Lease or Rental Agreement

The landlord and tenant are equal parties in an agreement, or lease, to rent real property. Leases can be written or oral, but it is better to have a written lease. The tenant should not sign a lease unless he/she has read the lease and understands it. Before moving in, the tenant should also inspect the property and make a list of things that are broken or damaged. Both the landlord and the tenant should keep a copy of the lease and the list of broken items.

Security Deposit or Advance Rent

If the landlord asks the tenant to pay a security deposit or any advance rent (for example, rent to be held for the last month the tenant will live in the unit), the landlord should put this money in a separate bank account. If this bank account earns interest, the tenant is supposed to receive a portion of it. When the lease is over and the tenant moves out, the landlord must either: (1) return the security deposit and interest within 15 days; or (2) send the tenant a written notice by certified mail within 30 days telling the tenant that the landlord is going to make a claim against the deposit and the reason. More information may be found in the Florida Statutes at FLA. STAT., Title VI, Chapter 83, Part II, www.leg.state.fl.us/statutes/index.cfm

Both the landlord and tenant have responsibilities for maintenance of the premises

The landlord should:

•  Comply with building, housing and health codes;

•  Keep the roof, windows, screens, floors and outside walls in good repair;

•  Exterminate rats, bugs, and wood-destroying organisms;

•  Supply locks and keys, heat during the winter, running water and hot water;

•  Provide for garbage removal from the premises (this does not apply to single-family houses or duplexes); and

•  Provide lead based paint disclosure.

Sometimes tenants want to keep back part of the rent if the landlord doesn't do these things. A tenant should not hold back rent unless he/she has sent the landlord written notice by certified mail at least 7 days before the rent is due, to give the landlord time to fix the problem. Even if this procedure is followed, the landlord may take the tenant to court for collection. In this case, the rent must be paid into the court registry pending the judge's determination of the case.

The tenant should:

•  Comply with housing and health codes;

•  Keep the unit and premises clean;

•  Remove garbage from the unit he/she occupies;

•  Not abuse the electrical, plumbing, heating, air conditioning, and other facilities furnished by the landlord;

•  Not deface or damage the premises; and

•  Generally occupy the unit without disturbing the peace.

If the tenant does not do these things, the landlord may give the tenant 7 days written notice to fix the problem. If the problem continues, the landlord may terminate the lease at the end of the 7 days and bring a legal action for eviction.

Access to the premises

The landlord can enter at reasonable times to inspect, make repairs, supply agreed services, or show the dwelling to a prospective purchaser or tenant. The landlord may enter at any time if the tenant says it is okay, there is an emergency, or if the tenant is gone for a long time and the landlord needs to protect the property.

  Rent and Termination of Rental/Lease Agreement

The tenant should pay the rent in the amount and at the time agreed to in the lease. When the lease is over, the tenant must sign a new lease or leave. If the lease doesn't give an ending date, the lease ends when either the tenant or the landlord gives a notice to the other party.

When rent is paid weekly, notice must be given at least 7 days before the next rental payment is due. When the rent is paid monthly, notice is required at least 15 days before the next rental payment date; if paid year to year, 60 days notice is required. If the rental agreement has ended for any of the reasons allowed under the Landlord and Tenant Act and the tenant does not move, the landlord can start eviction procedures. In the case of non-payment of rent, the landlord must serve the tenant with a written notice allowing three days (excluding weekends and legal holidays) in which to pay the rent or move. This is called a Three Day Notice. If the tenant does not pay the rent or move, the landlord must file suit and the tenant may eventually be physically evicted by the Sheriff.

Going through this procedure is the only way a landlord may evict a tenant. Any attempt by a landlord to evict a tenant by locking that person out of his apartment or by removing the outside doors, locks, roof, walls or windows of the unit or by terminating any utility service furnished to the tenant, including water, electricity, heat, light, gas, garbage collection or refrigeration, whether or not the utility service is under control of or paid by the landlord, is a violation of the Florida Law.

Retaliatory Conduct

The landlord is not allowed to use a rent increase or evict a tenant solely in retaliation because the tenant has complained to a governmental agency about a code violation. The tenant may present evidence of this conduct as a defense in an action for possession of the dwelling.

A copy of the Landlord Tenant Law ( Florida Statutes, Part II, Chapter 83) is available upon request from the Florida Department of Agriculture and Consumer Services, Division of Consumers Services, Rhodes Building , 2005 Apalachee Parkway , Tallahassee , FL 32399-6500 , or call 1-800-435-7352 toll free. The Florida Statutes may also be found in the Pinellas County Law Library, 324 S. Ft. Harrison, Clearwater , FL 33756, (727) 464-3411 or accessed via the following Internet address:

www.leg.state.fl.us/statutes/index.cfm

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