Florida laws on tenants

Click on this link to access the tenancy laws in the state of Florida

FLORIDA'S LANDLORD/TENANT LAW

Questions concerning landlord/tenant rights are one of the top five areas of inquiry in the City's Consumer Affairs Division. Most people living in leased apartments and other rental housing know there are laws dealing with landlord/tenant relationships; but they often don't find out the details until there is a problem. The following landlord/tenant information is provided to answer many of the questions frequently asked regarding landlord/tenant rental relationships, according to Florida's Landlord/Tenant Law (Chapter 83, Part II). You may download the law for review by entering the "Frequently Asked Questions" feature on the Division's Home Page. Consumers may also receive a free copy of the law or a Florida Department of Agriculture and Consumer Services brochure entitled "Florida's Landlord/Tenant Law", by contacting the Division at 630-3667. BEFORE YOU RENT * When searching for a rental dwelling, be careful when leaving a deposit to hold an apartment for a short period of time, in order to shop around for other possible dwellings. If the property manager says the deposit will be returned whether you decide to rent the apartment or not, always get that verbal promise in writing. * Make sure you have reviewed your rights and obligations as a tenant, and therights and obligations of the landlord, according to Florida's Landlord/Tenant Law (Statute 83, Part II). * Although Florida law does not require a written lease, you should request a written lease that clearly states all the terms. Oral leases are subject to misunder-standings and are more difficult to enforce. * If there is no written lease, the span of your rental payment (weekly, monthly, etc.) determines the length of the agreement. * Before signing a rental agreement make sure you understand the terms of the contract. If you don't understand, don't sign the lease!!! There is NO required grace period for canceling leases, so if you sign, you are bound to the agreement. * Before signing a rental agreement always conduct a preliminary walk-through in the actual premises you intend to rent, so as to identify any problems that should be fixed before you rent. Verbal promises made by the landlord to fix the identified problems, should be included or attached as a written agreement to the lease, and signed by the landlord. * A damage deposit (security deposit) is one of the most common requirements of landlords. At time of your pre-rental walk-through with the landlord, you should make note of damaged items or areas, worn rugs, broken fixtures, etc., and give a copy to the landlord. Keep a copy for your files. This may eliminate or minimize disputes later. THE LANDLORD'S RESPONSIBILITIES * Florida Statutes, Section 83.51, require a landlord to comply with the local Property Maintenance Code. This means: 1. The roof must not leak. 2. The walls must be weather-tight, and in good repair. 3. The stairs must be safe for normal use and maintained in good repair. 4. Windows and doors must be basically weather-tight, water-tight, rodent-proof,and kept in sound working condition. Outside doors have to have proper locks. 5. Window panes cannot have cracks and holes. Outside windows must have screens. 6. Inside floors, walls, ceilings must be basically rodent-proof and kept in sound condition and good repair, and should be safe. 7. The house or apartment must have hot water, which is connected to the kitchen and bathroom sinks, tub or shower. 8. All houses or apartments must have a flush toilet in good working ondition. 9. When cooking and heating equipment are provided by the landlord, they must be safely installed and in good working order. 10. There must be adequate garbage disposal facilities or garbage storage containers. 11. Every habitable room must have at least two separate floor or wall electric outlets and, additionally, every kitchen, bedroom, bathroom and hallway must have a ceiling or wall-type fixture, or an outlet controlled by a wall switch near the entrance to the room. 12. All electrical systems must be in good repair and good working order. IF THE LANDLORD DOES NOT COMPLY * If your landlord has failed to comply with the previous listed code responsibilities, and has ignored your request to undo their unlawful action, you can contact The Code Enforcement Branch of city or county in which you reside and request that they contact your landlord and explain that their action is illegal and violates your local code. * If your landlord fails to do what the law or lease requires, you may be