permanent change of station orders, are prematurely discharged, or are released from active duty Signup and view all the answers

What is required to accompany a servicemember's notice to the landlord?

Both a and b Signup and view all the answers

What happens if a servicemember dies during active duty?

An adult member of their immediate family may terminate the rental agreement Signup and view all the answers

How much notice must a servicemember give to their landlord when terminating their rental agreement?

At least 30 days Signup and view all the answers

What is the definition of 'government quarters' in this context?

Any military housing option Signup and view all the answers

What is the minimum distance from the rental premises required for a servicemember to terminate their rental agreement due to a change of station?

35 miles Signup and view all the answers

What is the liability of a servicemember who terminates their rental agreement?

They are liable for rent up to the date of termination Signup and view all the answers

Under what circumstances can a landlord petition the court for an injunction against a tenant?

If the tenant is intentionally destroying or damaging the landlord's property Signup and view all the answers

What is the minimum amount of evidence required to show irreparable harm for the purposes of injunctive relief?

Evidence of damage in excess of twice the value of money deposited with the landlord Signup and view all the answers

Who can terminate a rental agreement if a servicemember dies during active duty?

An adult member of the servicemember's immediate family Signup and view all the answers

What happens if a tenant terminates the rental agreement 14 or more days prior to occupancy?

The tenant is not liable for any other rent or damages. Signup and view all the answers

How long does a landlord have to complete processing of a rental application submitted by a servicemember?

7 days Signup and view all the answers

What is the short title of Sections 83.801-83.809 of the Florida Statutes?

The Self-Storage Facility Act Signup and view all the answers

What is the definition of 'last known address' in the context of self-service storage facilities?

The latest written change-of-address notice provided by the tenant Signup and view all the answers

Who is considered the 'owner' of a self-service storage facility?

All of the above Signup and view all the answers

What is the purpose of the notice given to a servicemember who has submitted a rental application?

To notify them of the approval or denial of their application Signup and view all the answers

Can the provisions of Section 83.683 be waived or modified by the agreement of the parties?

No, under any circumstances Signup and view all the answers

What is the consequence if a landlord fails to complete processing of a rental application within 7 days?

The landlord must lease the rental unit to the servicemember Signup and view all the answers

What is the type of property that is subject to a landlord's lien?

Personal property found on the premises Signup and view all the answers

What is the basis of a landlord's action for use and occupation?

The rental agreement Signup and view all the answers

What is the minimum size of a self-contained storage unit?

200 cubic feet Signup and view all the answers

What type of property is not allowed to be used for residential purposes in a self-service storage facility?

Individual storage space Signup and view all the answers

When can an owner of a self-service storage facility deny a tenant access to their personal property?

After 5 days from the date the rent is due Signup and view all the answers

What type of notice must be given to a tenant by an owner of a self-service storage facility when enforcing a lien on personal property?

Written notice delivered in person or by e-mail Signup and view all the answers

What is the purpose of a self-service storage facility?

To rent or lease individual storage space to tenants Signup and view all the answers

What is NOT a type of document that may be issued by an owner of a self-service storage facility?

Lease agreement Signup and view all the answers

What happens if an owner of a self-service storage facility issues a warehouse receipt, bill of lading, or document of title?

The provisions of Chapter 83 do not apply Signup and view all the answers

Who has a lien on personal property located in a self-service storage facility or self-contained storage unit?

The owner of the facility or unit Signup and view all the answers

When does the lien on personal property located in a self-service storage facility or self-contained storage unit attach?

When the tenant takes possession of the facility or unit Signup and view all the answers

What is the purpose of the notice required to be given to a tenant by an owner of a self-service storage facility when enforcing a lien on personal property?

To inform the tenant of the lien Signup and view all the answers

What is required to be included in the notice sent to the tenant by the owner of a self-service storage facility or self-contained storage unit?

An itemized statement of the owner's claim, description of the personal property, and a demand for payment. Signup and view all the answers

What is the presumed method of delivery for a notice given pursuant to this section?

