Managing rentals in Broward isn’t just about collecting rent and fixing the occasional leak. Florida’s landlord-tenant law sets specific rules for leases, deposits, notices, repairs, access, and evictions, and the state now preempts many local ordinances. If you understand the statewide framework and a few Broward-specific realities, you’ll avoid costly mistakes and run a tighter, more compliant operation. Here’s the essential playbook you need.
Coverage And Preemption Basics For Broward Landlords
Who And What Is Covered Under Florida Residential Tenancies
Florida’s Residential Landlord and Tenant Act (Fla. Stat. § 83, Part II) governs most residential rentals, single-family homes, condos, duplexes, and apartment units. It applies whether your lease is written or oral, though a written lease is always safer.
What’s typically outside Part II? True short-term “transient” rentals (like hotels/inns), occupancy under a contract of sale before closing, some institutional housing, and situations where there’s no traditional landlord-tenant relationship.
If you’re renting a condo or home within an HOA, Florida’s landlord-tenant rules still apply. Association documents can add obligations (like application or move-in rules), but they can’t erase your statutory duties to your tenant.
State Preemption Of Local Tenant Protections And What It Means In Broward
In 2023, Florida largely preempted local regulation of the landlord-tenant relationship. That means your obligations on things like rent increase notices, fees, or screening are set by state law, not county or city ordinances. Local “tenant bill of rights” measures and expanded notice rules adopted in parts of South Florida have been displaced to the extent they conflict with state law.
Bottom line for Broward: follow the Florida statutes first. County and city rules still matter for building, fire, and code compliance, but you should not rely on local ordinances to rewrite lease, notice, or eviction procedures.
Short-Term, Association, And Roommate Situations
- Short-term/transient stays (nightly/weekly, hotel-like) can fall under different rules and taxes. If you’re doing vacation rentals, check state transient lodging rules and local licensing.
- In condos/HOAs, screen for association approval timelines and fees. Your tenant’s compliance with association rules should be clearly tied into your lease.
- Roommates where only one person is on the lease can create headaches. Consider requiring all adult occupants to sign, and clarify joint and several liability to avoid disputes over partial payments or move-outs.
Lease Essentials And Required Disclosures
Core Clauses To Include For Clarity And Compliance
A solid Florida lease should cover: rent amount and due date: where and how rent is paid: late fees and grace terms: utilities and services: maintenance responsibilities: pest control: parking: guests and occupancy limits: rules on smoking: alterations: association rules: renter’s insurance expectations: renewal/termination terms: and the process for notices. Spell out your right of entry consistent with Florida’s 24-hour notice requirement and business-hours access.
Clarity prevents disputes. If it’s not written, expect confusion later, especially around fees and utility pass-throughs.
Mandatory Florida And Federal Disclosures
- Radon disclosure: Florida requires a specific radon gas warning in residential leases.
- Landlord/agent identity and address for notices: you must disclose who is authorized to receive notices and accept service of process.
- Security deposit holding notice: within 30 days of receiving a deposit or advance rent, you must notify the tenant in writing of how and where funds are held and whether interest is paid.
- Lead-based paint disclosure for pre-1978 housing: provide the federal form and EPA pamphlet.
If you know of material conditions affecting habitability or safety, disclose them plainly. Surprises breed claims.
Application, Screening Criteria, And Written Receipts
Publish objective screening criteria up front, income, credit, rental history, and any criminal history standards. Apply the same criteria to every applicant to avoid discrimination claims. Provide receipts for application fees and deposits, and keep records. If you accept cash payments for rent or deposits, issue a dated receipt every time.
Rent Rules, Fees, And Notice Periods
Setting And Raising Rent In Florida
Florida doesn’t cap rent. You’re free to set market rates and raise rent upon renewal or, for month-to-month tenancies, with proper notice. To change terms (including rent) in a periodic tenancy, give the same notice required to terminate that tenancy.
As of recent updates, the statewide baseline notice periods for ending a tenancy without a specific end date are: 7 days for week-to-week, 30 days for month-to-month, 60 days for quarter-to-quarter, and 60 days for year-to-year. Use those same timelines when changing terms of a month-to-month arrangement.
Late Fees, Utilities, And Other Charges
There’s no statutory cap on late fees, but they must be reasonable and stated in the lease to be enforceable. Avoid amounts that look punitive. Clearly describe due dates, grace periods (if any), and how late fees accrue. For utilities, disclose how charges are allocated, any ratio utility billing, and what happens if a utility is shut off by your provider. Never cut off utilities to force payment, that’s illegal self-help.
Application fees and nonrefundable fees should be transparent and consistent with fair housing laws. If a fee is labeled “nonrefundable,” make sure your lease language supports it and that it’s not functioning like a disguised deposit.
Required Notices For Renewals, Terminations, And Changes
If your lease has a fixed end date, it either terminates on that date or renews as the lease specifies. For month-to-months, provide at least 30 days written notice for nonrenewal or material changes such as rent increases. Deliver notices as your lease requires (and as the statute permits), and keep proof.
Security Deposits And Move-Out Accounting
Collecting, Holding, And Noticing Deposit Details
You can hold deposits in a Florida bank (non-interest or interest-bearing) or post a surety bond. Within 30 days of receiving the deposit or advance rent, send the statutory written notice stating where the money is held and whether interest is paid. If you change the depository, send an updated notice within 30 days.
Keep deposit funds separate from operating money. Treat them like trust funds, you’re a steward until you make a lawful claim or return them.