able to withhold the rent. You must give notice of your intention by certified mail at least seven days before the rent is due to allow time for the landlord to remedy the problem. If the problem is not corrected within seven days and you withhold the rent the landlord may take you to court to collect it. You must them pay the rent into the court registry pending the judges Determination of the case. * Always call the Consumer Affairs Division in your city or county regarding your landlord/tenant rights before withholding rent!!! RENT WITHHOLDING FROM LANDLORD * You must be very careful to do what the law requires for a proper rent withholding!!! ALWAYS call the Consumer Affairs Division of your county or city regarding your landlord/tenant rights before withholding your rent. * If your landlord will not fix a condition which is in "material non-compliance" with the your local city or county property maintenance code, you may stop paying rent (rent withholding). Material non-compliance means that there are major problems in your house or apartment which your landlord refuses to fix. * Under Florida law, you cannot do the repairs yourself and then deduct that cost   from your rent. * You can do a rent withholding so that you are protected by the law by taking the following steps: 1. Make a written complaint to your local city or county enforcement office. 2. Make a list of all the things which are wrong with your rental unit and violate the local code (for example, plumbing not working, roof leaks, etc.). 3. Write the landlord this letter: Date Dear (name of landlord): Pursuant with Florida Statutes, Section 83.60, I am notifying you of your material non-compliance with Florida Statutes, Section 83.51(1), and the (insert the name of your local code). Unless the listed repairs are made within 7 days of delivery of this notice, I will not pay rent, because of your failure to maintain the premises. List all things that are wrong Sign your name ___________________ Print your name and address. 4. Mail or deliver this letter to your landlord at least seven days before the next rent is due. *It is recommended that this letter be sent certified mail, return receipt requested. This is an extra protection for you in the event the landlord denies he ever knew about the material non-compliance. KEEP A COPY OF THE LETTER. 5. You must save the rent as it becomes due. Do not spend it, because, if the landlord fixes the house or apartment, you must pay him at least a portionof the rent, and, if he tries to evict you, you must deposit all of the money you have saved with the court until the eviction case is over. THE TENANT'S RESPONSIBILITIES * Florida Statutes, Section 83.51, require a tenant to comply with the local Property Maintenance Code. This means that the tenant must: 1. Keep the house or apartment in a clean and sanitary manner. 2. Remove all garbage from the house or apartment in a clean and sanitary manner (for example, use garbage cans). 3. Keep all plumbing fixtures in the house or apartment used by the tenant in a clean and sanitary manner and in good repair. 4. Properly use and operate all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, which are in the apartment or house. 5. Not destroy, damage or in any way misuse the property itself. This includes not permitting any tenant's guests to do so either. 6. Not remove anything from the house or apartment which does not belong to the tenant (for example, cannot remove light fixture which was in the property when tenant moved in). 7. Conduct themselves and require anyone who visits them to act in a way that does not disturb the peace. TENANTS FAILURE TO MEET LEASE OBLIGATIONS * Except for the failure to pay rent, a landlord must notify you, in writing, of the shortcoming and give you seven days to correct the situation. If you still have not complied after seven days, the landlord can begin the eviction process. EVICTION * The eviction notice is the landlord's request or formal demand made to the tenant. It asks the tenant to move out. It is delivered to the tenant only, and is not filed in court. * If the tenant does not voluntarily move as requested by the eviction notice, the landlord may file an eviction case in court. The eviction case is the landlord's request or formal demand made to the County Court. It asks the Court to evict the tenant. * The request is made in a Summons and Complaint, which is delivered to the tenant by a process server. * The tenant has five business days to file a written answer to the Summons and Complaint or he/she will be evicted. TENANTS FAILURE TO PAY RENT * The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move. If