First-class mail with a certificate of mailing. Signup and view all the answers

What is the minimum time period required for publishing an advertisement of the sale or other disposition of personal property?

Once a week for 2 consecutive weeks. Signup and view all the answers

What is the minimum time period required for the sale or other disposition of personal property to take place after the first publication?

At least 15 days. Signup and view all the answers

What is required for the tenant to redeem the personal property?

Pay the amount necessary to satisfy the lien and reasonable expenses. Signup and view all the answers

What happens if the tenant fails to redeem the personal property or satisfy the lien?

The tenant will be deemed to have unjustifiably abandoned the self-service storage facility or self-contained storage unit. Signup and view all the answers

What is required for the advertisement of the sale or other disposition of personal property if there is no newspaper of general circulation in the area?

Post at least 10 days before the date of the sale or other disposition in at least three conspicuous places in the neighborhood. Signup and view all the answers

What is the purpose of the notice sent to the tenant by the owner of a self-service storage facility or self-contained storage unit?

To notify the tenant of the pending sale of the personal property stored. Signup and view all the answers

What is the effect of the tenant redeeming the personal property?

The owner shall have no liability to any person with respect to the personal property. Signup and view all the answers

What is the requirement for the sale or other disposition of the personal property?

It must be conducted in a commercially reasonable manner. Signup and view all the answers

When a purchaser in good faith buys personal property to satisfy a lien, what claims does the property take free of?

All claims, except those interests provided for in s. 83.808 Signup and view all the answers

What happens to the proceeds of a sale under this section if the owner's lien does not have priority over all other liens?

The proceeds are held for the benefit of the holders of those liens having priority Signup and view all the answers

What is the time limit for the tenant or secured lienholders to claim the sale proceeds after the date of sale?

2 years Signup and view all the answers

What is the limit on the value of property stored in the tenant's storage space if the rental agreement contains a limit?

The limit is deemed to be the maximum value of the property stored in such space Signup and view all the answers

What happens to a motor vehicle or watercraft if rent and other charges remain unpaid or unsatisfied for 60 days after the maturity of the obligation to pay the rent and other charges?

The facility or unit owner may sell the property pursuant to this section or have the property towed Signup and view all the answers

What is the purpose of s. 83.808?

To govern the rights of parties to create liens by special contract or agreement Signup and view all the answers

What must a rental agreement or application for a rental agreement contain?

A provision disclosing whether the applicant is a member of the uniformed services Signup and view all the answers

What is the maximum amount of a late fee that a facility or unit owner may charge a tenant?

The greater of $20 or 20% of the monthly rent Signup and view all the answers

What happens if a tenant does not claim the balance of the proceeds within 2 years after the date of sale?

The proceeds are deemed abandoned, and the owner shall have no further obligation with regard to the payment of the balance Signup and view all the answers

What must a facility or unit owner do if rent and other charges remain unpaid or unsatisfied for 60 days after the maturity of the obligation to pay the rent and other charges?

Sell the property at a public auction Signup and view all the answers

Study Notes

Florida Statutes Chapter 83: Landlord and Tenant

Application and Scope

Chapter 83 applies to nonresidential tenancies and all tenancies not governed by part II of this chapter.

Leases and Tenancies

Unwritten Lease Tenancy at Will

Any lease of lands and tenements without a written agreement is deemed a tenancy at will.
The tenancy period is determined by the rent payment period (e.g., week to week, month to month, etc.).

Written Leases

A written lease with an unlimited term is considered a tenancy at will.
The tenancy period is determined by the rent payment period (e.g., week to week, month to week, etc.).

Termination of Tenancy at Will

Either party can terminate a tenancy at will by giving notice:
- 3 months' notice for year-to-year tenancy.
- 45 days' notice for quarter-to-quarter tenancy.
- 15 days' notice for month-to-month tenancy.
- 7 days' notice for week-to-week tenancy.

Holding Over After Term

If a tenant holds over after the lease term expires without renewing the lease, it is considered a tenancy at sufferance.
The landlord can recover possession of the premises as provided by law.

