Understanding Florida’s property management laws is essential for landlords, particularly for those with experience in other states where regulations might differ. Florida’s legal landscape dictates everything from how you treat tenants to the maintenance standards you must uphold. Knowing these laws is crucial to managing rental properties effectively, from tenant screening and rent collection to property upkeep and handling potential evictions.
Here are some important property management laws that both tenants and landlords should be aware of. Property management activities are considered part of real estate operations, meaning a broker license is required for those working on commission. While landlords can charge application fees without state-imposed limits, they must avoid discrimination based on race, gender, age, religion, or familial status. There’s no cap on security deposits, but they must be held in a separate escrow account. Lease terms are flexible, allowing landlords to establish agreements based on their preferences, and rent increases can occur at the lease’s conclusion without a mandated notice period.
Tenants have the right to terminate leases without penalty in certain situations, such as active military duty or when the rental unit violates health or safety codes. Additionally, landlords must disclose important property information, including fire protection and any health risks like radon gas exposure. Florida law also requires landlords to provide at least 12 hours’ notice before entering a tenant’s property and to ensure properties are habitable, with functional electricity, plumbing, heating, and structural integrity. This blog will walk you through these laws, providing an overview to help you manage your properties in line with Florida state regulations.
Property Management Roles & Services
A key role of a property manager is serving as the bridge between the property owner or asset manager and the tenant, creating a buffer for owners who prefer some distance from their tenants. Property management services typically involve handling a few essential tasks, including:
- Leasing
- Marketing
- Tenant Screening
- Inspections
- Cost-Effective Maintenance
- Collecting Rents
- Tenant Relations
- Financial Reporting
Florida Property Management Laws
In Florida, property management falls under real estate operations, meaning that anyone managing properties for a commission must hold an active broker license. However, if you’re a property owner managing your own properties or a salaried employee of a property management company, you’re exempt from this requirement.
To get licensed, individuals and real estate companies need to meet several criteria, including being at least 18 years old, having a high school diploma, a Social Security number, completing a 63-hour pre-license sales associate course and a 72-hour broker course, undergoing electronic fingerprinting, and passing the licensing exam. Applications can be submitted through the My Florida License portal, and there’s no residency requirement.
Rental Agreement Laws
A rental agreement or lease is an agreement between a landlord and a tenant to rent property. While rental agreements can be either written or oral, having them in writing is usually preferred. Written agreements help avoid misunderstandings and provide clear evidence in case of disputes. A written rental agreement can be as formal as a contract or as simple as a letter outlining the rights and responsibilities of both parties.
In Florida, it’s important to know that any notices exchanged between a landlord and tenant must be in writing, regardless of whether the rental agreement is oral or written. These notices should be hand-delivered or mailed to ensure they’re legally recognized. It’s a good idea to keep copies of all correspondence with your landlord for your records.
Laws about Landlord Responsibilities
In Florida, landlords must give tenants at least 12 hours’ notice before entering the property, except in emergencies or if the tenant is absent for an extended period. Tenants should allow reasonable access for things like repairs during normal hours but can refuse entry during unreasonable times unless it’s an emergency.
Landlords are responsible for keeping the property habitable according to local health and safety codes or, in their absence, ensuring the property’s structural integrity, including doors, windows, floors, stairs, and the exterior. They must also handle pest control, provide locks and keys, maintain clean common areas, and ensure utilities like electricity, heat, running water, hot water, and working smoke detectors are in place. While landlords can charge for utilities and garbage removal, they aren’t required to provide a certificate of inspection.
Landlords are legally prohibited from retaliating against tenants through actions like excessive rent hikes, reducing services, eviction without cause, refusing necessary repairs, or harassment.
Property Maintenance Laws
Florida law requires landlords to keep rental properties habitable, covering essential services like electricity, plumbing, heating, and overall structural integrity. Landlords have 20 days to complete necessary repairs. If they don’t, tenants can withhold rent, make the repairs themselves and deduct the cost from rent, or even take legal action. However, tenants are responsible for repairs needed due to their own negligence.
If landlords don’t address issues within the given timeframe, tenants can request an inspection from the local health or building department or pursue legal remedies.
Rent Deposit Laws
Landlords typically require a damage deposit before signing a rental agreement. It’s a good idea to inspect the property beforehand, noting any existing damage like broken fixtures, and take dated photos for your records. Share a copy with your landlord to help prevent disputes later on.
When you move out, the landlord must either return your deposit within 15 days if they don’t intend to make a claim, or provide written notice within 30 days if they plan to keep any portion of it. This notice must be sent via certified mail to your last known address. You have 15 days to object in writing to any deductions. If you disagree with the landlord’s claim, you can file a complaint with the Florida Department of Agriculture and Consumer Services or take the matter to court.
Florida’s property management laws are all about balancing the rights and responsibilities of both landlords and tenants. These laws touch on everything from lease agreements and rent collection to property upkeep and tenant privacy. While diving into these regulations can seem daunting, knowing them is key to creating a positive landlord-tenant relationship. Discover more about property management, Florida laws, and Sarasota by checking out our other blogs.