Miami Landlord-Tenant Lawyer | Lease and Rental Disputes in Florida

Landlord-tenant disputes often escalate quickly because money, habitability, and possession are on the line. Revah Law represents both landlords and tenants in lease and rental disputes, including notices, lease enforcement, security deposits, repairs and habitability claims, and litigation when resolution is not possible.

Revah Law represents clients in Miami-Dade, Broward, and Palm Beach Counties, and throughout South Florida.

If you need help with this issue, contact Revah Law to discuss next steps and strategy.

Governing Florida Law

Florida residential landlord–tenant disputes are primarily governed by Chapter 83, Florida Statutes.¹ Many common disputes also implicate § 83.56 (termination and notices) and § 83.49 (security deposits).²

Table of Contents

• Understanding the Landlord-Tenant Relationship in Florida
• Landlord Rights and Responsibilities
• Tenant Rights and Responsibilities
• The Lease Agreement
• Security Deposits in Florida
• Common Landlord-Tenant Disputes
• The Role of a Landlord-Tenant Lawyer
• Commercial Landlord-Tenant Law in Florida
• Special Circumstances and Considerations
• Frequently Asked Questions (FAQ)

Understanding the Landlord-Tenant Relationship in Florida

The landlord-tenant relationship in Florida is a legal partnership with specific rights and responsibilities for both parties. This relationship is primarily governed by the Florida Residential Landlord and Tenant Act (Chapter 83, Part II of the Florida Statutes). A clear understanding of this law is essential for both landlords and tenants to ensure a smooth and lawful tenancy. Whether you are a landlord or a tenant, a Florida landlord-tenant lawyer can provide you with the guidance and representation you need to protect your interests.

The Basis of the Landlord-Tenant Relationship

The landlord-tenant relationship is typically established through a lease agreement, which is a legally binding contract. This agreement outlines the terms of the tenancy, including the amount of rent, the length of the lease, and the rights and responsibilities of both parties. While oral leases are valid in Florida for terms of less than one year, a written lease is always recommended to avoid misunderstandings and disputes.

The Florida Residential Landlord and Tenant Act

The Florida Residential Landlord and Tenant Act is the primary law governing residential tenancies in the state. It sets forth the rights and responsibilities of both landlords and tenants, and it provides remedies for violations of the law. The Act covers a wide range of topics, including lease agreements, security deposits, landlord and tenant obligations, and eviction procedures. It is crucial for both landlords and tenants to be familiar with the provisions of this Act.

The Importance of Good Communication

While the law provides a framework for the landlord-tenant relationship, good communication is key to preventing disputes. Both landlords and tenants should strive to maintain open and respectful communication throughout the tenancy. This includes promptly addressing any issues or concerns that may arise and keeping each other informed of any changes or updates. A Miami landlord-tenant lawyer can help facilitate communication and resolve disputes before they escalate.

Landlord Rights and Responsibilities

In Florida, landlords have a number of rights that are designed to protect their property and investment. However, these rights come with a set of responsibilities to ensure that the rental property is safe and habitable for tenants. A Florida landlord-tenant lawyer can help landlords understand and comply with their legal obligations.

Landlord Rights

Florida landlords possess several important legal rights that enable them to manage their rental properties effectively. The right to collect rent allows landlords to receive timely payment as specified in the lease agreement. Landlords also have the right to enter the property for inspections, repairs, and showings, provided they give reasonable notice to the tenant. The right to evict enables landlords to remove tenants who fail to pay rent or who violate the terms of the lease agreement, following proper legal procedures. Additionally, landlords have the right to deduct from the security deposit for unpaid rent or damages to the property beyond normal wear and tear.

Landlord Responsibilities

Along with these rights, Florida landlords must fulfill several important responsibilities. They must provide a habitable dwelling by maintaining the rental property in a safe and habitable condition, in compliance with all applicable building, housing, and health codes. Landlords must make necessary repairs to keep the property in good condition. They must provide essential utilities by ensuring that the rental property has access to running water, hot water, and heat. Landlords must also respect the tenant’s privacy and must not enter the property without providing reasonable notice.

