More and more people are renting their homes instead of buying them here in Florida. According to a study performed for the Florida Housing Finance Commission by the University of Florida, we know that:
- Between 2007 and 2014, Florida’s homeownership rate fell from 71 percent to 65 percent.
- Between 2007 and 2014, Florida added 216,742 renters with incomes below 60 percent of AMI and 248,383 renters with incomes above 100 percent of AMI.
- Florida added 839,527 rental units between 2000 and 2014.
- Florida added 302,470 renter households headed by someone age 55 or older between 2000 and 2014. More than half of these renters live alone.
Florida Landlords Must Obey Lease Agreements and Florida Statutes
Florida landlords have to be careful to follow state law and local ordinances when dealing with their residential tenants. Most tenants are aware that they should have a written lease agreement as well, which further defines their landlord’s legal duties and obligations. Landlords have to act within the law, or they can be held liable to their tenant for monetary damages.
For more, read our earlier posts that include:
- How to Get a Refund of Your Security Deposit from the Landlord When Renting a Home or Apartment
- Renting a Florida Condo? What Should You Be Aware of in that Form Lease? Does it Reflect New Florida Landlord Tenant Laws Effective in 2013?
- Florida Real Estate – Beware of Fraudulent Landlords
However, tenants also need to be aware that Florida landlords do have some basic legal rights regarding the residential property. Here are some basic legal rights provided to Florida landlords that anyone renting an apartment, condo, townhouse, or home needs to know.
When Can the Landlord Come Into Your Apartment and What if You’re Not Home?
Florida Landlord Can Make the Tenant Move with Nonrenewal Notice
Under Florida Statute 83.575, when a lease agreement specifies a specific duration or time period that it covers (e.g., a year, or a month-to-month), then the landlord is given the power to force the tenant to move by giving the tenant a “Notice of Non-Renewal” under the terms of that lease. (Note: the tenant has the power to do this, too.)
Here, Florida contract law applies. This situation is not an eviction of the tenant under real estate law. It is a party’s notification that he or she is not willing to continue with a renewal of an existing contract when that contract expires by its own terms.
The lease has to provide for a notice of nonrenewal in the agreement. And the landlord must comply with the contract language exactly as it is spelled out in the residential lease agreement.
Essentially, the notice must explain clearly to the tenant that the lease is not being renewed. The landlord will not be offering the residence for rent to the tenant after the lease ends.
How much time does the tenant get to move under the non-renewal notice?
Under Florida Statute 83.575, however, the lease agreement terms must not require more than 60 days’ notice from the Landlord to the Tenant of the ending of the lease.
If the lease does not have a specific time period defined for a nonrenewal, then Florida Statute 83.57 will define it:
- A year-to-year residential lease gets at least 60 days’ notice prior to the end of the lease term.
- Residential leases that extend from quarter to quarter get at least 30 days’ notice prior to the end of any quarterly period;
- Month to month residential leases get at least 15 days’ notice prior to the end of any monthly period;
- Week to week residential leases get at least 7 days’ notice prior to the end of any weekly period.
Florida Landlord Does Not Always Need to File Eviction Lawsuit to Remove the Tenant
Under Florida Statute 82.045, there may be situations where a Florida residential landlord can remove tenants from his or her property without going through the eviction process. Under this statute, the landlord is allowed to remove those who meet the statutory definintion of “transient occupant” with NO eviction process.
What is a “transient occupant” under Florida law?
Florida Statute 82.045 provides the legal elements that the landlord will have to establish in order to avoid an eviction lawsuit by proving the tenant is a “transient occupant.” Under the law, a “transient occupant” is:
- a person (not a company);
- who actually lived in the dwelling (apartment, condo, house) for a brief time period;
- who did not have a lease agreement (written or oral) with the landlord;
- and had an intent to live in the dwelling temporarily, i.e., whose occupancy was intended as transient in nature.
The statute also has a list of factors for landlords to use to legally establish that the tenant is a “transient occupant” under Florida law.
This list includes providing evidence such as (this is not an all-inclusive list):
- The person does not have an ownership interest in the property that legally entitles him or her to occupy the residential property.