Landlord's Remedies

Right of Possession Upon Default in Rent

If a tenant fails to pay rent, the landlord can obtain possession of the premises.
The landlord can recover possession through an action for possession, surrender of the premises, or abandonment.

Landlord's Lien for Rent

A landlord has a lien on the property found on the premises for unpaid rent.
The lien is superior to all other liens, except for liens acquired prior to the bringing of the property onto the premises.

Exemptions from Liens for Rent

The following property is exempt from distress and sale for rent:
- Beds, bedclothes, and wearing apparel.

Distress for Rent

Complaint and Writ

A landlord can file a complaint and obtain a writ of distress to recover rent due.
The writ enjoins the defendant from damaging, disposing of, or removing property liable to distress.

Levy of Writ

The sheriff executes the writ by levying on property distrainable for rent or advances.
The property is sold, and the proceeds are applied to the execution.

Replevy of Distrained Property

The defendant can restore the property by giving a bond with surety to the sheriff.
The bond is conditioned to abide the final order of the court.

Trial and Judgment

Verdict and Judgment

If the verdict is for the plaintiff, judgment is rendered against the defendant for the amount or value of the rental or advances, including interest and costs.
If the verdict is for the defendant, the action is dismissed, and the defendant has judgment and execution against the plaintiff for costs.

Causes for Removal of Tenants

Causes for Removal

A tenant can be removed from the premises for:
- Holding over without permission after the expiration of the tenant's time.
- Holding over without permission after default in the payment of rent.
- Failing to cure a material breach of the lease or oral agreement, other than nonpayment of rent.

Notice to Landlord of Failure to Maintain or Repair

Withholding Rent

A tenant can withhold rent if the landlord has failed or refused to maintain or repair the premises, rendering them wholly untenantable.
The tenant must serve the landlord with a written notice declaring the premises untenantable and give the landlord at least 20 days to make the repairs.

Waiver of Right to Proceed with Eviction Claim

Waiver of Right to Proceed

If a landlord accepts the full amount of rent past due with knowledge of the tenant's breach of the lease by nonpayment, it is considered a waiver of the landlord's right to proceed with an eviction claim for nonpayment of that rent.### Florida Residential Landlord and Tenant Act

Removal of Tenant

After at least two attempts to serve the defendant, the sheriff shall attach the summons to the premises if the defendant cannot be found in the county and has no usual place of abode in the county or no person 15 years or older residing at the defendant's usual place of abode.
The minimum time delay between the two attempts to obtain service is 6 hours.

Judgment for Final Removal of the Defendant

Service shall be effective on the date of posting or mailing, whichever occurs later.
At least 5 days must have elapsed before a judgment for final removal of the defendant may be entered.

Rent Paid into Registry of Court

In an action by the landlord that includes a claim for possession of real property, the tenant shall pay into the court registry the amount alleged in the complaint as unpaid, or the amount determined by the court.
Unless the tenant disputes the amount of accrued rent, the tenant must pay the amount alleged in the complaint into the court registry on or before the date on which his or her answer to the claim for possession is due.

Obligation of Good Faith

Every rental agreement or duty within this part imposes an obligation of good faith in its performance or enforcement.

Unconscionable Rental Agreement or Provision

If the court finds a rental agreement or any provision of a rental agreement to have been unconscionable at the time it was made, the court may refuse to enforce the rental agreement, enforce the remainder of the rental agreement without the unconscionable provision, or so limit the application of any unconscionable provision as to avoid any unconscionable result.

Rent and Duration of Tenancies

Rent is payable without demand or notice, and periodic rent is payable at the beginning of each rent payment period.
The duration of the tenancy is determined by the periods for which the rent is payable.

Prohibited Provisions in Rental Agreements

A provision in a rental agreement is void and unenforceable if it purports to waive or preclude the rights, remedies, or requirements set forth in this part.

Attorney Fees

In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party.