Tenant Rights and Responsibilities

Tenants in Florida also have a set of rights and responsibilities that are designed to protect them and ensure a fair and safe tenancy. A Miami landlord-tenant lawyer can help tenants understand their rights and take action if their rights have been violated.

Tenant Rights

Florida tenants enjoy several important legal protections. The right to a habitable dwelling ensures that tenants can live in a safe and habitable rental property. The right to quiet enjoyment allows tenants to live in the rental property without being disturbed by the landlord or other tenants. The right to privacy protects tenants in their rental unit, preventing the landlord from entering without providing reasonable notice. The right to have repairs made ensures that tenants can have necessary repairs made to the property in a timely manner.

Tenant Responsibilities

Tenants must also fulfill several important obligations. They must pay rent on time as specified in the lease agreement. Tenants must keep the property clean and safe and must not cause any damage to the property. They must comply with the lease agreement, including any rules or regulations. Tenants must not disturb other tenants or neighbors.

The Lease Agreement

The lease agreement is the cornerstone of the landlord-tenant relationship. It is a legally binding contract that sets forth the terms and conditions of the tenancy. A well-drafted lease can help prevent disputes and provide a clear framework for resolving any issues that may arise. A Florida landlord-tenant lawyer can assist in drafting or reviewing a lease agreement to ensure it is fair and legally sound.

The Importance of a Written Lease

While oral leases are permissible in Florida for terms of less than one year, a written lease is highly recommended. A written lease provides a clear and detailed record of the agreement, which can be invaluable in the event of a dispute. It helps to prevent misunderstandings and provides a basis for legal action if either party fails to uphold their obligations.

Essential Lease Provisions

A comprehensive lease agreement should include several essential provisions. The identification of the parties should clearly identify the landlord and all tenants. The description of the property should provide a detailed description of the rental property, including the address and unit number. The term of the lease should specify the start and end dates of the tenancy. The rent amount and due date should clearly state the amount of rent, the due date, and any applicable late fees. The security deposit provision should specify the amount of the security deposit and the conditions for its return. The landlord’s right of entry should outline the landlord’s right to enter the property and the notice requirements. The rules and regulations should include any rules and regulations that the tenant must follow, such as rules regarding pets, noise, and guests.

Prohibited Lease Provisions

Florida law prohibits certain provisions in a lease agreement. For example, a lease cannot waive a tenant’s rights under the Florida Residential Landlord and Tenant Act, nor can it limit the landlord’s liability for negligence. An experienced Miami landlord-tenant lawyer can review your lease to ensure it does not contain any illegal provisions.

Security Deposits in Florida (Deadlines, Notices, Disputes)

Security deposits are a common source of disputes between landlords and tenants. Florida law provides specific rules for the collection, holding, and return of security deposits to protect the rights of both parties.

Security Deposit Limits

Florida law does not limit the amount a landlord can charge for a security deposit. However, most landlords typically charge one to two months’ rent.

Holding the Security Deposit

A landlord in Florida has three options for holding a security deposit. First, the landlord can hold the security deposit in a separate, non-interest-bearing account in a Florida banking institution. Second, the landlord can hold the security deposit in a separate, interest-bearing account in a Florida banking institution and pay the tenant the interest earned. Third, the landlord can post a surety bond with the clerk of the court in the county where the property is located.

Returning the Security Deposit

A landlord must return the security deposit to the tenant within 15 days of the tenant vacating the property if the landlord does not intend to make a claim on the deposit. If the landlord does intend to make a claim, they must send the tenant a written notice by certified mail within 30 days.

Deductions from the Security Deposit

A landlord can deduct from the security deposit for unpaid rent, damages to the property beyond normal wear and tear, and other violations of the lease agreement. However, the landlord cannot deduct for normal wear and tear. If a landlord wrongfully withholds a security deposit, the tenant may be entitled to recover damages and attorney’s fees.

Common Landlord-Tenant Disputes (Evictions, Deposits, Repairs, Lease Breaches)

Disputes between landlords and tenants can arise from a variety of issues. While a well-drafted lease and open communication can help prevent many conflicts, some disagreements may require legal intervention. A Florida landlord-tenant lawyer can provide representation and guidance to help resolve these disputes.

