Renters’ Rights, Responsibilities, & Resources

All Tenants have the Right to Form a Tenant Union or Tenant Association

For a detailed outline on how to start a Tenant Union visit TenantNet.

Before Renting

  • You have the right to inspect property and take pictures
  • Landlord has right to charge deposit and rent in advance
    • Monies paid in advance may not be entitled to refund
  • There is no grace period for canceling the rental agreement

Oral and Rental Agreements

  • Can be written or oral. Written helps provide tangible proof and understanding
  • Notices from landlord to tenant must be written even if rental agreement is oral according to Florida law.
  • If not specified in agreement the duration of the agreement between landlord and tenant is determined by duration in which rent is payable (week to week or month to month)
  • All terms are those addressed by law and those addressed by the tenant and the landlord.

Deposit and Rent Requirements

  • If a landlord means to return the security deposit in full, the landlord must do so within fifteen days of the tenant surrendering the unit.
  • If the landlord means to withhold any portion of the security deposit, he will have thirty (30) days to notify the tenant in writing.
  • If the landlord fails to provide this written notification, then he has forfeited his right to claim any portion of the security deposit.
  • If the landlord makes a claim, the tenant will have fifteen days to contest the landlord retaining the security deposit. Contestation should be in writing addressed to the landlord.
  • If the tenant does not contest it, it is not considered a waiver of their objection and the landlord may take the portion he demanded. If a tenant does object, it preserves a legal course of action.
  • Florida has a 5-year statute of limitations on legal actions based on written instruments like leases. As most tenancies with a security deposit will be based on a 12 written lease, the voluntary mediation program should be started and completed before this deadline so that a tenant can have enough time to take their mediation findings to a court of law.

Who is Responsible?

Landlord (single-family home and duplex):

  • Comply with the requirements of building, housing and health codes
    • Including weatherization requirements
    • AC requirements
  • Maintain roof, windows, doors, floors, steps, porches, exterior walls, foundations and all structural components to be in good repair and capable of resisting normal forces and loads
  • At beginning of tenancy, must ensure screens are installed and in reasonable conditions. Must repair damage to screens once annually, when necessary, until termination of rental agreement.
  • Keep plumbing in reasonably good working order

Note: landlord’s obligations may be altered or modified in writing for single family dwellings or duplexes.

Landlord (units other than a single-family home or duplex, e.g. apartment building)

  • Make reasonable provisions for the following:
    • Extermination of rats, mice, ants, wood destroying organisms, and bed bugs.
    • Locks and keys.
    • Clean and safe conditions for common areas.
    • Garbage removal and outside receptacles
    • Functioning facilities for heat during the winter, running water, and hot water

Note: This does not mean the landlord is obligated to pay for utilities, water, fuel or garbage removal.

Tenant

  • Comply with all building, housing, and health codes.
  • Keep the dwelling clean and sanitary including garbage removal in a clean and sanitary manner.
  • Keep plumbing fixtures clean, sanitary, and in repair.
  • Not destroy, deface, damage, impair, or remove any part of the premises or property belonging to the landlord, nor permit any person to do so.
  • Conduct activities (by yourself or others with your consent) on premises that do not unreasonably disturb the tenant’s neighbors or constitute a breach of peace.
  • Use and operate all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators in a reasonable manner.

Access to the Premises

  • Landlord may enter dwelling at any time (without consent of tenant) in the event they must protect or preserve the premises.
  • Landlord may enter dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair.
    • Reasonable notice is 12 hours prior to entry and reasonable time is between 7:30 AM and 8:00 PM.
  • Landlord may also enter at any time when:
    • With consent of tenant.
    • Tenant is absent from premises for half the time of the periodic rental payments.
    • Tenant unreasonably withholds consent
    • In an emergency.

Note: Landlord shall not abuse the right of access nor use it to harass the tenant.

Failure to Meet Obligations of Agreement

If Landlord Doesn’t Comply (withholding Rent)

  • A tenant must notify the landlord in writing of noncompliance with the agreement or legal responsibilities of the landlord. The written notice must include the tenant’s intention to terminate the agreement if they desire to do so. Tenant may terminate if the landlord fails to come into compliance within seven days of delivery of the written notice.
  • The tenant MAY be able withhold rent if the landlord fails to do what the law or agreement require. Tenant must notify landlord of non-compliance, as stated above, and written notice should include intention to withhold rent. Tenant may withhold rent if the landlord fails to come into compliance within seven days of delivery of the written notice.

NOTE: If these happen the tenant must do so within a three (3) day notice of payment of rent.

If Tenant Doesn’t Comply

  • Except for the failure to pay rent, a landlord must notify you in writing of any shortcomings and give you seven days in which to correct the situation. If you still have not complied after seven days, the landlord can begin the eviction process based on noncompliance.
  • Under certain circumstances, if you have exhibited a lack of consideration for the rights and privacy of others, a landlord has the right to require you to move with very little notice. In some cases (destruction, damage, misuse of property, unreasonable disturbances), the landlord does not have to give you an opportunity to remedy the problem and may terminate tenancy by giving you a seven-day written notice.
    • Each eviction case is unique, so be sure to obtain legal advice.
  • A landlord MAY NOT evict you solely in retaliation for the tenant complaining to a governmental agency about code violations or asserting other tenant rights.

