Before renting out your home, it is important to understand the fair housing laws that tenants
and landlords must follow. Read on to learn more about tenant and landlord rights under
Florida’s fair housing laws.
Tenant Rights
Under Florida and the Federal Fair Housing Act, tenants have a right to live where they want to
live. You cannot refuse to rent out your home to someone because of these characteristics:
– Race/color
– Religion
– Gender
– Disability
– National origin
– Family status (such as pregnancy, having children, or other family situations)
A tenant is guaranteed a right to privacy when renting a home. You can enter the dwelling to fix
repairs or inspect the premises as the tenant needs. However, you must set up a time with the
tenant to enter the property. In emergencies, the notice time may be shortened or overlooked.
Any property must be fit to live in for the tenants and comply with any safety, building, and
health codes. A tenant has the right to withhold rent when you fail to provide a livable home.
Tenants must give you seven days’ notice of the problem. If you don’t fix the issue, the tenant
can go to court to seek assistance and pay for the problem using the withheld rent money.
The tenant has the right to move out of the home. Depending on the lease, the tenant may
have to put in a 60-day notice before moving out.
Leases can also affect the tenant’s rights. Before signing a lease, a tenant should carefully
review it. The Florida Residential Landlord Tenant Act will take precedence over any lease.
Landlord Rights
Tenants have the responsibility to take care of the home and follow housing codes. The
property should not be damaged at the end of this lease, other than normal wear and tear. If
tenants are damaging the property significantly beyond normal wear and tear, you have the
right to evict them. It is in your best interest to have a written lease signed by all parties. This
makes rules and obligations clear and straightforward.
If the tenant moves out and is absent for 15 days or more without notifying you, this is
considered abandonment. You can re-enter the home without permission in the case of
abandonment. If there were personal belongings left or has left a significant amount of rent
unpaid, you should seek legal advice on how to move forward. Other situations where you may
need legal advice or help from the court include:
– The tenant doesn’t pay rent
– The tenant will not move out at the end of the rental period
– The tenant is disputing the amount of rent due
Before seeking legal advice or help, you must provide notices of eviction and the reason for
eviction.
If you need help managing your rental properties in Marion County, Rental Property
Management in Ocala can help. We know all the laws, regulations and best practices for renting
out properties. Schedule a call with one of our property management consultants today!
