Do you know your rights when renting a property in Florida?

Most tenants know that they have rights when they have disputes with their landlord but are completely unaware of what those rights are. The Florida Department of Agriculture and Consumer Services has developed a guide to help understand the rights and responsibilities of those who live in rental properties.

Before Renting

If possible, make an appointment to visit the property. Take a walk around and look at any potential problems in the house or apartment and make sure they are fixed before you sign the lease. Take photos or video and write down the situations that are in need of repair and make sure you reach an agreement that should be in writing and is known to both the landlord and the tenant.

You are not obliged to accept situations that do not suit you when renting a property. Before you sign the contract, make sure you understand the terms…if there’s anything you don’t understand, DON’T SIGN! There is no grace period to cancel a contract after it is signed, so once you sign, the contract becomes valid.

The landlord may have the discretion to request various deposits and rent in advance for the rental of the property. No payment should be made until you are very sure you will be moving into the property. A tenant who pays the deposit and then decides not to move into the property may not receive a refund. It should be established in the contract if the refund for the money given for the deposit and the rent paid in advance would be refunded in case the tenant decides not to move in.

Verbal and written agreements

A rental agreement in a contract for the rental of a property. Contracts can be established verbally or in writing. Most contracts are in writing as verbal contracts can cause misunderstandings and are difficult to prove in cases of disputes. A written lease is a formal agreement or simply a copy of a letter that sets out the rights and responsibilities of both the landlord and the landlord can be used as a contract.

Florida law requires that notices of problems on the property by both the landlord and the tenant be in writing and delivered in person or by mail even if the rental agreement is made verbally. You should always keep a copy of all correspondence or mail sent to or received from the landlord. The duration of the rental of the property that will be occupied must be established in the contract, otherwise, it will be determined according to the payments made if they have been monthly or weekly.

It is important that the property is inspected before moving in and that photos, videos and any problems found are noted, if this is not done, the deposit could be jeopardized by being used to cover the alleged damages that could be blamed on the current tenant even though they were caused by the person who previously occupied the property.

At the end of your contract and the moving out of the property, the landlord must return the deposit within 15 days (about 2 weeks) after the date of the move, if the landlord claims that he must retain the deposit for alleged damages, he must notify the tenant of the allege damages caused in writing and send it by certified mail to the tenant’s last known address. The tenant has the right to protest the allegations in case they are not true by visiting the web page: fdacs.gov, looking for the section identified as: “file a complaint with complaint form” which will prompt an investigation to determine further actions.