Florida Landlord / Tenant Update – July 2023

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New Statute effective July 1, 2023

Florida Statute 83, which governs Landlords and Tenants has several provisions that have changed.  Here are the highlights:

Preemption. (FS 83.425) The State has effectually preempted a county or municipality from enacting laws and ordinances that govern landlords and tenants regarding screening processes, application and fees, terms and conditions of rental agreements rights and responsibilities of landlords and tenants disclosures regarding the rental unit.

Termination of Tenancy. (FS 83.57) has been amended to require 30 days termination notice on a month-to-month tenancy.  This is a change from the prior requirement of 15 days’ notice prior to the end of any monthly period.  If there is a specific term to the tenancy, then a rental agreement may not include a term that requires “less than 30 days notice or more than 60 days’ notice from either the landlord or the tenant for notice of renewal.

Many property managers and landlords utilize “form” leases. Owners should be careful using these forms.  Some of them do not comply with Florida Statutes and others have vital terms omitted.  We recommend that an attorney drafted lease be created for your rental properties.  Once you have an attorney drafted template, a landlord can be sure that all of the terms and understandings regarding the property are properly set forth and the document it can then be used for future rental engagements for the property.

Please note this article is for informational purposes only and should not be construed as legal advice. The facts and circumstances of each case, transaction, or matter can differ greatly. You should not use this information as a substitute for consulting with a licensed attorney. Barry L. Miller, P.A., and its attorneys, and staff, do not represent you unless you execute an engagement agreement with the Firm which confirms that representation.

Barry Miller Law is familiar with all aspects of real property law. If you, or someone you know, has legal questions concerning real estate, business or probate law, contact Barry Miller Law for assistance at 407-423-1700 or email us at info@BarryMillerLaw.com for a consultation.

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