Guide to the Landlord-Tenant Laws in Jacksonville Florida

Jacksonville FL Landlord-Tenant Law

April 9, 2020

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A wide array of federal, state and local laws govern the relationship between Jacksonville, Florida landlords and tenants. One of these laws is the statewide Florida landlord-tenant law.

Understanding these federal laws are important for both landlords and tenants in order to avoid any potential legal conflicts, such as violating health codes or a tenant who will withhold rent or tenant disputes over the amount of rent to be paid, for example. The landlord-tenant relationship can spiral to the point where one or the other will want early termination of the rental agreement. A landlord must provide an eviction notice.

The landlord-tenant law is governed by Florida Statutes Chapter 83. It stipulates what rights and responsibilities the landlord and tenant have in regards to living in/managing a dwelling unit. If a landlord fails or a tenant fails to follow the Florida state law, there will be legal consequences.

Innovative Property Solutions has made this article as an overview of the landlord-tenant law in Florida and what it means for your Jacksonville property.

Required Landlord Disclosures in Florida

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As stated in the Florida landlord-tenant laws, the following are the declarations that every rental property owner in Florida has to disclose to their tenants before allowing them to sign the rental agreement:

Related: Florida Security Deposit Laws

Florida Tenant Rights & Responsibilities

Under Florida laws, the following are the basic Florida renters' rights, even if they're not specifically mentioned in any lease agreements drawn up for the tenancy. A tenant has the right to:

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Florida Landlord Rights & Responsibilities

In the state of Florida, the landlord-tenant laws indicate that landlords have these basic rights:

Related: Jacksonville, Florida Eviction Process

An Overview of the Florida Rental Laws

Landlord’s Entry

Under Florida landlord-tenant laws, every renter in Jacksonville has a right to the quiet and peaceful enjoyment of their dwelling unit. As per Florida statutes, landlords must provide further notice to the tenant within 24 hours prior to entering their homes. Some of the reasons why landlords may need to enter a tenant’s home include:

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Warranty of Habitability

According to every written rental agreement, it’s the landlord’s responsibility to keep their rental premises up to a habitable standard. Housing and health codes must be followed to avoid sometimes severe penalties. The following are the common characteristics of a habitable dwelling unit. Under landlord-tenant laws, a property should have:

Fair Housing Laws

Any form of discrimination that Florida landlords may have towards a tenant is illegal in Jacksonville, FL. It's among the landlord responsibilities to treat all tenants equally. The Fair Housing Act prohibits discrimination based on certain classes, even if there's no written agreement. If a landlord elects to violate the Fair Housing Act, it can have legal consequences. These include:

Security Deposits

A security deposit is any advance payment a tenant makes to a landlord prior to signing the lease. While Florida doesn’t set a limit to how much they can ask for a security deposit, most landlords often ask for the equivalent of one or two months' rent. Written otice must be given to the tenant as well, which can be described in any and all rental agreements more thoroughly in security deposit laws, including how to impose a claim.

Under the rental agreement, Florida landlords may require security deposit money for many reasons, such as to:

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Jacksonville Tenants Rights to Withold Rent

Tenants in Jacksonville have several remedies when a tenant's landlord fails to take care of important repairs. To withhold rent is more common while the tenant wanting to terminate the rental agreement is the extreme. Other more common remedies include:

Small Claims Lawsuits

When all fails, both the landlord and tenant can seek legal redress in a local small claims court. A small claims court can help handle conflicts arising from things like a security deposit and property damage.

In Florida, the amount a litigant can recover is limited to $8,000 (as of April 2020).

Disclaimer: This blog is only meant to be informational and not a substitute for legal advice. If you need more help, please consider hiring professional attorney services or a real estate management company.

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(904) 321-9020

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