Deposit Money or Advance Rent

Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord's agent shall either:
- Hold the total amount of such money in a separate non-interest-bearing account or interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants.
- Post a surety bond with the clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security deposits and advance rent held on behalf of the tenants or $50,000, whichever is less.### Landlord's Bond and Notice Requirements
A landlord must post a surety bond to protect tenants in case of violations of this section, with the Governor as the beneficiary.
The bond amount is either the total security deposit or advance rent held, or $250,000, whichever is less.
Landlords must pay 5% annual simple interest to tenants on deposit moneys or advance rent.

Alternative Bond Option for Large Landlords

Landlords with properties in five or more counties can post a single surety bond with the Secretary of State's office.
This bond must be in the same amount as required for individual counties.

Notice Requirements for Tenants

Landlords must provide written notice to tenants within 30 days of receiving advance rent or a security deposit.
Notice must include disclosure of the advance rent or security deposit and the location where it is being held.
If the landlord changes the manner or location of holding the deposit, they must notify the tenant within 30 days.
Landlords are exempt from providing new notice if the depository merges, changes its name, or transfers ownership.

Exceptions and Additional Requirements

These requirements do not apply to landlords renting fewer than five individual dwelling units.
Failure to provide notice is not a defense to paying rent when due.
Written notice must be given in person or by mail to the tenant and include the depository's name and address, or state that a surety bond has been posted.

Landlord-Tenant Relationships

Security Deposits

A landlord or their agent may disburse advance rents from the deposit account without notice to the tenant when the advance rental period commences.
Upon vacating the premises, the landlord has 15 days to return the security deposit with interest (if applicable) or 30 days to give written notice of intention to impose a claim on the deposit.
The notice must include the reason for the claim and the amount, and the tenant must object in writing within 15 days to contest the claim.

Fees in Lieu of Security Deposits

A landlord may offer a tenant the option to pay a fee in lieu of a security deposit.
The fee is nonrefundable and does not limit or change the tenant's obligation to pay rent and fees or repair damages beyond normal wear and tear.
The landlord must provide written notice of the option to pay a fee in lieu of a security deposit and obtain a signed agreement from the tenant.
The agreement must specify the amount of the fee, how and when it is to be collected, and the process for terminating the agreement.

Landlord's Obligations

The landlord must comply with building, housing, and health codes or maintain the premises in good repair.
The landlord is responsible for exterminating pests, maintaining locks and keys, and ensuring clean and safe common areas.
The landlord must provide working smoke detection devices in single-family homes and duplexes.

Tenant's Obligations

The tenant must temporarily vacate the premises for extermination or maintenance when necessary.
The tenant is responsible for damages caused by their negligent or wrongful acts or omissions.

Disclosure of Landlord's Address

The landlord must disclose their address or the address of a person authorized to receive notices and demands in writing to the tenant at or before the commencement of the tenancy.### Background Screening of Apartment Employees
Landlords of public lodging establishments must require their employees to undergo background screening as a condition of employment
The background screening must be performed by a consumer reporting agency and include a screening of criminal history records and sexual predator and sexual offender registries of all 50 states and the District of Columbia
A landlord may disqualify a person from employment if they have been convicted or found guilty of certain offenses, including criminal offenses involving disregard for the safety of others, violence, and more

Tenant's Obligation to Maintain Dwelling Unit

Tenants must comply with all obligations imposed on them by applicable building, housing, and health codes
Tenants must keep the premises clean and sanitary, remove garbage, and use facilities and appliances in a reasonable manner
Tenants must not destroy, deface, damage, or remove any part of the premises or property belonging to the landlord
Tenants must conduct themselves in a manner that does not unreasonably disturb their neighbors or breach the peace

Landlord's Access to Dwelling Unit

Tenants must not unreasonably withhold consent to the landlord to enter the dwelling unit for certain purposes, including inspection, repair, and exhibition
The landlord may enter the dwelling unit at any time for the protection or preservation of the premises
The landlord must give reasonable notice to the tenant before entering the dwelling unit, except in cases of emergency or if the tenant unreasonably withholds consent

