Florida Tenant Information

Florida Tenant Information – Tenants Rights

Help page for Tenants in Florida

Tenants have Rights also. Not all Tenants are bad but there are some that give the good ones a bad name. Landlords make you out to be the bad People in an Eviction.

Some Questions you may have:  What are my Rights. What should i do when the Landlord is Evicting me. What are the Responsibilities of the Landlord, and What if the Landlord doesn’t fix anything,Where can i go for help. Can i bring the Landlord to Court for not Maintaining the Apt i live in.  These are just a few of the Questions that Renters have, there are many more, We hope that these help guide you and Inform you as to your Rights.

Tenants Defending an Eviction Forms

Download How to answer an eviction forms in each state.

Tenant Defence Forms

1. What are my rights ?

Tenants have rights in an Eviction, the Laws are set forth for each State. Information is Key, Learn your rights as per the Florida State Statutes; Laws Pertaining to Evictions.

First i would suggest Communication, If you can talk to your Landlord to resolve the problem. In an Eviction there are some Reasons that you as a Tenant would want to Avoid being Evicted.

Eviction Court: This can be humiliating experience and also matter of permanent public record.

Dispossession: You will be forcibly removed from the premise.

Judgment(s): Your credit rating will be severely damaged.

This may also result in:

a. -A collection process until your debt is paid in full

b. -Possible seizure of assets you may own, including bank accounts.

c. -Garnishment of wages.

d. -Notification of credit bureaus causing inability to qualify for line of credit, including credit cards, car loans and mortgages.

e. -Notification of National Tenant Reporting Services causing inability to qualify for rental housing (Most qualify rentals require credit & tenant screening) We understand that you are having difficulties paying your rent or complying with your rental Contract. We sincerely hope you will be able to resolve any problems you are currently experiencing and bring your account out of eviction status

2. What should i do if the Landlord Evict’s me?

  The Landlord first has to give you a Notice that you either pay your rent or Vacate the Apt.  Usually called a3-Day Notice. If you have the Money call the Landlord and pay the Landlord to stay in the Apt. If you do not call or pay in 3 days the Landlord can file an Eviction for Past Due Rent.

 *If the Landlord Files an Eviction on you for past rent owed:

First If you have paid the rent and believe this is an error make copies of your rent receipts, when you are served the Summons & Complaint file your answer to the eviction. From the First day of the Service of the Official Court Documents you will only have 5 days to respond (Excluding weekends and Holidays).

You may file a Motion asking for the Courts to set a Hearing for Rent Determination.  The judge will set a court date where you will bring all your Proof that you have paid the past rent. This is Pre Trial / Mediation. If you have paid your rent and you can prove this the Eviction may be settled right there and the Courts will send you the answer to the eviction. If you have not paid the rent as per the Summons (Read the Summons carefully) You will have to do 5 things.

ex:(Below you can read what it says on the court paperwork for an eviction. copied from an actual Summons).

a. Write down the reason(s) why you think you should not be forced to move. The written reason(s) must be given to the Clerk of the Court.

b. Pay to the Clerk of the Court the amount of rent that the attached complaint claims to be due and any rent that becomes due until the lawsuit is over. If you believe that the amount claimed in the complaint is incorrect, you should file with the clerk of the court a motion to have the court determine the amount to be paid. If you file a motion, you must attach to the motion any documents supporting your position and mail or give a copy of the motion to the plaintiff.

c. Mail a copy of your response to the Landlord at the address given on the Summons.

d. If you file a motion to have the Court determine the amount of rent to be paid to the Clerk of the Court, you must immediately contact the office of the judge to whom the case is assigned to schedule a hearing to decide what amount should be paid to the Clerk of the Court while the lawsuit is pending.

