Rental housing is governed by a combination of state laws and local ordinances – often creating confusing differences between counties. In an effort to simplify this, Florida passed changes to the Florida Landlord and Tenant Act or Florida Statute 83.
As of July 1, 2024, more than 40 local ordinances across Florida became invalid by this change and were replaced with a statewide law. For example, this makes Orange County’s tenant bill of rights and fair notice requirements unenforceable.
This doesn’t mean that local counties can’t pass their own ordinances – but they can’t conflict with the Florida statutes. This can work to block measures such as rent increase caps or rent control measures, which are not legal in Florida.
If you own a rental home in Florida, now is a good time to brush up on some of the changes taking shape in 2024. This article will uncover three of the biggest changes and bill proposals that Florida landlords need to be aware of.
This article should not replace legal advice. Always check with your local county office for any laws that may apply in your local area, even with state changes coming into effect.
1. Notice periods changed to end a monthly tenancy
Legislation: HB1417
Changes came into effect: January 1, 2024
If you have residents in your rental home on a month-to-month tenancy, you will now need to give 30 days written notice to end the tenancy. This is an increase from 15 days notice.
If you have a resident on a long term agreement, you will need just-cause to remove or evict them from your home. Valid reasons for eviction in Florida include:
- Non-payment of rent
- Not vacating after a lease has ended and notice has expired
- Violation of lease terms
- Not upholding responsibilities under tenant-landlord law, such as defacing the premises or having a pet without permission
In each of these scenarios, proper notice must be given to the residents of their eviction. Notice periods vary depending on the situation. If you are on a year-to-year lease, you will need to provide 60 days notice to vacate.
Pro Tip: Reduce your risk of losing rental income with Belong. 83% of Belong residents renew after 12 months – plus we offer guaranteed rent and up to $15,000 in eviction protection for complete peace of mind. Learn more about becoming a Belong homeowner.
2. Florida landlords can ask for a fee instead of a security deposit
Legislation: House Bill 133
Changes came into effect: July 1, 2023
While this law actually came into effect in mid-2023, it’s noteworthy as it affects all new lease agreements in 2024.
Florida’s House Bill 133 amended the Florida Residential Landlord and Tenant Act, allowing landlords to accept a fee or monthly fees. This is in lieu of paying the traditional refundable security deposit for a rental unit – you can’t ask for both.
Landlords will also have the option to permit a tenant to pay a security deposit in monthly installments instead of one lump sum. The idea is that this will reduce the upfront fees required for a resident to enter a home.
If the landlord and tenant agree to a fee instead of a security deposit, a written agreement must disclose that:
- The tenant has the option to pay the security deposit instead of the fee at any time
- The fee is nonrefundable (if applicable)
- The landlord’s use of the fee to buy an insurance product does not affect the tenant’s liability for rent, damages, or other amounts owed
- The landlord has exclusive discretion whether to offer tenants the option to pay a fee in lieu of a deposit
- A landlord has 15 days to notify the tenant of any amount owed in unpaid rent, fees, damages or other obligations. An insurance claim for any of these amounts can't be claimed until after this period
- Fees can’t be raised during the contract’s term
If you’re considering dropping a security deposit, make sure you’re clear on the rules before proceeding. While monthly fees are nonrefundable, they could also leave you without the usual safety net if there are repairs needed at the end of a lease. If your home is looked after by Belong, we remove this dilemma and make the whole process simple.
We charge residents a traditional security deposit, but we also provide flexible payment terms and options, allowing residents to pay in installments. This can help reduce the upfront costs of residents when they move in, without foregoing a security deposit. It’s the best of both worlds, which is why we offer this in all cities, not just Florida.
3. Rent increase limits were not made into law
Legislation: House Bill 31
Last update: “Died in Civil Justice Subcommittee”
Florida doesn’t have rent control laws in place and the recent changes to statewide legislation also forbid local jurisdictions from trying to introduce it via a local ordinance.
But, you may have heard about a bill placing a cap on yearly increases for existing leases. Originally set to go into effect in July 2024, House Bill 31 would have capped yearly rental increases at 30% for continuing residents in Florida. Other proposed changes for Florida rental homes included provisions for air conditioning in certain housing units and further changes to notice periods around eviction.
The committee did not table this bill for a vote, which means it can’t pass this year. It doesn’t mean future bills won’t be considered, but for now rent increases remain uncapped in Florida.
Redefining the rental experience in Florida
Let’s face it, property management in Florida is more 80s than Miami Vice. And it hasn’t aged well. Belong is here to challenge that.
Belong is helping homeowners in Florida reach their financial goals with a hassle-free renting experience. Innovations like guaranteed rent and cash flow solutions add to a host of industry-disrupting and transparent services that Belong offers. From vetting residents to eviction protection, Belong homeowners are never left to navigate the confusing legal system on their own.
Interested in learning more about Belong in Florida? Check out one of our local pages below:
- Dallas/Fort Worth Property Management
- Jacksonville Property Management
- Miami Property Management
- Orlando Property Management
- Tallahassee Property Management
- Tampa Property Management
- Everywhere else!
Disclaimer: This article is not intended as legal advice. Your local city is the best place to find information on local ordinances that apply to you and your rental property. In an effort to flip outdated property management on its head, we prefer to use the terms ‘homeowner and resident’ over ‘landlord and tenant’. As this article discusses legislation, we have stuck to the old monikers as legal terms where necessary.