Flotation Bedding System

Landlords cannot prohibit tenants from using a flotation bedding system in a dwelling unit, as long as it does not violate applicable building codes
Tenants must carry flotation insurance in their name to protect against personal injury and property damage

Enforcement of Rights and Duties

Any right or duty declared in the chapter is enforceable by civil action
A right or duty enforced by civil action does not preclude prosecution for a criminal offense related to the lease or leased property

Right of Action for Damages

If either the landlord or tenant fails to comply with the requirements of the rental agreement or the chapter, the aggrieved party may recover damages caused by the noncompliance

Termination of Rental Agreement

If the landlord materially fails to comply with the chapter or the rental agreement, the tenant may terminate the rental agreement
If the tenant materially fails to comply with the chapter or the rental agreement, the landlord may terminate the rental agreement
The notice requirements for terminating the rental agreement may not be waived in the lease

Here are the study notes for the text:

Termination of Tenancy with Specific Duration

A rental agreement with a specific duration can have a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement.
The notice period cannot be less than 30 days or more than 60 days from either the tenant or the landlord.
If the tenant fails to give the required notice, they may be liable for liquidated damages as specified in the rental agreement.

Remedies for Tenant Holding Over

If the tenant holds over and continues in possession of the dwelling unit after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit.
The landlord may also recover double the amount of rent due on the dwelling unit for the period during which the tenant refuses to surrender possession.

Right of Action for Possession

If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit.
To do so, the landlord must file a complaint in the county court, describing the dwelling unit and stating the facts that authorize its recovery.

Choice of Remedies upon Breach or Early Termination

If the tenant breaches the rental agreement and the landlord has obtained a writ of possession, the landlord may:
- Treat the rental agreement as terminated and retake possession for their own account.
- Retake possession of the dwelling unit for the account of the tenant, holding the tenant liable for the difference between the rent stipulated to be paid and what the landlord is able to recover.
- Stand by and do nothing, holding the tenant liable for the rent as it comes due.
- Charge liquidated damages or an early termination fee to the tenant if agreed upon in the rental agreement.

Defenses to Action for Rent or Possession

In an action by the landlord for possession or rent, the tenant may defend on the grounds of material noncompliance with the landlord's obligations.
The tenant may also raise other defenses, including retaliatory conduct by the landlord.

Disbursement of Funds in Registry of Court

When the tenant has deposited funds into the registry of the court, the landlord may apply to the court for disbursement of all or part of the funds or for a prompt final hearing.

Restoration of Possession to Landlord

After entry of judgment in favor of the landlord, the clerk shall issue a writ to the sheriff, commanding the sheriff to put the landlord in possession of the premises after 24 hours' notice.
The landlord or their agent may remove any personal property found on the premises to or near the property line.

Power to Award Possession and Enter Money Judgment

In an action by the landlord for possession based on nonpayment of rent, the court may award possession of the premises to the landlord and enter a money judgment with costs in favor of the landlord.

Casualty Damage

If the premises are damaged or destroyed, the tenant may terminate the rental agreement and vacate the premises.
The tenant's liability for rent shall be reduced by the fair rental value of the part of the premises damaged or destroyed.

Retaliatory Conduct

It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services, or to bring or threaten to bring an action for possession, primarily because the landlord is retaliating against the tenant.
Examples of conduct for which the landlord may not retaliate include:
- The tenant complaining to a governmental agency about a suspected violation of a building, housing, or health code.
- The tenant organizing, encouraging, or participating in a tenant organization.
- The tenant complaining to the landlord about a repair or maintenance issue.

Prohibited Practices

A landlord shall not:
- Cause, directly or indirectly, the termination or interruption of any utility service furnished to the tenant.
- Prevent the tenant from gaining reasonable access to the dwelling unit.
- Discriminate against a servicemember in offering a dwelling unit for rent or in any of the terms of the rental agreement.
- Prohibit a tenant from displaying one portable, removable, cloth or plastic United States flag in a respectful manner.
- Remove the outside doors, locks, roof, walls, or windows of the unit, except for purposes of maintenance, repair, or replacement.### Landlord-Tenant Rights and Remedies
A landlord who violates any provision of the section is 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.
A violation of this section constitutes irreparable harm for the purposes of injunctive relief.

