Kelley, Grant, & Tanis, P.A. is proud to announce that through our advocacy efforts, in combination with those of the Florida Apartment Association and other landlord rights groups, that Florida has just passed a sweeping new landlord/tenant law preempting county and municipal ordinances.
For the past several years more and more cities and counties had begun passing a patchwork of disparate ordinances that have left landlords throughout Florida confused and unsure as to what rules they had to follow. This was due to Chapter 83 of Florida Statutes leaving open a loophole that allowed counties and cities to add regulations on top of the Landlord Tenant law which governs tenancies across the State.
Many of these ordinances were overly burdensome, confusing, and cost landlords time and money. Examples of these ordinances include, but are not limited to, requirements for landlords to serve a 60-day notice to terminate of month to month tenancies, raise rent more than 5%, or to terminate leases. Additionally, many counties and cities passed ordinances requiring separate notices for late fees, the signing of Tenant Bills of Rights, and other burdensome rules.
This new law Section 83.425, F.S., expressly preempts to the state the regulation of residential tenancies, the landlord-tenant relationship, and all other matters covered by the Act. The bill also specifies that it supersedes any local government regulations on matters covered under the Act, including, but not limited to:
The screening process used by landlords in approving tenancies;
- Security deposits;
- Rental agreement applications and fees associated therewith;
- Terms and conditions of rental agreements;
- The rights and responsibilities of landlords and tenants; disclosures concerning the premises, dwelling unit, rental agreement, or rights and responsibilities of landlords and tenants;
- Fees charged by the landlord; and
- Notice requirements.
In summary, this preemption is intended to nullify ALL municipal ordinances that overlap in any way with the landlord-tenant laws as covered under Chapter 83.
The bill also modifies the notice period for terminating a Month-to-month tenancy from 15 days’ notice to 30 days’ notice as a compromise to the numerous counties that enacted ordinances requiring 60 days’ notices.
Additionally, in a tenancy with a specific duration, if the lease provides for a notice requirement to terminate the lease, the law provides that the agreement cannot require less than 30 days’ notice or more than 60 days’ notice of termination, instead of more than 60 days’ notice as required in current law.
The new law is effective as of July 1, 2023.