Habitability Issues

One of the most common sources of disputes is the habitability of the rental property. Landlords have a legal obligation to maintain the property in a safe and habitable condition. This includes ensuring that the property has running water, hot water, and heat, and that it is free from any structural defects or pest infestations. If a landlord fails to make necessary repairs, a tenant may have the right to withhold rent or even terminate the lease. However, the tenant must follow specific legal procedures to do so. An experienced Miami landlord-tenant lawyer can advise tenants on their rights and options when dealing with habitability issues.

Security Deposit Disputes

Security deposits are another frequent area of conflict. Florida law provides specific rules for the collection, holding, and return of security deposits. Disputes often arise when a landlord withholds a portion or all of the security deposit for alleged damages to the property. Tenants may disagree with the landlord’s assessment of the damages or may feel that the deductions are for normal wear and tear, which is not permissible. If a landlord wrongfully withholds a security deposit, the tenant may be entitled to recover the amount of the deposit, plus damages and attorney’s fees.

Lease Violations

Disputes can also arise from alleged lease violations. This can include a wide range of issues, such as unauthorized pets, noise complaints, or unapproved alterations to the property. Landlords must provide tenants with proper notice of any lease violation and an opportunity to cure the violation, if it is curable. Tenants may dispute the landlord’s allegations or may feel that the landlord is being unreasonable. A landlord-tenant lawyer in Florida can help both landlords and tenants navigate these disputes and ensure that their rights are protected.

Retaliatory Actions

Florida law prohibits landlords from retaliating against tenants for exercising their legal rights. For example, a landlord cannot evict a tenant or raise the rent simply because the tenant has requested repairs or has reported a code violation. If a tenant believes they are the victim of a retaliatory action, they may have a defense to an eviction and may be able to recover damages from the landlord.

The Role of a Landlord-Tenant Lawyer

Whether you are a landlord or a tenant, navigating the complexities of Florida landlord-tenant law can be challenging. The law is filled with specific requirements and procedures that must be followed, and any misstep can have significant legal and financial consequences. This is why it is so important to have an experienced Florida landlord-tenant lawyer on your side. A lawyer can provide you with the legal expertise, guidance, and representation you need to protect your rights and achieve a favorable outcome in any landlord-tenant dispute.

Why You Need a Landlord-Tenant Lawyer

Landlord-tenant disputes can be emotionally charged and legally complex. A Miami landlord-tenant lawyer can provide an objective and knowledgeable perspective to help you navigate the situation. For landlords, a lawyer can help ensure that you are in compliance with all applicable laws and regulations, which can help you avoid costly lawsuits. For tenants, a lawyer can help you understand your rights and can take action if your rights have been violated.

How a Landlord-Tenant Lawyer Can Help

A landlord-tenant lawyer can provide a wide range of services to both landlords and tenants. For lease drafting and review, a lawyer can draft a comprehensive and legally sound lease agreement for a landlord, or can review a lease agreement for a tenant to ensure that it is fair and does not contain any illegal provisions. For eviction proceedings, a lawyer can represent a landlord in an eviction proceeding to ensure that it is handled correctly and efficiently, or can represent a tenant in an eviction proceeding to defend against a wrongful eviction. For security deposit disputes, a lawyer can help a tenant recover a wrongfully withheld security deposit, or can help a landlord defend against a tenant’s claim for the return of a security deposit. For habitability issues, a lawyer can help a tenant take action if a landlord fails to maintain a rental property in a safe and habitable condition, or can help a landlord defend against a tenant’s claims of uninhabitability. For negotiation and mediation, a lawyer can help a landlord and tenant resolve their disputes through negotiation or mediation, which can be a less costly and time-consuming alternative to litigation. For litigation, if a dispute cannot be resolved through negotiation or mediation, a lawyer can represent a landlord or tenant in court.

