Rights of Tenants Without a Lease in Florida

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Tenants who occupy a property in Florida without a lease still have a legal claim to the property and the same basic rights as leasing tenants. By virtue of paying rent, tenants receive rights and protections through landlord-tenant laws that cover all residential rental transaction in the state.

Terminating Tenancy

Because the frequency of your rent payment is treated as the length of a lease when you rent a property without a lease, failure to make a rent payment on time ends your tenancy and voids many of the protections applicable to tenants. Your landlord is required to provide written notice in advance of terminating your tenancy. If you pay weekly, he must provide seven days notice and give monthly rental tenants 15 days prior notice to leave the property.

Read More: Terminating a Month to Month Rental Agreement

Minimum Living Conditions

Landlords must provide accommodations that are up to local building code. The minimum requirements include keeping windows unbroken, providing a weatherproof structure, a minimum of two electrical outlets in each bedroom, hot water available in the kitchen and bathroom, providing a working flush toilet, and heating equipment, which must be in good working order. If your residence does not meet these requirements, contact the building code enforcement agency of your city or county government.

Illegal Removal

If your rent is paid in advance, landlords can't force you out of the property until the next time your rent is due without going through the legal eviction process. In addition, it is illegal for your landlord to turn off utilities, change locks on your doors or remove your belongings from the property in an attempt to drive you out of the building.

Security Deposits

When you move out of a property in which you lived without a lease in Florida, your landlord is required to return your security deposit to you as he would under a traditional lessee situation. Your landlord has 15 days to return your deposit or provide accountability for withholding portions of it, and may not withhold portions for normal wear and tear, such as chipped paint, dirtied carpet and other damages incurred in reasonable use. The letter or check must be mailed certified mail to your last known mailing address.

Right to Privacy

As a tenant, you have a right to privacy. Although your landlord can enter your home at any time in case of an emergency or to protect the property, such as to turn off the water in the case of a leaking pipe, he must provide notice 12 hours in advance if he wants to enter the property otherwise. This notice can only be served between 7:30 a.m. and 8 p.m. Tenants who unreasonably withhold consent for inspection or visitation waive this right.