Significant changes to Florida’s housing laws are coming into effect, largely due to updates to the Florida Landlord and Tenant Act (Florida Statute 83). Starting July 1, 2024, more than 40 local ordinances across the state will be superseded by new statewide regulations. This means that existing local laws, such as Orange County’s tenant bill of rights and fair notice requirements, will no longer be enforceable. Additionally, new rules will cap late fees to prevent excessive fines on tenants.
For landlords in Florida, it’s crucial to stay informed about these changes to ensure compliance and avoid potential issues. This article highlights three major updates that will impact property management in the coming year.
Always check with your local county office for any additional regulations that may apply in your specific area.
1. Transition from Security Deposits to Fees
Legislation: House Bill 133Effective Date: July 1, 2023
Although House Bill 133 took effect in mid-2023, its impact will be felt in full throughout 2024. This legislation allows landlords to opt for a nonrefundable fee or monthly payments in place of the traditional security deposit. Alternatively, tenants can choose to pay a security deposit in installments rather than as a lump sum. This change aims to reduce the financial burden on tenants when moving into a rental property.
Key points to remember:
Fee Option: Tenants can choose to pay a security deposit instead of the fee at any time.
Nonrefundable Fee: If a fee is charged, it is nonrefundable.
Insurance Products: If the fee is used to purchase insurance, it does not impact the tenant’s responsibility for rent, damages, or other obligations.
Landlord Discretion: Landlords have the discretion to offer this option.
Notification Period: Landlords must notify tenants within 15 days of any unpaid rent, fees, or damages. Claims for these amounts cannot be filed until after this period.
Fee Stability: Fees cannot be increased during the term of the contract.
If you’re considering adopting this new approach, make sure you fully understand the regulations. If you work with the Belong PRO team, we handle traditional security deposits but offer flexible payment options, providing the best of both worlds for tenants.
2. Extended Notice Periods for Monthly Tenancies
Legislation: HB1417Effective Date: January 1, 2024
For properties with month-to-month tenancies, the notice period to end the tenancy will increase from 15 days to 30 days. For long-term leases, you will need a valid reason to evict tenants. Acceptable grounds for eviction include:
Non-payment of rent
Failure to vacate after the lease ends and notice expires
Violation of lease terms
Breach of tenant-landlord responsibilities, such as damaging the property, unauthorized pets, or disrupting neighbors
Each eviction scenario requires proper notice, and the length of notice varies based on the reason for eviction.
3. Proposed Rent Control Limits
Legislation: House Bill 31 (Pending Approval)Effective Date: July 1, 2024 (if approved)
Florida currently does not have rent control laws, and recent legislation prevents local jurisdictions from implementing them. However, a new proposal (House Bill 31) could limit rent increases for existing tenants to a maximum of 30% over a 12-month period. Exceptions may be made if actual expenses, such as repairs and increased fees, exceed this limit. This bill would not affect new lease agreements.
Additionally, proposed changes might include requirements for air conditioning in certain units and adjustments to eviction notice periods. Stay updated on these developments as they could impact how you manage your rental properties.
Stay Informed and Compliant
Navigating changes in housing laws can be complex, but staying informed is key to managing your rental properties effectively. If you need assistance understanding these updates or adapting to the new regulations, we’re here to help.
Contact us today to ensure your rental properties are compliant with the latest laws and to get expert guidance on property management in Florida.
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.
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