- The person does not have a financial interest in the property that legally entitles him or her to occupy the residential property.
- The person does not have a leasehold interest in the property that legally entitles him or her to occupy the residential property.
- They haven’t got any accounts set up for the residence with any utility companies.
- The person does not list the residential property address as an official address of record with any governmental agency, including, but not limited to, the Florida Department of Highway Safety and Motor Vehicles.
- The person has not listed the residential property address on his or her voter registration.
- They do not get mail at the residential property.
- They pay a minimal amount of rent to stay at the residential property.
- They do not pay any rent at all to occupy the property.
- The person does not have a designated space of his or her own, such as a room, at the residential property.
- They have a very few personal belongings at the property.
- They do not have any personal belongings at the property.
- The person has an apparent permanent residence elsewhere than the property.
Under Florida Statute 82.045, Florida police and state law enforcement officers are authorized to demand that the “transient occupant” move out and surrender possession of the apartment, condo, or house to the landlord.
The police officer can only act after the landlord has provided a sword affidavit that comports with Florida Statute 82.045 and establishes the person is a “transient occupant” who has refused to leave after being requested to do so by the landlord.
If the police officer tells the person that they have to leave the residence, and they fail to do so, then they are held to be in violation of Florida law, including Florida Statute 810.08. They are considered a trespasser.
Florida Landlord Can Access and Enter the Tenant’s Home
Just because the tenant has rented the property as his home and sanctuary does not mean that the landlord cannot walk into the place.
A Florida landlord can legally access and enter the residence if he or she follows Florida Statute 83.53. However, the law is clear that the landlord is not to abuse the right of access nor use it to harass the tenant.
Under Florida Statute 83.53, a Florida landlord can access and enter the tenant’s home for the following reasons:
- to inspect the residential premises;
- to do necessary repairs to the residential property;
- to do agreed repairs to the residential property;
- to add decorations to the residential property;
- to make alterations to the residential property;
- to add improvements to the residential property;
- to supply agreed services to the residential property;
- to exhibit the rental unit to prospective purchasers;
- to exhibit the rental unit to actual buyers of the property;
- to show the rental unit to mortgagees;
- to show the place to prospective tenants;
- to exhibit the rental unit to new tenants;
- to exhibit the property to workers or contractors.
When can the landlord enter the tenant’s home?
Under Florida Statute 83.53, the landlord can enter the tenant’s dwelling at any time if it is necessary to do so for “the protection or preservation of the premises. “
However, the tenant’s privacy is otherwise protected by statute. The landlord, as a general rule, can only enter the dwelling after giving “reasonable notice” to the tenant that he wants to come inside their home. And this entry must be at a reasonable time, too.
Because landlords have pushed the envelope on what “reasonable notice” is in gaining entry to the home, the law has defined it.
- “Reasonable notice” for the purpose of repair is notice given at least 12 hours prior to the entry;
- “Reasonable time” for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m.
As for the other items listed above, the residential landlord may enter the dwelling unit when necessary under any of the following circumstances:
(a) With the consent of the tenant;
(b) In case of emergency;
(c) When the tenant unreasonably withholds consent; or
(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments.
However, if the rent is current and the tenant notifies the landlord of an intended absence (like going on vacation), then the landlord is legally limited on when he can go inside the rental unit while the tenant is away. Under Florida Statute 83.53, he can only enter with (1) the consent of the tenant or (2) for the protection or preservation of the premises.
How a Florida Real Estate Lawyer Can Help Tenants Deal with Landlords
If you are having difficulties with your Florida landlord and you think he is considering asking you to move out – or if he has given you notice to leave — then it may be helpful for you to have a tenant’s rights lawyer to help you with the problem.
If you are a victim of illegal activities by your landlord here in Florida, then you have rights under Florida law and established remedies that can be awarded to you.
Getting help from an experienced Florida tenant lawyer is important to learn about your legal rights. Most tenants’ rights lawyers, like Larry Tolchinsky, will offer a free initial consultation to answer your questions.
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