An estimated 920,000 temporary residents flock to Florida each winter, staying an average of 2.7 months, according to a 2004 survey by the University of Florida. Nearly two-thirds are 55 and older. These “snowbirds” are drawn by warm weather, but also by numerous rental ads. Snowbirds can protect themselves from scams by learning about Florida’s landlord/tenant law.
The Florida Department of Agriculture and Consumer Services recommends you receive a detailed written rental agreement. Take notes and photos of any existing damage and specify any needed repairs. Your agreement should include the duration of your stay, when you’ll pay rent and any other terms. There’s no grace period for canceling, so once you sign, you’re bound. Keep a copy of all paperwork.
Your landlord is allowed to collect some rent in advance, plus a damage deposit. Your agreement should specify whether the deposit is refundable. If so, your landlord must either return your deposit within 15 days after you move or send you a letter by certified mail within 30 days explaining why he is keeping the cash. If you disagree, you have 15 days after receiving the notice to take court action or file a complaint with Florida’s Department of Agriculture and Consumer Services.
Your landlord must ensure your condo meets all building, housing and health codes. He must also maintain the roof, windows, screens, floors, steps, porches, exterior walls, foundations and plumbing. In a condo complex, your landlord must work with the homeowners’ association to provide locks and keys, extermination of pests, clean and safe common areas, garbage removal and outside dumpsters, heat, running water and hot water. As a tenant, you must comply with health and safety codes, keep your condo clean, take out the trash, repair plumbing fixtures, prevent damage to the premises and use all appliances and fixtures in a reasonable way. You should not disturb your neighbors.
Once you sign a rental agreement, the condo is considered your own, but the landlord can visit at reasonable times as long as he gives advance notice. He can come on-site to inspect the property, make repairs, add decorations, make alterations or improvements or show it to a potential buyer, tenant, mortgagee, worker or contractor. Your landlord is also legally allowed to enter your home in an emergency, if you’ve unreasonably withheld consent or if you’re at least two weeks overdue on your rent.
You are legally allowed to withhold rent if your landlord breaks your rental agreement or the law, but you must notify him in writing at least seven days before rent is due. On the flip side, your landlord has the right to give you seven days to correct any violations before starting eviction proceedings. Likewise, if you have not paid your rent, your landlord can give you a written notice requiring payment within three days before starting the eviction process. She must file suit in county court to get her rent payment or possession of the condo. If she needs you to move, she must give you seven to 60 days' notice, depending on the terms of your agreement. He can’t force you out by shutting off the utilities, changing the locks, taking out doors or windows or removing your property. If he does, you can sue for damages or three months’ rent, whichever is more, plus court fees.
Before you move out, give the notice specified in your rental agreement, settle all accounts, terminate your utility service, notify the post office and clean up. Take a final walk-through with your landlord to document the condo’s condition.