Orders to Enjoin Violations

A landlord can petition the county or circuit court for an injunction prohibiting the tenant from continuing to violate any of the provisions of the part.
The court shall grant the relief requested in conformity with the principles that govern the granting of injunctive relief from threatened loss or damage in other civil cases.
Evidence of a tenant's intentional destruction, damage, or misuse of the landlord's property in an amount greater than twice the value of money deposited with the landlord or $300, whichever is greater, shall constitute irreparable harm for the purposes of injunctive relief.

Termination of Rental Agreement by a Servicemember

A servicemember can terminate his or her rental agreement by providing the landlord with a written notice of termination to be effective on the date stated in the notice, which is at least 30 days after the landlord's receipt of the notice.
The notice must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember's commanding officer.
In the event a servicemember dies during active duty, an adult member of his or her immediate family may terminate the servicemember's rental agreement.

Rental Application by a Servicemember

If a landlord requires a prospective tenant to complete a rental application before residing in a rental unit, the landlord must complete processing of a rental application submitted by a prospective tenant who is a servicemember within 7 days after submission.
The landlord must notify the servicemember in writing of an application approval or denial and, if denied, the reason for denial within the 7-day period.

Self-Service Storage Facility

The Self-storage Facility Act (ss. 83.801-83.809) applies to self-service storage facilities and self-contained storage units.
An owner of a self-service storage facility or self-contained storage unit has a lien upon all personal property, whether or not owned by the tenant, located at the facility or in the unit for rent, labor charges, or other charges.
The lien attaches as of the date the personal property is brought to the facility or the date the tenant takes possession of the unit.

Enforcement of Lien

Upon the failure of a tenant to pay the rent when it becomes due, the owner may deny the tenant access to the personal property.
The owner may publish an advertisement of the sale or other disposition of the personal property after giving notice to the tenant.
Any sale or disposition of the personal property shall conform to the terms of the notification.
A purchaser in good faith of the personal property sold to satisfy a lien takes the property free of any claims, except those interests provided for in s. 83.808.### Late Fees and Expenses
A late fee of $20 or 20% of the monthly rent, whichever is greater, is considered reasonable and not a penalty.
Facility or unit owners can also charge a tenant a reasonable fee for expenses incurred due to rent collection or lien enforcement.

Application of the Act

The act does not impair or affect the right of parties to create additional rights, duties, and obligations through a rental agreement.
Provisions in ss. 83.801-83.809 are in addition to other rights allowed by law in a creditor-debtor or landlord-tenant relationship.
Chapter 82-151, Laws of Florida, applies to all rental agreements entered into, extended, or renewed after July 1, 1982.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

This quiz covers the laws and regulations governing nonresidential tenancies in Florida, including lease agreements and tenancy duration.

Florida Landlord-Tenant Law 7/16/2024

Choose a study mode

Podcast

Questions and Answers

What type of tenancy is created if a lease is not in writing and signed by the lessor?

How is the duration of a tenancy at will determined?

What is the duration of a tenancy if the rent is payable quarterly?

What applies to nonresidential tenancies and all tenancies not governed by part II of this chapter?

What is required for a lease to be deemed a tenancy at will?

What determines the term of a tenancy at will?

What is the minimum notice period required to terminate a tenancy from year to year?

What happens when a tenant holds over in the possession of the premises without renewing the lease?

What is the right of the landlord if the tenant fails to pay rent?

How can a landlord recover possession of rented premises?

What is the period of time after which it is presumed that a tenant has abandoned the rented premises?

What can a landlord demand from a tenant who refuses to give up possession of the premises?

What is the minimum notice period required to terminate a tenancy from quarter to quarter?

What happens when the holding over is continued with the written consent of the lessor?

