In a recent article by Florida Realtors, they defined the key facets of Florida landlord-tenant laws.
Nonpayment of rent and eviction
If a tenant fails to pay rent per the lease, the landlord must give the tenant a three-day notice before the landlord can evict the tenant on this basis. The three-day notice is a requirement of the Florida Residential Landlord and Tenant Act and must contain certain statutory language.
If a landlord adds a provision to a lease that seeks to remove that three-day notice for nonpayment of rent, a court would likely find the added provision unenforceable. (Section 83.56(4), Florida Statutes)
A tenant is not permitted to stop paying rent if the property is in foreclosure. The tenant who stops paying rent may be given the three-day notice. If the tenant does not pay rent or vacate within three business days after delivery of the notice, the landlord may file for eviction. (Section 83.56(3), Florida Statutes)
If a residential tenant doesn’t make a timely rent payment, the landlord is not permitted to cut off the tenant’s electricity or garbage collection service or change the locks to prevent the tenant from gaining access to the dwelling. If a landlord attempted to do this, he or she would be liable to the tenant for actual and consequential damages or three months’ rent, whichever is greater, and costs, including attorneys’ fees. (Section 83.67, Florida Statutes)
For the complete article, follow this link: https://www.floridarealtors.org/law-ethics/library/florida-landlord-tenant-laws-residential.
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