How New Local Ordinances are Affecting Evictions
Residential Tenancies – Tenant’s Bill of Rights
Florida Statutes require landlords give a notice to a tenant before an eviction lawsuit is filed against them in most cases. You may be familiar with a 3-day notice to pay or vacate, a 7-day notice to cure, or a 15-day notice of nonrenewal (which isn’t really 15 days, as discussed below). In Florida, these notice durations are statutory, meaning section two of Florida Statutes Chapter 83, the Florida Residential Landlord and Tenant Act, specifies the notice periods required for both landlords and tenants.
NO SPECIFIC TERM
If you have a lease agreement with a tenant that is not written, or one that is simply month-to-month or week-to-week, without a specific end date, or if you have continued to rent to a tenant whose lease has expired, there are some new local ordinances in Florida that may increase the duration of your notice. Several counties and cities throughout Florida have enacted local ordinances which supplement the Florida Residential Landlord and Tenant Act.
TWO MONTH NOTICES
Many of these counties have enacted local ordinances that increase the non-renewal notice period from 15 days to as much as 60 days prior to the end of a monthly period. These ordinances are also often issued along with a “Tenant’s Bill of Rights” which outlines other requirements, such as a late fee notice requirement, which mandates a landlord give their tenant a notice a late fee will be applied before the late fee can be added to their balance.
And, keep in mind, 60 days before the end of a monthly period will almost always be more than 60 days unless it is served exactly on the date 60 days before the end of a month. For example, if you were to serve a notice of non-renewal or rent increase to a tenant on March 10th, that non-renewal or rent increase notice would not terminate until after May 31st. Just like the statutory 15-day notice of nonrenewal must be served fifteen days before the end of the month or it will not expire until the end of the next month.
COUNTIES AND CITIES
Orange County, Hillsborough County, Pinellas County, Broward County, Palm Beach County and Miami-Dade County are six of the counties that have ordinances which modify the duration of non-renewal notices. There are many more cities that have also passed similar ordinances. Make sure to check that you are complying with your local ordinances before serving a notice on your tenant. And, make sure you are familiar with all local ordinances and Florida’s Landlord and Tenant Act before entering into any lease agreement.
Hillsborough County Tenant Bill of Rights Ordinance and Notice Ordinance