What to Look for in a Landlord-Tenant Lawyer

When choosing a landlord-tenant lawyer, it is important to select a lawyer with experience in this area of law. Look for a lawyer who is knowledgeable about Florida landlord-tenant law and who has a proven track record of success in handling these types of cases. It is also important to choose a lawyer who is a good communicator and who will keep you informed about the progress of your case. A reputable lawyer will offer a free initial consultation to discuss your case and explain your options.

Commercial Landlord-Tenant Law in Florida

While the Florida Residential Landlord and Tenant Act governs residential tenancies, commercial tenancies are governed by Part I of Chapter 83 of the Florida Statutes. While there are some similarities between residential and commercial landlord-tenant law, there are also some important differences. A Florida landlord-tenant lawyer with experience in commercial real estate can provide invaluable guidance to both commercial landlords and tenants.

Key Differences Between Residential and Commercial Leases

There are several key differences between residential and commercial leases. Regarding consumer protection laws, residential leases are subject to a number of consumer protection laws that do not apply to commercial leases. This is because commercial leases are considered to be contracts between sophisticated business people who are able to negotiate on their own behalf. Regarding maintenance and repairs, in a residential lease, the landlord has a statutory duty to maintain the property in a habitable condition. In a commercial lease, the responsibility for maintenance and repairs is typically determined by the terms of the lease agreement. Commercial leases are often “triple net” leases, where the tenant is responsible for paying for property taxes, insurance, and maintenance. Regarding eviction procedures, the eviction procedures for commercial tenancies are generally the same as for residential tenancies. However, commercial landlords may have additional remedies available to them, such as the right to seize the tenant’s property for non-payment of rent.

Important Considerations for Commercial Leases

Commercial leases are often complex legal documents that can have a significant impact on a business’s bottom line. It is crucial for both landlords and tenants to carefully review and negotiate the terms of a commercial lease before signing it. A Miami landlord-tenant lawyer can help you with lease negotiation to negotiate the terms of the lease, including the rent, the length of the lease, and the responsibility for maintenance and repairs. They can assist with lease review to review the lease to ensure that it is fair and that it protects your interests. They can also help with dispute resolution if a dispute arises, helping you resolve it through negotiation, mediation, or litigation.

Whether you are a commercial landlord or a tenant, it is essential to have a thorough understanding of your rights and responsibilities under Florida law. An experienced landlord-tenant lawyer can provide you with the legal guidance and representation you need to protect your investment and your business.

Florida Landlord-Tenant Law: Special Circumstances and Considerations

Beyond the standard landlord-tenant relationships, there are several special circumstances and considerations that can arise in Florida. Understanding these nuances is essential for both landlords and tenants to ensure they are in compliance with the law and to protect their rights. A Florida landlord-tenant lawyer can provide guidance on these complex issues.

Military Service Members’ Rights

The Servicemembers Civil Relief Act (SCRA) is a federal law that provides special protections to active-duty military service members, including protections related to housing. Under the SCRA, a service member may be able to terminate a lease early if they receive orders for a permanent change of station or deployment for at least 90 days. The service member must provide the landlord with written notice and a copy of their military orders. A landlord cannot charge a penalty for early termination under these circumstances.

Domestic Violence Protections

Florida law provides special protections to victims of domestic violence, sexual violence, or stalking. A tenant who is a victim of these crimes may be able to terminate a lease early without penalty by providing the landlord with written notice and documentation of the violence, such as a police report or a restraining order. The landlord must also allow the victim to change the locks on the rental unit to ensure their safety.

Mold and Environmental Hazards

Landlords in Florida have a duty to maintain rental properties in a safe and habitable condition, which includes addressing mold and other environmental hazards. Mold can be a serious health hazard, and landlords must take prompt action to remediate any mold problems. If a landlord fails to address a mold problem, a tenant may have the right to withhold rent or terminate the lease. A Miami landlord-tenant lawyer can advise tenants on their rights and options when dealing with mold or other environmental hazards.

Bed Bugs and Pest Infestations

Bed bugs and other pest infestations can be a common problem in rental properties. The responsibility for dealing with pest infestations is typically determined by the terms of the lease agreement and the cause of the infestation. If the infestation is caused by the landlord’s failure to maintain the property, the landlord is responsible for remediation. If the infestation is caused by the tenant’s actions, the tenant may be responsible. It is important for both landlords and tenants to document any pest infestations and to take prompt action to address them.

