What A Landlord Cannot Do In Florida

Renting residential premises – whether a house, apartment, or other type of dwelling space – is essentially a contract between the landlord and the tenant. Each party agrees to perform certain actions, and to refrain from performing others, so that a ‘meeting of the minds’ can happen in order to enact the contract. A landlord retains quite a lot of flexibility in terms of what they can do with regard to the premises, but there are certain steps a landlord should never take.

Discriminate. It may seem self-explanatory, but it is worth repeating that a landlord may not refuse a rental application on the basis of certain characteristics (including, but not limited to race, age, sex/gender, national origin, and disability). Both the federal and state Fair Housing Acts proscribe this behavior, and while there are rare exceptions (the best known is the provision in state law allowing ‘55 and over’ communities to bar young people), most of the time, discrimination is grounds for a civil complaint.

Neglect the premises. A residential landlord must keep the premises in good repair and in compliance with any relevant building codes. However, too often, landlords will take the lack of a specific building code as a reason to neglect repairs or upkeep. Doing this essentially means a landlord is in breach of the lease, allowing the tenant to take action.

Enter the dwelling without notice. This is perhaps the most contentious part of many Florida leases. A tenant has the right to ‘quiet enjoyment’ of the premises, meaning that the landlord cannot disrupt the tenant’s everyday life any more than necessary or engage in harassment. If repairs need to be made, reasonable notice is required (at least 12 hours, under Florida law) before the landlord can enter.

Evict the tenant via ‘self help’ or for an unacceptable reason. Florida law prohibits eviction of a tenant unless under very specific rules and procedures. A landlord may not try to evict them without reason, and if they do, they are prohibited from trying to evict without law enforcement. A landlord unilaterally changing the locks, for example, is known as “self-help” eviction and is strictly prohibited under state law.

Contact A Tampa Landlord-Tenant Attorney

If you suspect your landlord of engaging in any of these behaviors, it is important that you have the right legal help on your side to protect your rights. Call Alicia Seward and the Seward Law Office for a Tampa landlord-tenant attorney who will work hard for you. Contact our office today to schedule a consultation.

Source:

flsenate.gov/Laws/Statutes/2018/0760.29