Landlord-Tenant Law: How to Protect Yourself and Your Asset

Florida PMServices • July 3, 2020
Landlord-Tenant Law: How to Protect Yourself and Your Asset - Article Banner
When you’re renting out a property in Florida, you need to have a thorough understanding of the landlord and tenant laws. You need to provide a habitable and safe home for your tenants, and your tenants in return must pay you the agreed-upon rent every month. Those are the basics when you enter into a lease agreement, but you have to make sure you know more than the basics. It’s the only way to protect your rights as a landlord and to protect the value of your investment property.

Mistakes are easy and expensive when you don’t know or understand your legal requirements. 

The first thing you need to do is make sure you have a strong lease agreement that protects you and your tenants. Don’t download any template you find online because it won’t necessarily cover all the laws and requirements in Florida. Ask for a lease from a Florida property manager or real estate attorney. 

We’re covering some of the basics to landlord and tenant laws today. However, this is in no way a comprehensive or exhaustive discussion about what you need to know. We strongly encourage you to educate yourself completely on the landlord and tenant laws, or to work with a professional property management company that can keep you safe from liability and ensure you’re always in compliance. 

Federal Laws – Fair Housing and ADA

Some of the most important laws that landlords must pay attention to are federal laws. 

Fair housing laws, for example, make it illegal to discriminate against several classes of people when you’re marketing your property, screening applications, or enforcing your lease with tenants. Make sure you’re consistent, and have documented processes that demonstrate you are fair and treating everyone equally. You cannot make decisions or take actions based on a tenant’s or applicant’s color, race, religion, national origin, sex, disability, or familial status. 

The Americans with Disabilities Act is also important for Florida landlords to know. It’s not enough to avoid discriminating against people with disabilities when it comes to your property; you’re also required to make reasonable accommodations for people who need them. Service and support animals are a big part of this, and it’s an area of the law that’s always changing and updating.

Florida Security Deposit Laws 

There is no limit to the security deposit amount that you collect. However, there are a lot of details involved in the collection and return of a Florida security deposit: 

  • First, you must disclose in writing whether a security deposit will be held in an interest or non-interest bearing account. Other information you have to provide includes the rate and time of interest payments, and the address of the bank where the security deposit is held. The law requires you to provide this information within 30 days of receiving a security deposit. We recommend you put it into your lease agreement so your tenants can access it before moving in and during the tenancy.  
  • You need to hold the security deposit in a Florida bank with a local branch office, even if you live outside the state. Security deposits do not need to be held in an interest-bearing account, but if they are, interest payments must be made both annually and at the termination of the tenancy. If you offer your tenants a renewal, you should pay interest on or before the one-year anniversary of the lease being executed. 
  • Florida law requires landlords to return a tenant’s security deposit within 15 days of move-out if there are no reasons to deduct money from that deposit. If you do plan to make deductions based on damage, cleaning costs, or past due accounts, you’ll have to return the remaining deposit and a detailed accounting within 30 days. 

Reasons to Evict a Florida Tenant 
legal eviction - court

Causes for terminating a tenancy include failure to pay rent, violation of a lease or rental agreement, and illegal activities. Most landlords will evict because a tenant isn’t paying rent. When that happens, the first step is serving a Three Day Notice to Pay or Quit. That essentially gives the tenants three days to catch up with the overdue rent or move out. If those three business days come and go without a rental payment or a vacancy, the landlord can then pursue a legal eviction through the courts. 


These are just a few of the legal requirements every rental property owner in Florida needs to know. We can help you avoid expensive legal mistakes and assist you in the better management of your rental property. Please contact us at Florida Property Management Services. 