you do not pay rent or move, the landlord may begin action to evict you. * In order for the landlord to gain payment of the rent or possession of the dwelling, he must file suit in county court, and provide the court with a copy of the three day notice. * If the court agrees with the landlord, it will notify you in writing. You then have five days (excluding weekends and legal holidays) to respond, also in writing, to the court. * If you don't respond or a judgment is entered against you, the clerk of the county court will issue a "writ of possession" to the sheriff who will notify you that you will be evicted in 24 hours. * You have the right to stay in your apartment until the landlord files an eviction case and a judge decides your case. The landlord must deliver an eviction notice before he can file an eviction case. The landlord cannot put you out unless he wins the eviction case in court. OTHER TYPES OF EVICTIONS * Under certain circumstances, if the tenant has exhibited a lack of consideration for the rights and privacy of others, a landlord has the right to require a tenant to move with very little notice. * In some cases (destruction, damage, misuse of property, unreasonable disturbances), the landlord does not have to give you the opportunity to cure the problem and may terminate your tenancy by giving you a seven-day written notice. LANDLORDS CAN'T JUST THROW YOU OUT! * Only a judge can order you evicted, and only the Sheriff can put you out of your home! (See "EVICTION" feature) * Florida law does not allow a landlord to force a tenant out by: 1. Shutting off the utilities or interrupting service, even if the service is in the landlord's name. 2. Changing the locks or using a device that denies the tenant access. 3. Removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement). 4. Removing the tenant's personal property from the dwelling unit unless action is taken after surrender, abandonment or a lawful eviction. * A landlord may not evict a tenant solely in retaliation for the tenant complaining to a governmental agency about a code violation, joining or establishing a tenant's "union" or similar organization, or asserting other tenant rights. * If any of these occur, the tenant may sue for actual and consequential damages or three month's rent, whichever is greater, plus court costs and attorney's fees. WHEN YOU DECIDE TO MOVE * When you decide to move from the rental dwelling don't forget to give the required notice! Be sure to check your lease agreement for the specific time period that is required for appropriate notification to terminate the lease. * If a specific time period is not included in your lease agreement, the table below indicates an appropriate notification time period to provide written notice: Payment Schedule Days of written notice required (before contract termination)  Weekly 7 days Monthly 15 days Quarterly 30 days Yearly 60 days * Send all correspondence relating to your intention to move to the landlord by certified mail (return receipt requested) or deliver it by hand and insist on a receipt. * It is a good idea to talk with the landlord in person, if you must cancel a lease before its expiration date, perhaps the landlord will accept your security deposit as your total financial obligation. If so, be sure to obtain a signed agreement to this effect from the landlord. * One of your most important responsibilities as a tenant is to leave the premises in clean condition for the next occupant. * Take a last walk-through with the landlord before you vacate the premises, and note any damages in writing and reach a final agreement concerning any financial penalties that may occur. YOUR SECURITY DEPOSIT * As previously mentioned, always take a last walk-through with the landlord before you vacate the rental dwelling! Note any damages in writing and reach a final agreement concerning any financial penalties which may occur, or that may jeopardize the status of your security deposit return. * When you move out, your landlord must either return your deposit (plus interest, if applicable) within 15 days of termination of the lease, or justify in writing, within the 15 day period, why he is keeping a portion or all of the money. The justification must be sent by certified mail to your last known mail address. * If the notice is not sent as required within the 15-day period, the landlord forfeits his right to impose a claim unless you failed to give proper notice prior to vacating. * If the tenant objects to the landlord retaining all or a portion of the deposit the matter may be taken to Small Claims Court.

