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Essential Tips for Navigating Florida's Residential Property Law

Essential Tips for Navigating Florida's Residential Property Law

September 25, 20243 min read

Navigating Florida’s residential property laws can feel overwhelming, but understanding your rights and responsibilities can make a world of difference, whether you're renting, owning, or managing a property. Let’s break it down into some essential tips to help you feel more confident.

First up is the lease agreement. This is the backbone of any rental relationship, and it’s crucial to read it carefully, even if it seems like a bunch of legal jargon. In Florida, leases can be either written or verbal, but having everything in writing offers way more protection. Pay close attention to the details—rent amount, due dates, what’s covered, and any special rules. And if anything changes along the way, make sure it’s documented. A written record can save you a lot of headaches later.

When it comes to security deposits, they can often be a point of tension. Florida law is clear on this: landlords have 15 days to return your deposit if there are no issues or must notify you within 30 days if they plan to make deductions. A little pro tip—take photos or videos of the property when you move in and out. This helps avoid any “he-said-she-said” moments if there’s a disagreement over damages.

Maintenance and repairs can sometimes cause friction between tenants and landlords. By law, landlords need to make sure the property is safe, livable, and meets health standards—things like functional plumbing and heating. On the flip side, tenants are responsible for keeping the place tidy and not causing damage. Always report repair needs in writing. If you’re a tenant dealing with a major issue that’s not being fixed, you might have the right to withhold rent, but be careful! This process has to be done properly, usually involving written notices and setting up an escrow account.

Evictions are another hot topic and can be stressful for everyone involved. Florida law requires landlords to follow specific steps, starting with giving proper notice—usually three days for unpaid rent or seven days for other lease violations. If you’re facing eviction, remember you have the right to present your case in court. And landlords, a word of caution: you can’t change locks or cut off utilities to force someone out—that’s illegal and can lead to big trouble.

When it comes to rent increases, Florida doesn’t have statewide rent control, meaning landlords can increase rent as they see fit, but they must give reasonable notice, especially if you’re on a month-to-month lease. Tenants, make sure to keep records of every rent payment, just in case there’s ever a dispute.

If you’re living in a property that’s facing foreclosure, don’t panic. Florida law provides some protections, and in many cases, you can stay until your lease ends. It’s essential to know your rights and keep an eye out for any notices.

For homeowners in communities with a Homeowners Association (HOA), make sure you’re familiar with the rules and attend HOA meetings. It might seem like a hassle, but it helps you stay informed and gives you a voice in any changes that might affect your living situation. And speaking of homeownership, if you own your home and live in it as your primary residence, don’t miss out on Florida’s Homestead Exemption, which can help you save on property taxes—just be sure to apply by the deadline!

At the end of the day, Florida's residential property laws can be tricky, and it’s okay to feel unsure at times. When things get complicated, don’t hesitate to reach out to a real estate attorney who can help guide you through the process. Staying informed and proactive can make all the difference, whether you’re renting, managing, or owning a property in Florida. With these tips in hand, you’ll be better equipped to handle whatever comes your way!

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Bishoy Habib

Bishoy has spent his entire 11 year legal career focused on real estate and financial transactions. He has represented developers, investors and financial institutions in transactions totaling over $12 Billion to date. Bishoy began his legal career in New York City, where he worked on commercial real estate transactions for a large hotel developer in Manhattan. When Bishoy moved back to Florida, he concentrated on finance law, representing local governments, banks, underwriters, bondholders and trustees in complex financings. Subsequently, Bishoy shifted his focus back to real estate, representing a wide array of real estate developers, builders, lenders and real estate brokerages for all their legal needs. Bishoy is an active member of the Florida Bar and the New York Bar. He is also a licensed real estate Broker in Florida. Outside of the legal profession, Bishoy enjoys playing sports and traveling. He also co-founded a sports event management company with high profile clients such as Jameis Winston, Todd Gurley, Le’Veon Bell, DeSean Jackson and the North Carolina Mens Basketball Team.

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