As 2024 begins, Florida housing laws are changing in many jurisdictions. This is largely due to the state passing changes to the Florida Landlord and Tenant Act or Florida Statute 83.
As of July 1, 2024, more than 40 local ordinances across Florida will become invalid by the change and replaced with a statewide law. For example, this makes Orange County’s tenant bill of rights and fair notice requirements unenforceable when the changes come into effect. State laws also cap late fees to avoid excessive fines on tenants.
If you own a rental home in Florida, now is the time to brush up on some of the changes taking place this year. This article will uncover three of the more widely-adopted and proposed changes that Florida landlords need to be aware of.
Always check with your local county office for any laws that may apply in your local area.
1. Florida landlords can ask for a fee instead of a security deposit
Legislation: House Bill 133
Changes come into effect: July 1, 2023
While this law actually came into effect in mid-2023, it’s noteworthy as it will impact all new lease agreements in 2024.
Florida’s House Bill 133 amended the Florida Residential Landlord and Tenant Act, allowing landlords to accept a fee or monthly fees. This is in lieu of paying the traditional refundable security deposit for a rental unit. Landlords will also have the option to permit a tenant to pay a security deposit in monthly installments instead of one lump sum. The idea is that this will reduce the upfront fees required for a resident to enter a home.
If the landlord and tenant agree to a fee, a written agreement must disclose that:
- The tenant has the option to pay the security deposit instead of the fee at any time
- The fee is nonrefundable (if applicable)
- The landlord’s use of the fee to buy an insurance product does not affect the tenant’s liability for rent, damages, or other amounts owed
- The landlord has exclusive discretion whether to offer tenants the option to pay a fee in lieu of a deposit
- A landlord has 15 days to notify the tenant of any amount owed in unpaid rent, fees, damages or other obligations. An insurance claim for any of these amounts can't be claimed until after this period
- Fees can’t be raised during the contract’s term
If you’re considering dropping a security deposit or offering a payment plan, make sure you’re clear on the rules before proceeding. If your home is looked after by the Belong PRO team, we’ll make the whole thing simple. We charge your residents a traditional security deposit, but we also provide flexible payment terms and options, allowing residents to pay in installments. This gives residents the best of both worlds — which is why we offer it in all cities, not just Florida.
2. Notice periods have changed to end a monthly tenancy
Legislation: HB1417
Changes come into effect: January 1, 2024
If you have residents in your rental home on a month-to-month tenancy, you will now need to give 30 days written notice to end the tenancy. This is an increase from 15 days notice.
If you have a resident on a long term agreement, you will need just-cause to remove or evict them from your home. Valid reasons for eviction in Florida include:
- Non-payment of rent
- Not vacating after a lease has ended and notice has expired
- Violation of lease terms
- Not upholding responsibilities under tenant-landlord law, such as destroying or defacing the premises, having a pet without permission, or unreasonably disturbing neighbors in a breach of the peace
In each of these scenarios, proper notice must be given to the residents of their eviction. Notice periods vary depending on the situation.
Read More: What Homeowners Should Know About The Eviction Process in Florida in 2024
3. Rent control can’t be introduced but limits may apply in 2024
Legislation: House Bill 31 (filed for Jan 9, not yet law)
Changes come into effect: July 1, 2024 (if approved)
Florida doesn’t have rent control laws in place and the recent changes to statewide legislation also forbid local jurisdictions from trying to introduce it. But WFLA reports that a new proposal could limit rent increases for existing tenants.
House Bill 31 was filed in September 2023 and proposes that landlords not increase rent by more than 30% over a 12-month period for continuing residents. The only exception would be where your actual expenses exceed 30% of the rent due to repairs and increased fees (such as insurance and property taxes). It wouldn’t apply to new lease agreements. If approved, the bill would go into effect on July 1, 2024.
This one is also an important one to keep an eye on as proposed changes could also require landlords to provide air conditioning to certain housing units and change the notice periods around eviction.
Belong guarantees rent and offers eviction assistance
Belong PRO homeowners don’t have to worry about constantly changing regulations, as our team of experts do all the work for you and are available 24/7 to answer any questions.
Belong homeowners earn guaranteed rent, paid to them each month even when residents are late to pay. And, in the unlikely event that residents must be evicted, Belong assists with the process so homeowners are never left stuck in the confusing legal system on their own.
Interested in learning more about Belong PRO services and availability in Florida? Check out one of our local pages below:
- Dallas/Fort Worth Property Management
- Jacksonville Property Management
- Miami Property Management
- Orlando Property Management
- Tallahassee Property Management
- Tampa Property Management
- Everywhere else!
Disclaimer: This article is not intended as legal advice. Your local city is the best place to find information on local ordinances that apply to you and your rental property. In an effort to flip outdated property management on its head, we prefer to use the terms ‘homeowner and resident’ over ‘landlord and tenant’. But as this article discusses legislation, we have stuck to the old monikers.