How much notice must be given before a landlord enters the rental unitÉ

Landlord must give notice to enter the rental unit

A landlord may enter a rental unit to inspect for maintenance problems, make repairs, do work or replace something. 

If a landlord wishes to enter a rental unit for one of these reasons, the landlord must give the tenant written notice at least 24 hours before the landlord plans to enter. 

The written notice must include:

• the reason why the landlord wishes to enter,
• the date the landlord will enter, and 
• a time of entry between 8:00 a.m. and 8:00 p.m.

Can you ask about a tenants income and credit references when applying for a rental uni

Can a landlord ask a person applying for a rental unit to provide information about their Income, credit references and rental history?

Yes, when choosing a new tenant, a landlord can ask the person applying for the rental unit to provide information such as: current residence, rental history, employment history, personal references and income information (if credit references and rental history information are also requested).  However, the Ontario Human Rights Code has special rules about asking for information about the income of a prospective tenant.  Landlords must follow these rules. 

What if you don't agree with the decision?

If I do not agree with the decision that is made, is there anything that I can do?

If you think that there is an error in the order, or you were not given the opportunity to participate (e.g. the applicant didn’t make you aware of the application as they were supposed to), you may have some options available to you.  Depending on your situation, you might be able to:

• file a motion to set aside;
• request an amendment because of a clerical error;
• request a review because of a serious error; or
• appeal the decision to the courts because of a legal error.

What if the tenant doesn't move out?

What can a landlord do if the tenant does not move out of the unit by the date set out in the eviction order?

Orders issued by the Board are legally binding decisions - they must be obeyed.  If the tenant is ordered to leave by a specific date and has not, then the landlord can file the eviction order at the Court Enforcement Office, pay the applicable fee, and ask the Sheriff to remove the tenant from the unit.

The Sheriff will usually give the tenant a notice that tells them the date they will come to the unit to evict the tenant.  If the tenant has not moved out by that date, the Sheriff will go to the unit and remove the tenant from the unit.  The locks on the unit can then be changed.

Only the Sheriff can evict a tenant who does not leave a unit as directed by an eviction order issued by the Board.

Refusal to pay when ordered by the Board?

What can be done if the landlord or tenant refuses to pay money they were ordered to pay by the Board?

Orders issued by the Board are legally binding decisions - they must be obeyed.  If one person is ordered to pay the other person money and they do not, then the person who is owed the money can file the order with Small Claims Court to have it enforced.

Can a landlord evict a tenant for having a pet?

Can a landlord evict a tenant for having a pet?

A tenant can be evicted for having a pet in their unit only if:

• the pet is making too much noise, damaging the unit, or causing an allergic reaction, or
• the animal or species is considered to be inherently dangerous. 

Even if the tenancy agreement has a ‘no pets’ rule in it, the tenant cannot be evicted just for having a pet unless the Board decides in an order that the pet is causing a problem, or that the pet is inherently dangerous.

Can a tenant be evicted in the winter?

Can a tenant be evicted in the winter?

Yes. There is nothing in the Residential Tenancies Act that prevents a tenant from being evicted during the winter months.

For what reasons can a landlord evict a tenant?

There are different reasons for evicting a tenant.

For some reasons, a landlord can only evict a tenant at the end of the tenancy agreement (at the end of a lease) – in most of these situations, the tenant has not done anything wrong, but the landlord needs the unit back.

Other reasons allow a landlord to evict a tenant in the middle of their tenancy agreement or lease– these are generally situations where the tenant or someone the tenant let into their building has done something wrong.  For example, the tenant has not paid their rent or has damaged the rental property.

Can the landlord refuse to rent to a person if they have a pet?

Can the landlord refuse to rent to a person if they have a pet?

Yes, if a landlord has a “no pets” policy and they learn that a person applying to rent an apartment has a pet, the landlord may refuse to rent to that person. 

The Residential Tenancies Act states that any clause in a lease that prohibits pets is void.  This means that once a person becomes a tenant, if they have a pet even though the lease says pets are not allowed, the landlord cannot evict the tenant just for having the pet.  However, the Landlord can apply to the Board to evict a tenant if the pet is causing a problem.

Can a landlord evict a tenant for having a pet?

A tenant can be evicted for having a pet in their unit only if:

• the pet is making too much noise, damaging the unit, or causing an allergic reaction, or
• the animal or species is considered to be inherently dangerous. 

Even if the tenancy agreement has a ‘no pets’ rule in it, the tenant cannot be evicted just for having a pet unless the Board decides in an order that the pet is causing a problem, or that the pet is inherently dangerous

Ontario Residential Tenancies Act- link

http://www.e-laws.gov.on.ca/html/regs/english/elaws_regs_060516_e.htm#BK18
ACCESS TO THE RESIDENTIAL TENANCIES ACT IN ONTARIO, CANADA
click on this link to redirect you to that law.

NON SUFFICIENT FUNDS CHARGES

Non-Sufficient Funds Charges

Under section 87 of the RTA, where a landlord applies for an order for the payment of arrears of rent, the application may include a claim for the amount of NSF charges paid to a financial institution in respect of cheques tendered to the landlord by the tenant, plus the landlord’s administrative charges in respect of those cheques.  The administrative charges are limited to a maximum of $20.00 per cheque per section 17 of Regulation 516/06.

