Question 1

What are a landlord’s legal obligations in Florida?

Accepted Answer

Florida landlords must: maintain the premises in compliance with applicable building, housing, and health codes (Section 83.51), maintain the structural components (roof, walls, foundation, floors) in good repair, provide functioning plumbing, hot water, and heating, provide working smoke detectors, exterminate pests (in multi-unit dwellings), maintain common areas in a safe and clean condition, and comply with the terms of the lease agreement. For residential properties, Chapter 83, Part II (the Florida Residential Landlord and Tenant Act) governs the relationship. For commercial properties, the lease terms control most obligations, with fewer statutory protections for tenants.

Question 2

What are a Florida landlord’s rights regarding property access?

Accepted Answer

Entry rights under Section 83.53: the landlord may enter the tenant’s dwelling unit with at least 12 hours notice for: maintenance, repairs, and inspections, and with at least 24 hours notice for: showing the unit to prospective tenants or buyers. Entry must be at reasonable times (generally 7:30 AM to 8:00 PM). The landlord may enter without notice in case of emergency (fire, water leak, gas leak). The landlord may not: enter the unit to harass the tenant, change the locks without the tenant’s consent, or remove the tenant’s property without a court order. Violation of the entry requirements can constitute a breach of the implied covenant of quiet enjoyment and may give the tenant grounds to terminate the lease.

Question 3

What are a Florida landlord’s responsibilities regarding security deposits?

Accepted Answer

Security deposit rules (Section 83.49): the landlord must hold the security deposit in a separate non-interest-bearing account, OR in a separate interest-bearing account (with the tenant receiving interest or 75% of the annualized average interest rate, whichever is less), OR post a surety bond equal to the total deposits held. Within 30 days of receiving the deposit, the landlord must notify the tenant in writing of: the name and address of the bank, whether the account is interest-bearing, and the rate of interest. Upon lease termination, the landlord has 15 days to return the deposit (if no claim) or 30 days to send written notice of intent to impose a claim on the deposit (by certified mail). The tenant then has 15 days to object. Failure to comply with these requirements may result in the landlord forfeiting their right to make a claim on the deposit.

Landlord

Landlord Rights and Obligations in Florida

Maintenance Obligations

Entry Rights (Section 83.53)

Security Deposits (Section 83.49)

Related Terms

Barnes Walker Landlord-Tenant

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