Non-Payment of Rent

  • The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move from the premises. If you do not pay the rent or move, he/she may begin legal action to evict you.
  • In order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, you will be notified in writing. You then have five days (excluding weekends and legal holidays) to respond – also in writing – to the court. If you do not respond or a judgment is entered against you, the clerk of the county court will issue a “Writ of Possession” to the sheriff who will notify you that eviction will take place in 24 hours.
  • A tenancy without a specific duration may be terminated by either party giving written notice in the manner prescribed by statute prior to the end of the tenancy period, as follows:
    • Week to Week ———— 7 days
    • Month to Month ——— 15 days
    • Quarter to Quarter —– 30 days
    • Year to Year ————- 60 days
  • Florida Law does not allow a landlord to force a tenant out by:
    • Shutting off the utilities or interrupting service, even if that service is under the control of or the landlord makes payment;
    •  Changing the locks or using a device that denies the tenant access;
    • Removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement); and/or
    • Removing the tenant’s personal property from the dwelling unless action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant or lawful eviction.

NOTE: If any of these occur, the tenant may sue for actual and consequential damages or three months’ rent, whichever is greater, plus court costs and attorney’s fees.

Deciding to Move

  • Tenant must give the required notice as stated in your rental agreement. The information above indicates appropriate notification if a specific time period is not included in the rental agreement. Be sure to check your rental agreement for any other specified condition.
  • Under certain circumstances, if allowed by the provisions of the rental agreement, a rental agreement may be ended when either party gives written notice to the other of their intention. Send all correspondence relating to your intentions to the landlord by certified mail or deliver it by hand and insist on a receipt. It is usually a good idea to talk with the landlord in person, too.
  • If you must cancel a lease before its expiration date, perhaps the landlord will accept the security deposit as the total financial obligation. If so, be sure to obtain a signed agreement to this effect from the landlord.
  • When you move from a rental unit – no matter the duration – be sure to settle all accounts. Terminate utility service the day you leave; notify the landlord, post office and others of your new address; and make other arrangements to minimize inconvenience to the landlord or the new tenants.
  • One of the most important responsibilities as a tenant is to leave the premises in a clean condition for the next occupant. Be sure to vacuum, sweep, clean all rooms, cabinets and appliances, as well as other areas specified in the terms and conditions of the rental agreement. Take a last walk-through with the landlord. Note any damages in writing and reach a final agreement.

Military Service

Florida Statutes provides that a service member may terminate his or her rental agreement under certain conditions.

Anti-discrimination

The Fair Housing Act prohibits discrimination in housing because of:

Race, Color, National Origin, Religion, Sex, Familial Status, & Disability

Additionally, Alachua County Board of County Commissioners approved changes to their human rights ordinance. The changes included creating a housing rights category within the ordinance, which would prohibit discrimination in housing on the basis of being a victim of domestic violence or dating violence, veteran status, citizenship status, and source of income. They also approve the creation of two new prohibited acts in housing, which would now prohibit a landlord or agent from demanding proof of citizenship from any tenant or guest and would prohibit the disclosure of real or perceived citizenship status of a tenant or guest.

See the Alachua County Fair Housing Booklet linked here for more information:

FY20-Fair Housing Booklet Fair Housing Booklet - SPANISH 2021_Alachua County Human Rights Ordinance postcard.FINAL 2021_Spa_Alachua County Human Rights Ordinance postcard

Landlord Licensing

  • Licensing is required for quadruplexes and smaller units. Those smaller units would include all single-family homes and condominium units.

Energy Efficiency

  • Rental properties will need to meet minimum energy efficiency standards as designated by City of Gainesville and Alachua County.
  • Air conditioning is a requirement of rental properties in Gainesville.

Harassment

  • If your landlord, rental manager, or anyone else involved in your housing has, for example:
    • Commented on your body or looks
    • Talked about sex, shown you pornography, exposed themselves
    • Said they would only rent housing to you if you engaged in sexual acts
    • Threatened to evict you if you didn’t engage in sexual acts
    • Said they would only make repairs if you let them take pictures of you
    • Touched you without your consent
  • No one should have to choose between their home and being sexually harassed.
    • Even if you said “yes.” Even if you have bad credit. Even if you have a criminal or poor rental history. Even if you were behind on your rent.

If your landlord, rental manager, or anyone else involved in your housing has, for example:

Resources:

Harassment: Contact the U.S. Department of Justice, Civil Rights Division. You can reach us by email at fairhousing@usdoj.gov. You can call us at 1-844-380-6178. TTY: 202-305-1882

Energy Usage: http://www.toolsfortenants.com/choose-apartments-to-compare

Discrimination: Alachua County Equal Opportunity Office, 12 SE 1st Street, First Floor, Gainesville, FL 32601, 352-374-5275

For legal support on discrimination contact: Three Rivers Legal, Kevin Rabin Staff Attorney, 1000 NE 16th Ave. Bldg. 1, 352-415-2317, Kevin.Rabin@trls.org OR Florida Legal Services, 407-801-4350

Evictions, Repairs, Violations of Agreement: Three Rivers Legal Services 866-256-8091 or https://floi.legalserver.org/modules/matter/extern_intake.php?pid=38&h=757e8c

Critical Health and Social Services: United Way, 2-1-1

Form a Tenant Union by following the steps on TenantNet.