Whether you are a landlord or a tenant, it is essential to know the rights and responsibilities of tenants as outlined by Florida law. Even in the absence of a lease, these laws will serve in its place. 

Specifically, it is Chapter 83 of the Florida Residential Landlord Tenant Act that outlines these rights and responsibilities. According to statute, every tenant has a right to the following:

  • Operable doors and windows (with locks)
  • Hot water and heat
  • Plumbing
  • The installation of working smoke detectors before the tenant moves in (for single-family homes and duplexes) 

As a landlord, your lease cannot override the Florida Residential Tenant Act. For example, your lease might state that you can enter the premises as needed. Regardless of what it says or what was signed, this goes against Florida law. Landlords can only enter for agreed-upon repairs. Notice must be given to the tenant, and you should make accommodations to be there at a convenient time. 

Miami-Dade Change From 15 to 30 Days

In Miami-Dade County, legislation was introduced—and passed—that changes the notice requirement for termination of leases. Landlords in Miami-Dade County need to understand the Florida Residential Tenant Act and follow any changes made to it. This is what changed:

Under the Florida Residential Tenant Act, as a  landlord, you must give at least 15 days notice to month-to-month tenants advising that you are terminating the rental agreement. For anyone who lives in Miami-Dade County, that timeline changed to a minimum of 30 days

The Miami-Dade Board of County Commissioners made the change from 15 to 30 days. Generally, state law governs landlord-tenant relationships. Local officials acknowledged as much. However, those same officials felt that tenants needed more time to locate new housing once a lease was terminated.  The change from 15 to 30 days is something that could be amended once the pandemic has ended. According to Florida law, if the tenant is paying weekly, they only have to give a week’s notice to the landlord.

If you are a landlord in Miami-Dade County who has followed and understood the Florida Residential Tenant Act, 15 days notice no longer applies. Plan on giving your month-to-month tenants a minimum of 30 days of notice.  

Atlas Law 

At Atlas Law, we are a landlord’s advocate. If you need legal counseling regarding the eviction of a tenant, contact Atlas Law to schedule a consultation. We distinguish ourselves by practicing in every county in Florida, across multiple jurisdictions.