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

Florida PMServices • July 3, 2020

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

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.

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By Florida PMServices • September 11, 2026

What is it? A cost segregation study looks at the different parts of a rental property to see which ones can be depreciated faster. This can allow investors to take some deductions sooner instead of spreading them out over the standard 27.5 years. Who uses it? It’s mainly used by real estate investors and property owners who want to claim larger depreciation deductions sooner on their rental properties. A qualified tax professional or cost segregation specialist typically performs the study. Where does it apply? Cost segregation can be used on residential rental properties, including single-family rentals, although whether it makes financial sense depends on the property and the investor's tax situation. The IRS specifically provides guidance for cost segregation studies involving residential rental property. When should investors consider it? It is often considered when purchasing, constructing, or making significant improvements to a rental property. Investors can also look at existing properties, but the potential benefit depends on the property's cost, improvements, and tax circumstances. Why does it matter? The goal is to potentially move some depreciation deductions into earlier years, which can reduce taxable income sooner and potentially improve near-term cash flow. It doesn't create new value in the property, it changes when certain costs may be deducted for tax purposes. Investor Takeaway: A cost segregation study can be worth exploring for investors with higher-value rental properties or significant improvements, but the potential tax benefit varies from property to property. It is recommended to always work with a qualified tax professional to determine whether a study makes sense for your situation.

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