Chapter 7 Section 3

Question 1

Chapter 83, Florida Statutes

Answer 1

-Florida law does not distinguish between a rental and a lease
-if a court finds that a lease contract contains provisions that are unconscionable or in material conflict with the statute, the lease provision or the entire lease contract may be declared unenforceable in court

Question 2

exceptions to the Florida residential landlord and tenant act

Answer 2

-a tenant is a resident or is detained in a public or private facility for medical, geriatric, education, counseling, religious, or similar services incidental to that detention
-a tenant is an occupant of a dwelling unit that is under a contract for sale
-a tenant is a transient occupant within a hotel, condominium, motel, rooming house, or similar public lodging or within a mobile home park
-a tenant is an occupant in a cooperative apartment under a proprietary lease
-a tenant is an occupant of a condominium unit that the tenant owns

Question 3

Security deposits and advance rents

Answer 3

-the landlord is required to make clear provisions for the handling of deposit money and advance rent held for periods other than the next immediate rental period
-the landlord is required to notify the tenant in writing within 30 days of receiving the security deposit or advance rent as to the manner in which the landlord is holding the funds and the interest being accrued, if any

Question 4

noninterest bearing account

Answer 4

-hold the total amount of the security deposit or advance rent in a noninterest-bearing escrow account in a florida banking institution for the tenant’s benefit
-the landlord cannot commingle the funds with any other funds of the landlord

Question 5

interest bearing account

Answer 5

-hold the total amount of the security deposit or advance rent in an interest-bearing escrow account in a Florida banking institution for the tenant’s benefit
-the tenant shall receive 75% of the interest earned or 5% simple interest at the election of the landlord
-the landlord cannot commingle the funds with any other funds of the landlord

Question 6

surety bond

Answer 6

-post a surety bond with the clerk of the circuit court in the county in which the dwelling unit is located in the amount of the total security holdings or $50,000, whichever is less
-the security deposit and advance rents may then be commingled with other funds of the landlord
-the landlord must pay the tenant 5% simple interest annually on money held in this manner

Question 7

return of security deposit

Answer 7

-upon tenant vacating premises, landlord has 15 days to return security deposit including interest if no damages claim is being made
-the landlord has 30 days to notify if they intend to claim for damages and must notify the tenant. via certified mail
-unless the tenant objects within 15 days after receiving the landlords notice, the landlord can deduct the claim amount
-a landlord may dispose of personal property left by a former tenant up to a value of $500

Question 8

landlord obligations and practices

Answer 8

-the landlord must maintain the property in compliance with applicable building, housing, and health codes

Question 9

landlord prohibition practices

Answer 9

-in an attempt to collect rent, no landlord can cause, directly or indirectly, the termination or interruption of any utility service
-the landlord cannot prevent a tenant from gaining access to the dwelling unit
-the landlord cannot remove outside doors, locks, or a tenants personal property from the dwelling unit unless the unit has been surrendered, abandoned, or the tenant has been lawfully evicted
-if the landlord violates these provisions, the landlord is liable to the tenant for actual damages or three months rent, whichever is greater, and costs including attorney’s fees

Question 10

landlord access

Answer 10

-the landlord may enter the dwelling unit upon reasonable notice to the tenant
-reasonable notice of the purpose of repair is notice given at least 12 hours prior to entry
-entry for purposes of making normal repairs must be between the hours of 7:30 am and 8:00 pm
-the landlord’s entry must be for a useful purpose, and not to harass the tenant
-landlord may enter the dwelling unit at any time for the protection or preservation of the premises

Question 11

tenant obligations

Answer 11

-the dwelling must be kept clean and sanitary, the tenant shall not destroy, deface, damage, impair, or remove any part of the premises or property that belongs too the landlord

Question 12

lease termination by tenant

Answer 12

-if the landlord does not make repair to or maintain the premises as required by statute or the rental agreement within seven days after receiving written notice from the tenant, the tenant may terminate the rental agreement
-if the cause of the landlord’s failure to maintain the dwelling is beyond their control, the rental agreement may be terminated or altered
-if tenant vacates due to untenable conditions, they can leave without being liable for rent during the time the conditions were untenable, or can stay with reduced rent from the court

Question 13

lease termination by landlord

Answer 13

-if the tenant violates the statute or the rental agreement by not residing in an acceptable manner, the landlord can deliver written notice to the tenant which specifies the noncompliance and the landlords intention to terminate the rental agreement
-in such case, the tenant will have 7 days to leave

Question 14

failure to pay rent

Answer 14

-if the tenant fails to pay rent when due, the landlord can deliver a written demand for payment of the rent or possession of premises
-if default continues for three business days after delivery of demand for payment, the landlord may terminate the rental agreement

Question 15

eviction process

Answer 15

-landlord must provide proper notice to tenant to vacate
-notice may be given for failure to pay rent or criminal activity on property
-if tenant doesn’t respond within specified period, landlord should file complaint with county clerk
-clerk will issue an eviction summons to be served by sheriff
-tenant has 5 days to answer summons
-if tenant doesn’t respond, landlord can file a motion for default where a writ of possession is issued
-sheriff can serve tenant via 24 hour notice of removal and if tenant doesn’t leave within 24 hours, sheriff can remove them