These charges, if claimed, will normally be awarded and, if the order terminates the tenancy, the tenant will have to pay these amounts in addition to the other amounts payable in order to avoid eviction.  See also the section below on Amount Payable to Prevent an Eviction.

Although a landlord may apply for NSF charges, they cannot be claimed in an N4 notice of termination.  Under subsection 59(3) of the RTA, a notice of termination is void if the tenant pays the arrears and the additional rent that has become owing.  There is no requirement for the tenant to pay NSF charges to void the notice. Therefore, including NSF charges on an N4 will likely invalidate the notice.

Rent receipts

Rent receipts

A landlord must give the tenant a receipt for any rent payment, rent deposit or other charge, if the tenant asks for one.

A landlord must also give a former tenant a receipt if that person asks for one within 12 months after the end of their tenancy.

The landlord cannot charge a fee for giving a receipt.

FREE FORM- INSPECTION FORM to be used when moving in or out of the apartment or house

Looking for a form that is absolutely free. No hassles, no hidden fees, no writing across the whole form so that you cannot use them and definitely no need to submit your email address or become a member.  You need a form for the tenant to sign when they move in to indicate the condition of the apartment, appliances etc.  This is a three page document that every tenant and landlord should have on file.  |It is not necessary but it is a good idea.

The same form can be used when moving out.  I have created two documents that are basically identical--the only difference is that one is signed when moving in and the other when they move out.
To access this form just click on MOVING IN INSPECTION FORM  and for MOVING OUT INSPECTION FORM TO ACESS THEM.  They are Excel files and you will need excel to access them.  As soon as I have time I will try and get either PDF or Microsoft word files.
Good Luck and don't hesitate to leave any comments on the use of these forms.

Looking for a Company that covers both Canada and United States for Tenant Screening- This is it

                    title="Tenant Screening, Tenant Verification Screening, Rental Credit Checks, and Background Screening Services">

Membership

How TVS membership works:

1. You must Sign Up to become a member; there is no cost for this. However, there is a membership & confidentiality agreement that you need to review and agree to before you can use the Service. TVS must establish your Identity and your permissible purpose for obtaining Consumer information.
2. You must provide documents as per the membership application confirming rental property ownership and documents that identify who you are before the account can be activated.
   NOTICE: TVS requires documentation in Compliance with Credit Bureau Policy
   
   Please see below which documents are required from you:
   
   

   Landlord

   1. Current telephone or cellular bill. MUST be current and list your name, current residence, and the phone number listed on your application (check our FAQs for exceptions).
   2. Proof of identification (valid driver's license or Passport)
   3. Proof of ownership for the rental property (two of the following documents: Deed, Insurance Declaration, Mortgage Statement, Title or Transfer Papers, Settlement Statement, Escrow, Utility, Purchase and Sales Agreement)
   
   IMPORTANT: If your residence and rental property address are the same, please contact TVS prior to filling out a membership application to find out what documents are required.

   Property Manager

   1. Property Management Agreement which is signed by you and the Property Owner (If you are doing this on behalf of a friend, please click here to see what is required).
   2. Clear copy of your valid driver's license or Passport
   3. Copy of a valid business license (if applicable)
   4. Current telephone or cellular bill. MUST be current and list your name, current residence, and the phone number listed on your application (check our FAQs for exceptions).

   
   
3. The turn around time for the reports that you order online is 2-3 minutes and they are posted to your account on the website.
4. Review the Operating Instructions that you will receive immediately after sign up.
5. TVS will activate your account when documents are received. If application or documents are submitted after Office hours, TVS will activate you the next business day. Also note that the documents need to show the rental property address and your name (they need to be clear enough so TVS Operators can read them).
   TIP: When photocopying documents, set the photocopier to light, particularly for a Driver's License.