Rent Control and Rent Stabilization

Unlike some other states, Florida does not have statewide rent control or rent stabilization laws. This means that landlords are generally free to set the rent at whatever amount they choose and to raise the rent at the end of a lease term. However, some local jurisdictions may have their own rent control ordinances. It is important for both landlords and tenants to be aware of any local rent control laws that may apply.

Condominium and Homeowners Association Rules

If a rental property is located in a condominium or a community governed by a homeowners association (HOA), the tenant may be subject to the rules and regulations of the condominium or HOA. These rules can cover a wide range of issues, such as parking, noise, and the use of common areas. Landlords must provide tenants with a copy of the condominium or HOA rules, and tenants must comply with these rules. Failure to comply with the rules can result in fines or other penalties.

The Impact of COVID-19 on Landlord-Tenant Law

The COVID-19 pandemic had a significant impact on landlord-tenant law in Florida. During the pandemic, there were federal and state eviction moratoriums that temporarily prohibited landlords from evicting tenants for non-payment of rent. These moratoriums have since expired, but they had a lasting impact on the landlord-tenant relationship. Many landlords and tenants are still dealing with the financial consequences of the pandemic, and there may be ongoing disputes related to unpaid rent and lease violations. A landlord-tenant lawyer in Florida can provide guidance on how to navigate these complex issues.

Frequently Asked Questions (FAQ) about Florida Landlord–Tenant Law

1. What statutes govern landlord–tenant disputes in Florida?

Most residential landlord–tenant disputes in Florida are governed by Chapter 83, Florida Statutes.¹ Key statutory provisions frequently litigated include: § 83.56 (termination and notices), § 83.49 (security deposits), and § 83.67 (prohibited landlord practices/self-help).²

2. What is a “constructive eviction” under Florida law?

A constructive eviction can occur when a landlord’s conduct substantially interferes with the tenant’s beneficial use and enjoyment of the premises (even if the landlord does not physically remove the tenant). Florida courts have recognized this concept for decades.³ In modern landlord–tenant litigation, constructive eviction is often argued in cases involving lockouts, utility interruptions, or conditions that make the premises unlivable.⁴

3. What are Florida’s security deposit rules?

Florida’s security deposit statute sets out notice and timing requirements for claims against a security deposit, and disputes often turn on whether the landlord complied with the statute’s procedural steps. See § 83.49, Florida Statutes.⁵ Because the statute is technical, issues like late notices, improper itemization, or unsupported deductions can become dispositive.

4. Can a landlord lock a tenant out or remove the tenant’s property?

Florida law generally prohibits “self-help” measures in residential tenancies and provides for damages and attorney’s fees for violations. See § 83.67, Florida Statutes.⁶ Florida appellate decisions have treated lockouts and similar conduct as unlawful and have discussed constructive eviction principles in that context.⁴

5. How does Florida law treat rent withholding for repairs or habitability issues?

Florida statutes provide specific procedures for asserting certain habitability-related defenses and rent withholding in residential cases, and the procedures can be different from what tenants assume. For example, some defenses depend on compliance with statutory notice and deposit requirements. See, e.g., § 83.60(2), Florida Statutes (registry deposit in possession cases).⁷ Because these issues are fact-sensitive, careful documentation and compliance with the statute is critical.

6. Do landlord–tenant cases move quickly in Florida courts?

Possession claims (eviction and certain unlawful detainer matters) often proceed under Florida’s summary procedure statute, which accelerates deadlines and can move the case quickly. See § 51.011, Florida Statutes.⁸ Parties should not assume standard civil timing applies in a possession dispute.⁹

7. What should landlords and tenants do early to protect their rights?

Early steps often include confirming the correct legal theory (eviction vs. unlawful detainer vs. ejectment), verifying statutory notices, preserving communications, documenting property condition, and anticipating court-registry requirements in possession litigation. Because timing and procedure are outcome‑determinative, counsel can help evaluate strategy and avoid avoidable defaults.⁸