Continued friction between landlords and their tenants has produced a number of proposed solutions. This relationship exists as a two-way street, but each side has some conflicting interests that can worsen these circumstances.
Landlords need to protect their livelihoods and ensure their properties are cared for by tenants. Tenants need a place to live that has the necessary amenities and safety and falls within their range of affordability.
In the past, public officials have provided pathways for both sides to succeed – but a recent shift in favor of tenants has produced some changes that create new challenges for landlords. Tenant (or renter) “bill of rights” legislation has become a bit of a theme for certain municipalities in Florida. So far, we have seen Hillsborough County, Orange County, Pinellas County, Miami-Dade County, and Broward County draft and adopt these bills.
Hillsborough County officials passed its “Tenant’s Bill of Rights” last year (2022). The county claims this bill would “provide additional protections to residential tenants … including protection from income discrimination.”
The terms of the bill include:
- Landlords must provide a notice of rights to all tenants (present and future)
- Landlords may not refuse tenancy due to a tenant’s “lawful source of income” or public assistance program status
- Landlords may not exclude government rent subsidies in the calculation for rental eligibility
- Landlords may not charge late fees without first providing a written notice (can be done on paper or through email)
- Rent cannot be raised more than 5% without at least 60 days’ notice to the tenant
- Landlords must provide at least 30 days’ notice if a lease will not be renewed
Violations of these terms would result in a $500 for each offense.
Orange County officials passed their own tenant bill of rights that went into effect in March 2023. The terms include:
- Landlords must provide a notice of rights to all tenants (present and future)
- Rent cannot be raised more than 5% without at least 60 days’ notice to the tenant
- Landlords may not refuse tenancy due to a tenant’s source of income or public assistance program status
- All tenant fees must be disclosed upfront
- The right to maintenance of a rental unit in line with building, housing, and health codes
- A requirement to return a security deposit or provide written notice of a damage claim
- Reasonable accommodations for individuals with disabilities
Violations of these terms would result in non-criminal civil litigation.
In Pinellas County, the tenant bill of rights went into effect in August 2022. The terms are similar with a few minor changes to the notice of rent price increases. A notice of an increase above 5% must be given 60 days in advance if the rental agreement is for one year or more, 30 days in advance if the agreement is more than three months but less than a year, and 15 days in advance if the term is month-to-month.
Additional terms include:
- Landlords must provide a notice of rights to all tenants (present and future)
- Landlords may not refuse tenancy due to a tenant’s source of income or public assistance program status
- Landlords may not charge late fees without first providing a written notice (can be done on paper or through email)
If there are city ordinances that conflict with the terms of this bill, the city ordinance will take precedence. Violations of these terms can result in a $500 for each offense.
Miami-Dade County’s tenant bill of rights went into effect on May 3, 2022. The terms include:
- Landlords must provide a notice of rights to all tenants (present and future)
- Rent cannot be raised more than 5% without at least 60 days’ notice to the tenant
- Landlords may not refuse tenancy due to a tenant’s source of income or public assistance program status
- Landlords cannot terminate or interrupt utility services if a tenant occupies the dwelling
- Landlords cannot attempt to collect rent or take action against a tenant if the tenant lives in a condo and the landlord is delinquent on paying condominium association fees
- Month-to-month rental terms cannot be terminated without 60-days’ notice
- Rent cannot be raised more than 5% without at least 60 days’ notice to the tenant
The ordinance also establishes a helpline that will connect tenants to the proper resources or organizations should the need arise. A tenant may file civil litigation within two years of an alleged violation of these terms.
Broward County’s tenant bill of rights went into effect on September 1, 2022, and applies to any residential leases that go into effect after that date. The terms include:
- Landlords must provide a notice of rights to all tenants (present and future) and again prior to each rental term or once a year for month-to-month tenants
- Landlords may not charge late fees without first providing a written notice (can be done on paper or through email)
- Landlords may not refuse tenancy due to a tenant’s source of income or public assistance program status
- Tenants have a right to challenge an eviction
- Landlords must provide 60 days’ notice to terminate annual leases, 30 days’ notice to terminate when the lease is quarter to quarter, 15 days’ notice for any month-to-month lease, and 7 days’ notice for any weekly lease agreements
- Rent cannot be raised more than 5% without at least 60 days’ notice to the tenant
As you can see, many of these terms are universal across these ordinances. It’s safe to expect that these will be enacted in more municipalities across Florida, even in cases where many of these terms were already required by law.
Keeping track of these new and changing standards for landlords will be a challenge. At Atlas Law, we proudly stand up and advocate for Florida landlords. If you need help navigating these changes or end up facing legal action because of them, contact our team and we will defend your rights.