Other reasons for eviction

Other reasons for eviction

There are some other reasons for eviction that are not related to what the tenant has done or not done. For example:

• the landlord wants the rental unit for their own use or for the use of an immediate family member or a caregiver,

• the landlord has agreed to sell the property and the purchaser wants all or part of the property for their own use or for the use of an immediate family member or a caregiver,

• the landlord plans major repairs or renovations that require a building permit and vacant possession,

• the landlord plans to demolish the rental property,

• in a care home that is occupied for the sole reason of receiving therapy or rehabilitation, the tenant’s rehabilitation or therapy program has ended,

• a tenant of a care home needs more care than the care home can provide, or no longer needs the level of care provided by the landlord.

When can the landlord end a tenancy?

Ending a tenancy by the landlord

A landlord can end a tenancy only for the reasons allowed by the Act.

The first step is for the landlord to give the tenant notice in writing that they want the tenant to move out. The proper forms a landlord must use for giving a notice to end the tenancy are available from the Board.

If the tenant does not move out after receiving the notice, the landlord can ask the Board to end the tenancy by filing an application. The Board will decide if the tenancy should end after holding a hearing. Both the landlord and the tenant can come to the hearing and explain their side to a Member of the Board.


The Act allows a landlord to give a tenant notice if the tenant, the tenant’s guest or someone else who lives in the rental unit either does something they should not do, or does not do something they should. For example:

• not paying the rent in full,
• persistently paying the rent late,
• causing damage to the rental property,
• illegal activity,
• affecting the safety of others,
• disturbing the enjoyment of other tenants or the landlord,
• allowing too many people to live in the rental unit (“overcrowding”),
• not reporting income in subsidized housing.

In some cases, a landlord can give a tenant notice based on the presence or conduct of a pet the tenant is keeping, such as where a pet causes damage to the rental property.

What if a tenant wants to Leave?

If a tenant wants to leave

A tenant must give their landlord written notice if they plan to move out. The proper form for this notice (Form N9) is available from the Board. The amount of notice that is required is based on the rental period, as follows:

If the tenant:	then the tenant must give:	and the termination date must be:
pays rent on a daily orweekly basis,	at least 28 days notice,	the end of a weekly rental period.  (This only applies to weekly tenancies.)
pays rent on a monthlybasis,	at least 60 days notice,	the end of a monthly rental period.
has a lease for a fixed term,	at least 60 days notice,	no earlier than the last day of the lease.

A tenant and landlord can agree to end a tenancy early. The parties can make an oral agreement to end the tenancy, but it is best to have a written agreement. A notice of termination does not have to be given by either the landlord or the tenant if there is an agreement to end the tenancy.

A tenant in a care home can end a tenancy early, by giving at least 30 days notice in writing to the landlord.

Entry with 24 hours Written Notice

Entry with 24 hours written notice

A landlord can enter the rental unit between 8 a.m. and 8 p.m., and only if they have given the tenant 24 hours written notice:

• to make repairs or do work in the unit, 
• to carry out an inspection, where reasonable, in order to determine whether repairs are needed,
• to allow a potential mortgagee or insurer of the complex to view the unit, 
• to allow a potential purchaser to view the rental unit (note: the Act also allows a registered real estate agent or broker to enter for this purpose if they have written authorization from the landlord),
• to allow an engineer, architect or other similar professional to make an inspection for a proposed conversion under the Condominium Act; or
• for any reasonable purpose allowed by the rental agreement.

The notice must include the reason why the landlord wants to enter the rental unit and must state what time, between 8 a.m. and 8 p.m., the landlord will enter the unit. If the landlord gives the tenant the correct notice, the landlord can enter even if the tenant is not at home.

When can a Landlord enter without written notice

Entry without written notice

A landlord can enter a tenant’s rental unit without written notice if:

• there is an emergency such as a fire, 
• the tenant agrees to let the landlord in, 
• a care home tenant has agreed in writing that the landlord can come in to check on their condition at regular intervals.

A landlord can enter a rental unit without written notice, between 8 a.m. and 8 p.m.if:

• the rental agreement requires the landlord to clean the unit – unless the agreement allows different hours for cleaning, 
• the landlord or tenant has given a notice of termination, or they have an agreement to end the tenancy, and the landlord wants to show the unit to a potential new tenant (in this case, although notice is not required, the landlord must try to tell the tenant before entering for this reason).