8.2 Florida Property Management and Landlord-Tenant

The Florida Residential Landlord and Tenant Act

Residential rentals in Florida are governed by the Florida Residential Landlord and Tenant Act, found in Part II of Chapter 83 of the Florida Statutes (Sections 83.40–83.683). It controls the relationship between landlords and tenants and overrides conflicting lease language — a lease cannot waive the tenant's statutory rights. The Act covers leases, deposits, the landlord's duty to maintain the premises, the tenant's duty to keep the unit clean and not damage it, notices, and the eviction process.

A key habitability concept: the landlord must comply with applicable building, housing, and health codes or, absent codes, maintain roofs, windows, plumbing, heating, and structural components. The tenant, in turn, must dispose of garbage, keep plumbing clean, and not destroy or deface the dwelling. Both sides enforce these duties through the statutory notice scheme rather than by self-help.

The Act distinguishes a lease (a fixed term) from a periodic tenancy (month-to-month or week-to-week). If a written lease is silent on duration, the rental period is presumed to match how rent is paid. A landlord who fails to maintain the premises after a 7-day notice of noncompliance from the tenant may face the tenant's rent withholding (paid into the court registry) or termination. Prohibited lease clauses — such as waiving the right to a jury trial, waiving statutory deposit protections, or agreeing in advance to pay the landlord's attorney's fees without reciprocity — are unenforceable.

The Act applies to residential dwellings; commercial leases fall under Part I of Chapter 83.

Security Deposits — The 15/30/15 Timeline

Deposit handling under Section 83.49 is a favorite exam topic. The landlord must hold the deposit in one of three statutory ways: a separate non-interest-bearing Florida account (no commingling), a separate interest-bearing account (tenant gets at least 75% of interest or 5% simple interest), or a surety bond with interest paid to the tenant.

When the tenant moves out, the timelines branch:

If the landlord fails to send the 30-day notice, the landlord forfeits the right to deduct and must return the deposit. The notice must state the amount of the claim and the reason. A landlord who acts in bad faith may owe damages. Memorize the chain: 15 days to return, 30 days to claim, 15 days for the tenant to object.

Notices and the Eviction Process

Florida law specifies the exact notice that precedes termination, and using the wrong one defeats the eviction:

• 3-day notice (nonpayment of rent): demands rent or possession within 3 days, excluding Saturday, Sunday, and court-observed legal holidays. If served by mail, the landlord adds 5 days for mailing.
• 7-day notice to cure: for a curable lease violation (e.g., unauthorized pet, parking). The tenant may fix the problem within 7 days.
• 7-day unconditional quit: for non-curable or repeat violations (e.g., intentional destruction); no opportunity to cure.
• Terminating month-to-month tenancy: at least 30 days' notice before the end of the rental period.

Self-help eviction is illegal. A landlord may not change the locks, shut off utilities, or remove the tenant's belongings. Instead, after the notice period expires the landlord files an eviction complaint in county court; the clerk issues a summons giving the tenant 5 business days (excluding weekends/holidays) to respond, and only a sheriff executing a court-issued writ of possession can physically remove the tenant. The tenant may be required to deposit disputed rent into the court registry to contest the eviction.

Property Management and CAM Licensing

A real estate licensee may manage rental property for others as part of brokerage practice, and property management for compensation generally requires an active real estate license unless an exemption applies (for example, a salaried employee of the owner managing the owner's own property).

Managing a community association is different and requires its own credential. Under Chapter 468, Florida Statutes, a Community Association Manager (CAM) license is required to manage, for compensation, an association (or combined associations) with more than 10 units OR an annual budget exceeding $100,000. CAM duties include controlling association funds, preparing budgets, and administering association affairs.

CAM applicants must be 18+, complete 16 hours of pre-licensure education, pass a state exam, and submit fingerprints. Management firms above the same thresholds must also be licensed. Standard lease provisions a manager should confirm include rent amount and due date, deposit terms, the radon and (pre-1978) lead-based-paint disclosures, late-fee terms, and maintenance responsibilities.

A property manager operating under a broker must deposit collected rents and security deposits according to FREC escrow rules and account for them accurately; commingling a client's funds with the brokerage's operating account is a disciplinable offense. The manager also enforces fair housing — Florida follows the federal Fair Housing Act plus the state's own anti-discrimination provisions, so screening criteria must be applied uniformly and may not be used as a pretext for discrimination based on a protected class.

Within an association context, the licensed CAM answers to the board of directors, must follow the fiduciary standards of Chapters 718/719/720, and under recent reforms must complete continuing education; mishandling association reserves or records can lead to discipline by the DBPR's Division of Florida Condominiums, Timeshares, and Mobile Homes.