Some Important Landlord Tenant Timeframes - Florida

Many times, Landlords and Tenants have questions as to the timeframes they must abide with, along with their rights and obligations. Here is a short summary of them in Florida:

Returning the Deposit:

The landlord has 15 days to return the security deposit together with interest if otherwise required. If the landlord decides not to return the deposit, he/she must given the tenant written notice by certified mail to the tenant's last known mailing address of his/her intention to impose a claim on the deposit and the reasons for imposing a claim on the deposit. This notice shall be given to tenant within 30 days of the end of the lease.

If the landlord fails to give notice that he will retain the deposit and apply to damages, then the landlord loses his/her right to retain any part of the deposit.

Entering the Dwelling/ Repairs by Landlord:

The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. Notice will be considered reasonable if given at least 12 hours prior to the entry. The repairs must also be done during reasonable times, which are usually between the hours of  7:30 a.m. and 8:00 p.m. The landlord's entrance must be:

(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. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

Notice to end Tenancy

(1)    When the tenancy is from year to year, Tenant must give at least 60 days’ notice prior to the end of any annual period;

(2) When the tenancy is from quarter to quarter, Tenant must give at least 30 days’ notice prior to the end of any quarterly period;

(3) When the tenancy is from month to month,Tenant must give at least 15 days’ notice prior to the end of any monthly period; and

(4) When the tenancy is from week to week, Tenant must give at least 7 days’ notice prior to the end of any weekly period.

Specific Provisions to Vacate the Premises

(1)    A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days’ notice before vacating the premises.

(2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant’s obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection.

Notice to the Landlord for Failure to Maintain Premises and Repairs

Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.—When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period of time for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease. This section is cumulative to other existing remedies, and this section does not prevent any tenant from exercising his or her other remedies.

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*This information is intended as general information and not as legal advice. It does not create a client-attorney privilege or relationship. Please contact us if you have any questions or concerns. We will be happy to help!