Landlord-Tenant, Leases, and Property Management
Florida residential leasing questions test Chapter 83, Part II, security deposits, notices, eviction, and property management licensing. The broker must know the landlord's and tenant's statutory rights and the limits on self-help.
Core rules
- A lease must identify the parties, premises, rent, and term. Florida residential tenancies are governed by statute and the lease terms.
- A landlord must return a security deposit within 15 days if no claim is made, or within 30 days if a claim is asserted with proper notice. Wrongful withholding can expose the landlord to liability.
- For nonpayment of rent, the landlord may serve a three-day notice; for other curable noncompliance, a seven-day notice is generally used.
- Eviction requires court process. Self-help eviction, such as changing locks or shutting off utilities, is prohibited.
- Property managers must be licensed when managing rental property for others for compensation. Trust funds must be escrowed, and a written management agreement should define authority.
Worked example
A tenant vacates and provides a forwarding address. The landlord finds no damage and owes the deposit. If the landlord does not return the deposit within 15 days, the tenant may recover the deposit plus statutory damages and attorney fees. The reasoning: the deadline and notice requirements are statutory, not discretionary.
Traps
Do not advise a landlord to use self-help eviction. Do not miss the 15-day and 30-day deposit deadlines. Do not treat a security deposit as nonrefundable. Do not manage property for compensation without the required license and escrow controls.