Tenant Rights Florida - Evictions, Privacy, Refunds

Do you know and understand your Florida tenant rights? It is important that you understand some of your basic rights as a tenant in Florida. Florida Statutes Chapter 83 outlines all the rights of a tenant and landlord. They have strict guidelines that both tenants and landlords must follow. Often times when we are renting issues arise and we want to know what can be done about the issues and who is responsible to make the corrections.

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Responsibilities of Landlord and Tenant

Landlord will by law take care of things that would cause your living area to be unsafe or be against health codes. In Florida there are rules depending on whether you live in a single family home, duplex or whether it is in an apartment. They follow the applicable building, housing and health code laws set by the state. He would typically maintain the roof, windows, doors, steps or porches and any outside walls and foundations. He would keep the plumbing in reasonably good working condition and you would be entitled to running water and hot water. You are entitled to heat during the winter months. He is not obligated to pay your utilities, water, fuel or garbage removal but he might chose to do that. It will be in your lease agreement if he is paying for these items. He will make sure that the common areas are safe and clean. He may be responsible to provide extermination of rats, mice, ants and wood destroying organisms and bed bugs. He will provide locks and keys.


Your Florida tenant rights require you to comply with all building, housing and health codes by keeping your unit clean and sanitary. You must remove your garbage from your rental in a clean and sanitary manner so as not to encourage infestations of mice, rats, ants or other types of rodents. You need to make sure that you use the plumbing properly by not flushing large foreign objects down the toilets. You agree to keep the plumbing fixtures clean and in good repair. You will not destroy damage or remove any part of the premises or property that belongs to the landlord or allow any other person to do so. You will conduct yourself in a manner not to disturb any other tenants.

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Right to Privacy-Access to your rental

Your landlord can enter your rental at any time if it is an emergency to protect and preserve the premises.

If you landlord needs to make repairs to your apartment and it is not an emergency, your landlord should give you reasonable notice that is defined as twelve (12) hours prior to the entry and between the hours of 7:30 a.m. and 8:00 p.m.

• He can enter at any time if you have given consent
• He can enter at any time if you have unreasonably withheld consent for him to enter
• He cannot abuse the right to enter nor use his right to harass the tenant.

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Evictions Tenant Rights Florida

Landlord cannot take it into his own hands to evict you. He MUST go through the court system. He has followed the proper steps. Your Florida Tenant Rights protect you so that he cannot change locks or deadbolts or add additional locks to bar you from the property. He cannot interrupt your utility services, such as water, gas electric, or telephone. He cannot remove your personal property from the rental. He cannot retaliate against you for filing a formal complaint because he has violated a housing or health code issue, like mold in your apartment.

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Security Deposit Refunds Florida

If your landlord is not going to deduct anything from your security deposit, he is required to return your security deposit to you within 15 days after you move. If he is claiming expenses for repairs or other lease agreement claims, he is required within 30 days to give you written notice by certified mail to your last known address stating he is imposing a claim on the deposit and the reason for the claim. You do not agree with what he is claiming to deduct, you must object in writing to the deduction with 15 days of receiving the notice by sending your objection to the landlord’s address. If he does not receive this within 15 days he can deduct the amount and is required to send you your remaining deposit within 30 days after the notice of intention to impose a claim for damages was sent. If the landlord doesn’t give the proper notice within the 30 days, he forfeits his right to your security deposit and must return all of it to you.