Landlord-Tenant Laws In Brevard County: What You Need To Know
Owning rental properties in Brevard County comes with many legal responsibilities. Landlords are often faced with dilemmas such as how to handle their tenant’s security deposits, as well as the need to comply with anti-discrimination laws. Running a rental business simply doesn’t allow for ignorance of the law, as the consequences involved in doing so could end up costing you thousands of dollars in attorneys fees.
Fortunately, Rent In Brevard Property Management has many years of experience helping landlords build a successful and efficient rental business model. Whether you have just got into the rental property business or have a rental property empire, Rent In Brevard Property Management can help you manage your rental portfolio.
If you’re a landlord in Brevard County, the beaches, or the surrounding area, here are some essential things you need to know about landlord-tenant laws.
Comply With Fair Housing Laws
Before advertising your rental property, it’s essential that you understand fair housing laws and how they apply to you as a landlord in Brevard County. Everything from how you advertise your rental to the questions you ask prospective tenants on their rental application should abide by anti-discrimination laws. Failing to understand or follow the law could result in discrimination complaints.
Although Florida landlords are legally able to reject applicants based on factors such as poor credit history or a negative reference, there are some things you can’t legally base rejection on. For example, landlords are not able to discriminate against potential tenants based on their race, religion, origin, sex, familial status, or disabilities. This is because these classes are known as “protected categories” under the federal Fair Housing Act of 1968. If you would like more details about fair housing laws, you can head to the HUD website or take a look at the Florida statutes.
Abide by State Rent Rules
Managing your rental portfolio can be tricky, especially if you have a non-paying tenant. Florida law regulates many rent-related issues, including how much time a tenant has to pay rent before a landlord in Brevard County can file for eviction (3 days). In addition, if you need to raise the rent, you’ll also have to comply with specific rules and procedures for landlords in Florida. For more information about the laws governing Florida landlords and nonpayment of Rent, see Florida Statute, Chapter 83, Section 56.
Understand Florida Security Deposit Limits and Returns
Security deposits are often one of the most contentious issues between landlords and tenants. To avoid issues, it’s crucial that you follow the security deposit laws in Brevard County. For example, a security deposit in Florida must be returned within 15 to 60 days, depending on whether the tenant disputes any proposed deposit deductions. An experienced property management company can help you avoid potential disputes by managing your tenant’s security deposit and creating a security deposit itemization list when the tenant leaves.
Utilize a Legal Written Rental Agreement
The rental agreement you enter with your tenant lays out the contractual basis of your relationship. Not only does it contain crucial business details, but it also helps to protect both parties from unfair practices. Every aspect of the rental agreement, such as how long the tenant can occupy the property to the amount of Rent they will pay, should be clearly stated. Put simply; an effective and legal rental agreement can help you avoid all kinds of unnecessary disputes.
Follow the Correct Procedures for Evicting a Tenant
Florida law governs when and how a landlord can terminate a tenancy agreement. Not following legal rules can cause a tenancy termination to take much longer than necessary. According to Florida laws, the amount of notice and type of termination is specific to the cause for eviction. For example, suppose you’re renting your property to a tenant in Brevard County, and they intentionally destroy the property. In that case, you are required by law to give them seven days’ notice to leave before you can file for eviction. It’s crucial that you understand how the state law applies to your circumstances. A knowledgeable property manager can advise you on your options as a landlord and how best to proceed with the eviction process.
Property Management Support In Brevard County
If you have questions about property management in Brevard County or would like to learn more about how Rent In Brevard Property Management can help support your rental business, contact us today to speak to one of our experienced property managers.
What is the law with signing a new lease agreement that increase rent price and deposits. If you paid an initial deposit does that also increase with the new rent price?
It’s the land lord’s discretion. There is no law and must be agreed upon and written when a new lease is signed. Our policy is we give our tenants 30 days after a new lease rate starts to pay up a security deficit.
Example: Move in rental rate is $1,500 a month and the tenant pays a $1500 security
After a year lease is over tenant renews at a higher rate of $1700 we give the tenant 30 days to make up the $200 deficit in the deposit
We write this up under additional terms on the new lease
Is there a grace period after signing a new lease and before moving into the residence that a potential tenant could exercise in the event the tenant changes their mind/
Typically in this situation, the prospective tenant would lose the deposit on file if one was made. But every situation is a bit different.
My friend is renting a room where the landlord refuses to give a lease so she can avoid paying taxes on the rental income. This landlord is now trying to drive the tenant out (who is 60 and in congestive heart failure) with intimidation and threats of being arrested and is gaslighting her to force her to move. I was told it is illegal in Brevard county to rent rooms in a residential neighborhood and was wondering if that is correct.
Thanks for reaching out. This is a tough one with many different scenarios. There are residency laws that protect a tenant even with a verbal lease.
Too many different laws and issues here I can’t answer with a confident yes or no.
I recommend they speak with a real estate attorney that specializes in rental and tenant laws, there are several in Brevard county, and if they would like I would be happy to recommend a few if they would like to call me directly. Tim (321) 622-3257
How to evict based on repeated non compliance to lease terms but has paid the rent, which form, can anyone advise?
Hello, there is a form called non-compliance. 7 days to correct form you fill it out with any lease violation being done by the tenant with 7 days to correct if they don’t correct you can terminate the lease and evict based on lease violations.