IF YOU DO NOT DO ALL OF THE THINGS SPECIFIED ABOVE WITHIN 5 WORKING DAYS AFTER THE DATE THAT THESE PAPERS WERE GIVEN TO YOU OR TO A PERSON WHO LIVES WITH YOU OR WERE POSTED AT YOUR HOME, YOU MAY BE EVICTED WITHOUT A HEARING OR FURTHER NOTICE.

e. If the attached complaint also contains a claim for money damages (such as unpaid rent), you must respond to that claim separately. You must write down the reasons why you believe that you do not owe the money claimed. The written reasons must be given to the Clerk of the Court at the address specified in paragraph (1) above, and you must mail or give a copy of your written reasons to the plaintiff at the address specified above. This must be done within 20 days after the date these papers were given to you or to a person who lives with you or were posted at your home. This obligation is separate from the requirement of answering the claim for eviction within 5 working days after these papers were given to you or to a person who lives with you or were posted at your home.

If the landlord has not kept up with his responsibilities as per the Lease.

3. What are the Responsibilities of the Landlord ? 

(Read the Florida State Statutes and learn your rights)

If you have not paid the Rent to the Landlord for any other reason other than rent. EX: (The Landlord didn’t fix or repair anything in the apt as per the requirements in the lease you have signed), This gets a little more involved.

You send the Landlord a Notice from you telling him that you are not paying the rent to him and you have placed the rent in the Clerk of Courts Registry. (Find the Clerk of Courts offices in your State) is and Get the Forms you will need, Fill them out with the information, Pictures, and any letters, or other paperwork from State Agency’s (EX: Housing Dept, County Health Dept, Code Enforcement Inspection Reports)  Telling the Courts the reasons why you have not paid the rent to your landlord.

The Landlord has the right to file an Eviction on you, but you have protected yourself and you are doing it the legal way. You will be served the Summons & Complaint now you can answer the courts and the Landlord and get your day in Court.  Note: Make sure that all the rent(s) is in the courts registry and if your court case extends into the next month bring that rent to the clerk of courts and deposit it under your file name before your court date. You will Have a better chance of fighting the case the legal way.

What we have Seen: (we can not tell you what will happen the Courts have many different ways to handle these cases, some that we have herd are, The rent will be given back to you and the Landlord will be court ordered to Make all Repairs. The Judge may make a deal with you and the Landlord for only a portion of the rent. You may stay in the Apt rent free for a time, these are examples every court or Judge will evaluate the case and make a legal Decision)

4.  As per the 3-Day Notice or other notices you may tell the Landlord you are moving out. Landlords have the right to still file an Eviction on you for the money you owe to them.

1. Note: Make sure you give the Landlord your new address, the Landlord must send you a letter telling you after you move out what they are doing about your Security Deposit. If you feel that this Letter is wrong  EX: you have cleaned the apt and had the LL come to the Apt and see everything is the same way from the first day you moved in get the LL to sign something to that affect. This is why we strongly ask all Tenants to do a Walk through with the agent, Landlord, Real Estate Person, Management Company, or whoever rented the apt to you.

See our Free Forms and Download the Walk through Move in – Move out form.

Look at Everything and make notes and take pics of the condition from day One, when you move out it makes getting back your security deposit that much easier.

Learn Everything you can about Florida Evictions

Before you Rent:

Get the Walk Through Form, and use it.

TENANTS: Walk through the premises to identify any problems that should be fixed BEFORE you rent an apt. Take pictures, video or make notes of any questionable conditions and include provisions for repairs in the rental agreement or in a separate written document signed by both parties.

A Tenant is an equal party with the Landlord. You never have to agree to any rental arrangement. Before renting a dwelling, be sure the rental agreement covers ALL the issues addressed. Before you sign, make sure you thoroughly understand the terms of the agreement. If you DON’T understand, DON’T sign the rental agreement. There is no grace period allowed for canceling rental agreements, so if you sign, you are bound to the agreement.

When can a Landlord Serve me for an Eviction: What does it mean.

Except for the failure to pay rent, a landlord must notify you in writing of any shortcomings and give you seven days in which to correct the situation. If you still have not complied after seven days, the landlord can begin the eviction process based on non-compliance.

