So, you're a tenant in South Florida? Awesome! This sunny state offers a great place to call home. But with that sunshine comes a set of rules and regulations to keep things fair between landlords and tenants.
Let's dive into some key tenant rights in South Florida.
Security Deposit
What's the limit? Florida law limits security deposits to two months' rent for unfurnished units and three months' rent for furnished units.
When do you get it back? Your landlord must return your security deposit within 15 days of you moving out, minus any deductions for damages or unpaid rent.
Itemized deductions: If your landlord deducts from your security deposit, they must provide you with an itemized list of the deductions.
Rent Increases
No surprise hikes! Your landlord can't increase your rent during the first 12 months of your lease unless you agree to it.
Notice is a must. If your landlord plans to increase your rent after the first year, they must give you at least 60 days' notice.
Rent control: While there's no statewide rent control law in Florida, some municipalities have implemented rent control ordinances. Check with your local government to see if your rental property is subject to rent control.
Repairs and Maintenance
Your place is your home. Your landlord is responsible for maintaining the property in a habitable condition. This includes things like plumbing, electrical, and pest control.
Don't be afraid to speak up. If something in your unit isn't working, let your landlord know. They have a legal obligation to address the issue.
Emergency repairs: In case of an emergency, such as a burst pipe or power outage, your landlord may need to enter your unit without notice. However, they must make reasonable efforts to contact you as soon as possible.
Privacy and Entry
Your space is your own. Your landlord generally can't enter your unit without your permission, except in case of an emergency or to make necessary repairs.
Know your rights. If your landlord wants to enter your unit, they must give you reasonable notice.
Exceptions: There are some exceptions to the general rule, such as when you've given your landlord written consent, or if the landlord needs to show the unit to prospective tenants or buyers.
Additional Rights
Retaliation: Your landlord cannot retaliate against you for exercising your tenant rights, such as filing a complaint or organizing a tenant association.
Quiet enjoyment: You have the right to quiet enjoyment of your rental property, meaning you can expect to live without unreasonable disturbances from your landlord or other tenants.
Disclosure of lead-based paint: If your rental unit was built before 1978, your landlord must provide you with a lead-based paint disclosure form.
Resources
Need more information or want to file a complaint? Check out these resources:
Palm Beach County: https://www.pbctu.org/know-your-right
Broward County: https://www.browardclerk.org/
Martin County: https://www.martinclerk.com/DocumentCenter/Index/45
St. Lucie County: https://stlucieclerk.gov/
Miami-Dade County: https://www.miamidade.gov/housingadvocacy/
Remember: Knowing your rights as a tenant can help you protect yourself and ensure a positive living experience. If you have any questions or concerns, don't hesitate to reach out to one of these resources.
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