Landlord Tenant Law Updates – Pt 1

Fast, Efficient, Evictions

Landlord Tenant Law Updates – Pt 1

HB 1417 is approved and enacted as of July 1st, 2023 adding Florida Statutes s. 83.425 and modifying Statutes s. 83.57 and 83.575.

State Law (FL Stat. 83.425) Supersedes Local Ordinances

All landlord/tenant local ordinances in Florida have been superseded by the Florida Statutes for the following Landlord Tenant Matters:

  • the screening process used by a landlord in approving a tenancy;
  • security deposits;
  • rental agreement applications and fees associated with such applications;
  • terms and conditions of rental agreements;
  • the rights and responsibilities of the landlord and the tenant;
  • disclosures concerning the premises; the dwelling unit, the rental agreement, or the rights and responsibilities of the landlord and tenant;
  • fees charged by the landlord;
  • or notice requirements.

This simplifies the rules related to managing your rental property. The Florida Statutes Chapter 83 will solely apply to any issues related to the matters outlined above that may arise in a landlord/tenant relationship. You will no longer need to reference local ordinances for those issues.

FL Stat. 83.57 Termination of tenancy with specific term

The notice period for terminating a month-to-month tenancy has been extended to 30 days prior to the end of any monthly period. If you want to terminate the lease agreement of your month-to-month tenant, you must provide them notice of non-renewal prior to the first of the month for all months with 30 days, by the first of the month for all months with 31 days, and by January 29th for February, unless it’s a leap year, then by January 30th.

It’s important to note this is not 30 days’ notice to terminate a month-to-month lease. If you fail to give your tenant a notice by the dates noted above, the lease would expire at the end of the next month. For example if you gave your tenant notice on July 5th, the termination would not take effect until August 31st.

FL Stat. 83.575 Termination of tenancy with specific duration

This statute states that if your lease has a specific termination date and requires the tenant give the landlord notice of vacating prior to that date, then the lease must also require the landlord give notice of non-renewal to terminate the lease on that date. The prior version stated the notice period could not be more than 60 days. The amended version, now states that the period cannot be less than 30 days nor more than 60 days.

This only applies if a notice is required to terminate the lease. You can still have a specific termination date with no notice requirement by either party.