Other Evictions

Under certain circumstances, if you have exhibited a lack of consideration for the rights and privacy of others, a landlord has the right to require you to move with very little notice. In some cases (destruction, damage, misuse of property, unreasonable disturbances), the landlord does not have to give you an opportunity to remedy the problem and may terminate tenancy by giving you a seven-day written notice.

Each eviction case is unique, so be sure to obtain legal advice. A landlord MAY NOT evict you solely in retaliation for the tenant complaining to a governmental agency about code violations or asserting other tenant rights.

Non-Payment of Rent

The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move from the premises. If you do not pay the rent or move, he/she may begin legal action to evict you

In order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, you will be notified in writing. You then have five days (excluding weekends and legal holidays) to respond – also in writing – to the court. If you do not respond or a judgment is entered against you, the clerk of the county court will issue a “Writ of Possession” to the sheriff who will notify you that eviction will take place in 24 hours.

Termination of tenancy without a specific term – days of written notice required (prior to termination):

Weekly ——— 7 days
Monthly ——– 15 days
Quarterly ——- 30 days
Yearly ———- 60 days

Florida Law does not allow a landlord to force a tenant out by:

• Shutting off the utilities or interrupting service, even if that service is under the control of or the landlord makes payment;
• Changing the locks or using a device that denies the tenant access;
• Removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement); and/or
• Removing the tenant’s personal property from the dwelling unless action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with section 83.59(3)(d), or lawful eviction.

If any of these occur, the tenant may sue for actual and consequential damages or three months’ rent, whichever is greater, plus court costs and attorney’s fees.

When can a Landlord Enter my Apt:

Once you agree to rent a dwelling, your right to possession is much the same as if you owned it. The landlord however, can enter at reasonable times with proper notice to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply agreed services or show it to a prospective or actual purchaser, tenant, mortgagee, worker or contractor.

The landlord may also enter at any time when:

• The tenant has given consent;
• In an emergency;
• The tenant unreasonably withholds consent; and/or,
• 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

What are my rights in an Eviction:

If the Landlord Does Not Comply

You may be able to withhold rent if your landlord fails to do what the law or rental agreement requires. You must however, announce your intentions in writing by mail, preferably certified, at least seven days before the rent is due to allow time to remedy the problem.

If the problem is not corrected within the seven days and you withhold the rent, the landlord may take you to court to collect it. Under these circumstances, you must pay the rent into the court registry, pending the judge’s determination in the case.

If the Tenant Does Not Comply
You can be evicted for not living up to the agreement. The process of removal depends on the breach

THE TENANT A tenant, at all times during the tenancy shall:

• Comply with all building, housing and health codes.Keep the dwelling clean and sanitary.
• Remove garbage from the dwelling in a clean and sanitary manner.
• Keep plumbing fixtures clean, sanitary and in repair.
• Not destroy, deface, damage, impair or remove any part of the premises or property belonging to the landlord, nor permit any person to do so.
• Conduct him/herself, and require other persons on the premises with his/her consent, to conduct themselves in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.
• Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators.

SECURITY DEPOSITS:  THE LL HAS 15 DAYS AFTER YOU MOVE OUT TO SEND YOU A LETTER TO YOUR LAST KNOWN ADDRESS, OR WHEN YOU MOVE OUT YOU MUST GIVE THE LANDLORD YOUR NEW ADDRESS WHERE YOU ARE MOVING TO HAVE THIS LETTER TO THE LL WITH YOUR NEW ADDY CERTIFIED SO YOU HAVE PROOF THAT THE LL HAS GOT YOUR NEW ADDY. IF THE LL DOES NOT MAKE A CLAIM ON YOUR SECURITY DEPOSIT WITHIN 30 DAYS YOU CAN SUE THE LL FOR THE SECURITY DEPOSIT BACK  AND HE FORFEITS ALL RIGHTS TO THE DEPOSIT.

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