What is the condition for the landlord to recover possession of rented premises through abandonment?

What happens when a landlord serves a notice pursuant to s. 83.20(2) and 10 days have elapsed?

What is the basis of a landlord's action for use and occupation?

What type of lien does a landlord have on property found on the premises leased or rented?

What is exempt from distress and sale for rent?

What is the basis of a landlord's lien for advances?

What is the jurisdiction of the court in an action for distress for rent?

What must be alleged in the complaint for distress for rent?

What is the effect of a demise or agreement not by deed?

What type of property is subject to a landlord's lien for advances?

What is the relationship between a landlord's lien for rent and a lien for advances?

Who may file an action for distress for rent?

Who issues a distress writ?

What happens if the defendant violates the command of the distress writ?

What must the plaintiff or the plaintiff's agent or attorney file before the distress writ issues?

What happens to the property if the plaintiff shows by a sworn statement that the defendant cannot be found within the state?

When can the defendant move for dissolution of a distress writ?

What happens if the defendant defaults or the plaintiff proves a prima facie case?

How can the property be restored to the defendant?

What is required for a bond to be approved by the sheriff?

What can be entered against the surety on a bond?

What happens to the property if it is in another jurisdiction?

If a landlord causes a defendant to be served with a summons and complaint, how many additional copies of the complaint must the landlord provide to the clerk of the court?

How must the copies of the summons and complaint be mailed by the clerk of the court?

What happens to the property distrained if the judgment is for the plaintiff?

What is the minimum number of days required for advertising a sale of levied property?

When is service of process considered effective in an eviction proceeding?

What happens if the defendant appeals and obtains supersedeas in a distress for rent case?

What must a plaintiff do to be awarded a money judgment in addition to possession of the premises?

What is one of the grounds for removing a tenant from rented premises?

What must a tenant do in an action by the landlord for possession of real property?

How is a notice requiring the payment of rent or the possession of the premises served on the tenant?

What may the court order a tenant to do during the pendency of an action for possession?

What is required for a landlord to recover possession of rented premises?

What is the period of notice required for a landlord to terminate a tenancy for a material breach of the lease?

What happens if a third person claims property distrained?

What is the minimum time period that must elapse before a judgment for final removal of the defendant may be entered?

What is the effect of a verdict or finding of the court for the defendant in a distress for rent case?

What must a landlord do if a tenant has interposed the defense of payment or satisfaction?

What is the purpose of a supersedeas bond in a distress for rent case?

When may the court extend the time period for payment into the court registry?

When can property distrained be delivered to the plaintiff as payment on the execution?

When the lease is silent on the procedure to be followed to effect repair or maintenance, what is the right of the tenant?

What happens if the landlord completes the repair or maintenance?

What is the effect of the landlord's acceptance of the full amount of rent past due with knowledge of the tenant's breach?

Where must the complaint for removal of the tenant be filed?

What happens if the defendant cannot be found in the county where the action is pending?

What is the minimum time delay required between the two attempts to obtain service?

What happens if the landlord fails to complete the repair or maintenance?

What is the purpose of the notice to the landlord?

What is cumulative to other existing remedies?

What is required for the landlord to recover possession of rented premises through abandonment?

What happens if a tenant fails to pay rent into the court registry pursuant to court order?

What is the purpose of the court order issued immediately upon filing of the tenant’s initial pleading, motion, or other paper?

What is the consequence if the landlord is in actual danger of loss of the premises or other hardship resulting from the loss of rental income from the premises?

What is the limited scope of the hearing regarding the dispute over the amount of money to be placed into the court registry?

What is the consequence if the tenant files a counterclaim for money damages?

What is the purpose of the writ issued to the sheriff after entry of judgment in favor of the plaintiff?

What is the consequence if the tenant is deemed to have waived their defenses?

What is the purpose of the court order notified to the tenant upon filing of the tenant's initial pleading, motion, or other paper?

What happens if the tenant contests the amount of money to be placed into the court registry?

What is the consequence if the landlord prevails in the action?