- The landlord has 60 days to return your security deposit
False: Section 83.49 3 (a) Florida Statute provides that the landlord has 30 days in which to make a claim against tenants security deposit. The claim must be sent by certified mail.
- If it’s in the lease, it’s legally binding
False: Section 83.47 1 (a) Florida Statutes provides that no provision of a rental agreement that waives or precludes the rights, remedies, or requirements of Florida Statutes Chapter 83, Residential Tenancies, is void and unenforceable
- The landlord can enter your home anytime
Partially True: Section 83.53, Florida Statutes provides that the landlord may enter the rental unit at any time for the protection or preservation of the rental unit. Otherwise the landlord may enter upon 12 hours written notice between 7:30 am and 8:00 pm to make repairs. The landlord may also enter the leased premises for any other lawful purpose where 1) the tenant consents, 2) the tenant unreasonably withholds consent 3) in case of emergency.
- The landlord can evict you for any reason
False: The landlord may only file an eviction after the rental agreement has been terminated. The rental agreement is terminated by 1) the expiration of its term 2)Upon the expiration of a 3 day notice demanding payment of the rent 3) upon the expiration of a 7 day notice to cure a lease violation 4) at the end of a monthly rental period after either party has served a 15 day notice of intent not to renew a month to month lease.
- The landlord can end your lease early to move in family or to sell the property
False: The landlord has to wait until your rental agreement expires. The sale of the property does not affect the rental agreement.
- The landlord can opt-out of repairs
Partially False: Section 83.51, Florida Statutes provides that the landlord has to keep the leased premises up to code. However in a single family home or duplex, the landlords obligation to repair may be waived or altered in writing.
- The landlord doesn’t have to rent to someone recovering from drug abuse or who has been arrested
False: The Fair Housing Act protects tenants against discrimination based on a disability — which includes addiction.
HUD guidelines provide that Landlords should update their screening procedures to disregard the following or face charges of discrimination:
2. Misdemeanor convictions
3. Any adjudication that is other than guilty, such as adjudication withheld, nolle prosse
4. Convictions for possession of drugs or drug paraphernalia.
5. General felony convictions over ten years old ( you should particularize offenses that directly relate to the safety of the leased premises and other tenants)
- If you get evicted, you might have to pay a landlord’s court costs
True: Section 83.48, Florida Statues provides that the prevailing party in a landlord tenant suit may recover reasonable attorneys fees and court costs from the non-prevailing party.