Share this post

By Florida PMServices June 10, 2026
Think again !!
By Florida PMServices June 9, 2026
Welcome to this month’s Investor Newsletter. With market conditions varying widely from one metro to the next, staying informed has never been more important. This edition dives into the shift away from a one-size-fits-all housing market, highlights the hidden value of assumable mortgages, and covers the SFR headlines worth watching this month. Let’s dive in! The Death of the “National Housing Market”: Why Local Knowledge Is the New Investor Edge For years, real estate investors could rely on a familiar narrative: the housing market is hot or the market is cooling. But in 2026, that headline is becoming less and less applicable as there is no longer just one housing market. Instead, there are thousands of local markets moving at different speeds. At the national level, housing appears more balanced than it has in years. According to Realtor.com’s Housing Market Report , April contract signings rose 4.5% year over year, while new listings reached their highest level since 2022. On paper, that suggests momentum is returning, but beneath the surface, the story can change by region, metro, and even ZIP code. Realtor.com found that performance across the top 50 U.S. metros varies widely, buyer activity is picking up in some areas, while others remain slow. In fact, many of the strongest-performing housing markets in early 2026 have been concentrated in the Midwest rather than the typically strongest Sun Belt region. A recent Fortune analysis noted that affordability and home pricing are helping Midwest markets outperform many southern metros in which are now facing softer demand and rising inventory. Rental performance is becoming just as localized too. The latest SFR Index found rent growth slowing significantly compared to prior years, with standalone SFR rents increasing just 0.8% year over year nationally in February. Meanwhile, some markets continue to stabilize while others face more pressure from new supply and affordability challenges. Additionally, according to a Yardi Matrix report , areas with more new construction, particularly in parts of the Sun Belt, are seeing weaker rent growth. Local market changes often show up first in property management data. Leasing activity, renewal rates, concessions, and tenant demand tend to change at the neighborhood level long before national housing reports reflect them. One area may remain highly competitive while a nearby neighborhood sees slower leasing activity. As an investor, it may be time to look beyond national headlines and even citywide trends when evaluating markets. You may want to look at where homes are leasing fastest and which neighborhoods are seeing new supply. Competitive edge may not come from choosing the right city, but from understanding the right block. As your property management company, we are here to help, so please reach out if you have any questions about your market. Did You Know: Assumable Mortgages Everything You Need to Know in 60 Seconds! What exactly is an assumable mortgage? Instead of getting a brand-new loan, the buyer takes over (or “assumes”) the seller’s existing mortgage, including the current interest rate, remaining balance, and loan terms. Not all loans qualify, but many FHA, VA, and USDA loans do, while most conventional loans do not. Who can use this? Real estate investors, homebuyers, and sellers can all benefit. For investors, assumable loans can be attractive when today’s interest rates are much higher than the seller’s existing loan rate. On the other side, it can also be used as a major selling point. Where can investors find this? Assumable mortgages can be found nationwide, but availability depends on the financing already attached to the property. Most conventional bank loans have a "due-on-sale" clause, which means they cannot be assumed. When is the best time to use this? These loans become especially valuable when current mortgage rates are much higher than rates from previous years. Assuming a mortgage at 3% instead of getting a new loan at 7% could dramatically reduce monthly payments for investors. Why does this matter? As a buyer, an assumable mortgage can help improve cash flow, lower financing costs, and make a property more attractive to future buyers. As a seller, it acts as a massive marketing tool. Offering a built-in low interest rate allows your property to stand out. Investor Takeaway: A low-rate assumable mortgage can be a valuable opportunity when buying AND a strong selling feature when it’s time to exit an investment. SFR Trending Headlines Stay Up to Date on the Hottest SFR News & Stories Are Single-Family Rentals Climbing While Apartments Slump? The Summer Pause : Why Zillow Says the Housing Recovery Just Hit a Wall Lizzo Offloads Her Beverly Hills Compound at a Massive $4M Discount Wall Street Is Betting $15 Billion on a Brand-New Wave of Housing Supply Why Ellen DeGeneres Just Listed Her $30M Eco-Farmhouse and Left for the UK Rate Update: We've Partnered with LendingOne to Bring You The Best DSCR Rates & Terms! DSCR Loan Advantages: Rates Often Lower Than Banks No Personal Income Requirement No Tax Returns Needed Not Reported on Credit Faster Closing Times Specialized Loans for Investors Only! To Inquire about Single Family Investor loans by email us at office@properties.rent Until Next Month! The Florida Property Management Services Team
By Florida PMServices June 4, 2026
Florida HB 803 is a new law that exempts certain residential construction work valued under $7,500 from building permit requirements, effective July 1, 2026. This law aims to simplify the permitting process and reduce delays for small home improvement projects. Resources: Florida House Adam & Reese Attorneys Overview of Florida HB 803 Florida HB 803 is a new law that significantly changes the building permit requirements for residential construction in Florida. It is set to take effect on July 1, 2026. Key Provisions Permit Exemption: Residential construction work valued under $7,500 is exempt from building permit requirements. Local Government Limitations: Local officials are restricted from inspecting exempted work. Temporary Structures: The law allows for certain temporary hurricane or flood protection walls to be built without a permit. Additional Changes Private Provider Authority: Expands the role of private providers in the permitting process, reducing local oversight. Homeowners' Associations: Prohibits HOAs from requiring permits for architectural reviews of proposed improvements. Permit Review Deadlines: Introduces mandatory deadlines for permit reviews, aiming to speed up the process. Important Considerations Written Request: Homeowners or contractors must submit a written request for exemption to the local enforcement agency. Prohibition on Project Splitting: Projects cannot be divided into smaller components to evade the $7,500 threshold. Exclusions: The exemption does not apply to electrical, plumbing, mechanical, gas, or structural work. This law aims to streamline the permitting process, reduce costs, and encourage home improvement projects across Florida. Very Important to remember: Under Florida HB 803, residential construction work valued under $7,500 is exempt from building permits, except for electrical, plumbing, mechanical, gas, or structural work, which still require permits regardless of cost. The exemption also does not apply to properties in flood hazard areas
Show More