MIAMI Association of REALTORS



Tenants - Rentals and Foreclosures

Florida's Landlord/Tenant Law
Summary of Chapter 83, Part II - Florida Statutes

Most renters are aware they have certain rights when they are involved in a dispute with their landlord, however they often don't know what those rights are. The brochures below were developed by the Florida Department of Agriculture and Consumer Services to answer many of the questions frequently asked about landlord/tenant relationships. This brochure is NOT meant to be a complete summary of Florida's Landlord/Tenant law. This brochure is not intended for the purpose of providing legal advice. For additional information not addressed, refer to Chapter 83 of the Florida Statutes.

This information applies to those who rent a dwelling unit as described in Section 83.43, F. S.

Florida's Landlord/Tenant Law

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Protecting Tenants at Foreclosure Act

Public Law 111-22, Effective Date May 20, 2009

Under the new law, which went into effect on May 20, 2009, tenants will have to receive 90-days notice prior to being evicted, when their rental home is foreclosed upon. In addition, tenants must be allowed to stay in the property through the end of their lease, with two exceptions:

* The new owner wants to occupy the property as a personal residence, and
* There is no lease (month to month), or there is a lease but state law allows the lease to be terminated at any time upon notice.

Even under these exceptions, the tenants must be given 90-days before they can be evicted. Notification must be provided by the "immediate successor in interest". In some cases, this notification will come from the bank (when they assume the home), and in other cases it may be the new owner. Much will depend upon state law.

The protections of this law apply only to "bona fide" tenants – who have a written contract, the lease was the result of an arms-length transaction, and the rent is not substantially less than the fair market rent for the property. Under any conditions, tenants may still be evicted if they violate the lease terms. These provisions expire on December 31, 2012.

Related Information:  

NAR FAQs on Tenant Protection Provisions Included in Public Law 111-22

Deposit Complaint

Consumers may file a complaint with the Florida Department of Agriculture and Consumer Services for informal mediation if the landlord has not returned the deposit once the consumer has vacated the unit. 

Click here to file a complaint, or call 1-800-435-7352.

Condominium Bylaws - Transfer Fee 

718.112, F.S.

(i) Transfer fees.—No charge shall be made by the association or any body thereof in connection with the sale, mortgage, lease, sublease, or other transfer of a unit unless the association is required to approve such transfer and a fee for such approval is provided for in the declaration, articles, or bylaws. Any such fee may be preset, but in no event may such fee exceed $100 per applicant other than husband/wife or parent/dependent child, which are considered one applicant. However, if the lease or sublease is a renewal of a lease or sublease with the same lessee or sublessee, no charge shall be made. The foregoing notwithstanding, an association may, if the authority to do so appears in the declaration or bylaws, require that a prospective lessee place a security deposit, in an amount not to exceed the equivalent of 1 month's rent, into an escrow account maintained by the association. The security deposit shall protect against damages to the common elements or association property. Payment of interest, claims against the deposit, refunds, and disputes under this paragraph shall be handled in the same fashion as provided in part II of chapter 83.