Move-In/Move-Out Documentation To Protect Both Sides
Do a detailed move-in inspection with timestamped photos or video, and a checklist signed by the tenant. Repeat at move-out. Distinguish clearly between normal wear and tear (your cost) and tenant-caused damage (chargeable). Good documentation is your best friend if a deposit dispute lands in court.
Deadlines, Claim Letters, And Returning Funds
When the tenancy ends and the tenant vacates, you have:
- 15 days to return the deposit if you’re not making a claim: or
- 30 days to send a claim notice by certified mail to the tenant’s last known mailing address if you intend to impose a claim.
The claim letter must itemize charges and advise the tenant they have 15 days to object. Miss the 30-day deadline and you forfeit the right to claim against the deposit (you can still sue for damages, but not use the deposit). If there’s no objection, return any undisputed balance promptly.
Property Standards, Repairs, And Access
Landlord Maintenance Duties And Code Compliance
You must comply with applicable building, housing, and health codes. In multifamily buildings (more than three units), you’re generally responsible for maintaining roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all structural components in good repair: keeping common areas clean and safe: providing garbage receptacles: and ensuring plumbing is in reasonable working order. In single-family homes or duplexes, you and the tenant can allocate many maintenance duties by written agreement, but you still must meet code and keep plumbing working.
If an amenity is provided, like air conditioning, and your lease promises it, keep it in good working order. Your lease should outline response times and what qualifies as an emergency.
Tenant Responsibilities And Preventive Care
Tenants must keep the dwelling clean and sanitary, remove trash, use plumbing and appliances reasonably, avoid damage, and behave so as not to disturb neighbors. Your lease can add reasonable upkeep expectations, AC filter changes, lawn care in single-family rentals, and quick reporting of leaks, to prevent small issues from becoming big ones.
Entry Rights, Notice, Pest Control, And Emergency Access
Florida requires you to give reasonable notice, at least 24 hours, for nonemergency entry, and to come during reasonable times (generally 7:30 a.m. to 8:00 p.m.). Emergencies are different: you can enter as needed to protect the property or address urgent safety issues. For pest control in multifamily, you’re responsible, and tenants must temporarily vacate (up to four days) if necessary with at least seven days’ written notice. Put these details in your lease so there are no surprises.
Handling Violations And The Eviction Process
Nonpayment And Lease Violation Notices
For unpaid rent, serve a 3-business-day notice to pay or vacate. Exclude weekends and legal holidays when counting, and state the exact amount due and where/how payment may be made. For curable lease violations (like unauthorized pets or cleanliness issues), use a 7-day notice to cure: for serious noncurable violations (e.g., intentional destruction, certain criminal acts), a 7-day unconditional quit may apply. Match the notice to the issue and keep proof of service.
Filing, Service, Court Steps, And Writ Of Possession In Broward
If the default continues past the notice period, file an eviction case in Broward County Court. Tenants generally have five business days after service to respond and must deposit any alleged rent into the court registry to raise defenses to possession. You’ll receive a hearing or final judgment depending on the case posture. After a judgment for possession, the clerk issues a writ of possession. The Broward Sheriff posts a 24-hour notice, then returns to restore possession if the unit hasn’t been vacated.
Document everything, ledgers, notices, photos, communications. Clean paper wins cases.
Prohibited Self-Help And Avoiding Retaliation
You can’t change locks, remove doors, shut off utilities, or toss belongings without a writ. That’s illegal self-help and can trigger damages. Don’t retaliate against tenants for exercising legal rights (like reporting code issues). Retaliation claims can derail an otherwise solid eviction and cost you money.
Fair Housing, Screening, And Assistance Animals
Protected Classes And Advertising Compliance
You must comply with the federal Fair Housing Act, which protects race, color, religion, sex, national origin, familial status, and disability. Florida’s Fair Housing Act mirrors those protections. Broward County’s human rights ordinance also protects additional classes, including sexual orientation, gender identity/expression, marital status, age, and lawful source of income, meaning you shouldn’t refuse to rent because someone uses a housing voucher or other lawful subsidy. Your ads and screening must reflect these rules.
Criminal History Screening And Consistent Criteria
Use consistent, written standards: consider the nature and severity of the offense, how long ago it occurred, and its relevance to resident safety or property risk. Avoid blanket bans on anyone with a record. Arrests without conviction are poor screening criteria. If you take adverse action, keep notes on the legitimate, nondiscriminatory reasons.
Service Animals, ESAs, And Reasonable Accommodations
Service animals (trained) and emotional support animals (ESA) are not pets under fair housing laws. You must reasonably accommodate qualified assistance animals, no pet fees, deposits, or breed/weight restrictions. You can request reliable documentation when the disability or need isn’t obvious. Florida law addresses ESA documentation and penalties for misrepresentation, and allows you to request specific information from a health care provider with whom the person has a therapeutic relationship. You can deny requests that pose a direct threat or would impose an undue burden, but document your analysis carefully.
Conclusion
Run your Broward rentals like a pro by locking in the Florida fundamentals: clear leases with required disclosures, documented deposits and inspections, lawful notices, responsive maintenance, and a disciplined eviction process when needed. Respect fair housing, apply screening criteria consistently, and never resort to self-help.
When in doubt, default to the statute, not local lore. A short consult with a Florida landlord-tenant attorney to review your lease template and procedures is inexpensive compared to a blown eviction or a deposit dispute. Get the framework right once, and most of your day-to-day gets a lot easier.
No responses yet