What Florida Landlords Cannot Do: 12 Common Mistakes (and Fines)
- José R. Hernández
- 1 day ago
- 7 min read
Managing a rental portfolio in Florida offers significant opportunities for building wealth, but it also comes with a complex set of legal responsibilities. A single misstep can lead to costly fines, lengthy legal battles, and damage to your investment. Understanding what you cannot do as a landlord is just as important as knowing what you must do.
This guide details 12 common mistakes Florida landlords make, from mishandling security deposits to attempting illegal evictions. By familiarizing yourself with these potential pitfalls, you can protect your assets, maintain positive tenant relationships, and ensure your operations remain compliant and profitable.
Please note that this guide is intended for general informational purposes and does not constitute legal advice. For specific guidance tailored to your situation, we recommend consulting with one of our property managers or seeking advice from a qualified attorney.
1. Engaging in "Self-Help" Evictions
One of the most serious errors a landlord can make is taking matters into their own hands to remove a tenant. This is known as a "self-help" eviction and is strictly illegal under Florida Statute § 83.67.
What you cannot do:
Change the locks or use a boot lock on the door.
Shut off utilities like water, electricity, or gas.
Remove the tenant's personal belongings from the property.
Remove the front door or otherwise render the unit uninhabitable.
Potential Penalties: A landlord found guilty of a self-help eviction can be liable for the tenant's actual and consequential damages or three months' rent, whichever is greater, plus attorney's fees and court costs.
2. Discriminating Against Applicants or Tenants
The Federal Fair Housing Act and Florida's Fair Housing Act (Statute § 760.20-760.37) prohibit discrimination based on protected classes. This applies to advertising, screening, and all interactions with tenants.
What you cannot do:
Refuse to rent to someone based on race, color, national origin, religion, sex, familial status (having children), or disability.
Set different terms, conditions, or privileges for different tenants based on these protected classes.
Make discriminatory statements in rental advertisements (e.g., "no kids allowed" or "perfect for a single professional").
Refuse to make reasonable accommodations for tenants with disabilities.
Potential Penalties: Fines for fair housing violations can be substantial, starting from over $23,000 for a first offense and exceeding $115,000 for repeat offenders, not including civil penalties and damages awarded to the tenant.
3. Mishandling the Security Deposit
Florida has strict rules (Statute § 83.49) governing the holding and return of security deposits. Failure to comply can result in forfeiting your right to make any claim on the funds.
What you cannot do:
Fail to notify the tenant in writing within 30 days of receiving the deposit how their money is being held (e.g., non-interest-bearing account, interest-bearing account, or surety bond).
Commingle the deposit with your personal funds unless you post a surety bond.
Neglect to return the full deposit within 15 days of the tenant vacating if you do not intend to make a claim.
Fail to send a written notice by certified mail within 30 days of the tenant vacating if you plan to impose a claim on the deposit.
Potential Penalties: If you fail to follow these procedures, you may forfeit your right to claim any portion of the deposit and may be liable for the tenant's court costs and attorney's fees in the event of a dispute.
4. Entering a Tenant's Unit Without Proper Notice
A tenant has a right to quiet enjoyment of their home. Except in an emergency, you cannot enter the property without providing adequate notice.
Enter the property for non-emergency reasons (like inspections, repairs, or showings) without giving at least 24 hours' "reasonable notice" as defined by Florida Statute § 83.53.
Enter at unreasonable times (e.g., late at night or very early in the morning).
Use your access rights to harass the tenant.
Potential Penalties: A tenant may seek damages or an injunction if a landlord repeatedly violates notice provisions. This can also be used as a defense in an eviction case.
5. Retaliating Against a Tenant
It is illegal to retaliate against a tenant for exercising their legal rights under Florida Statute § 83.64.
What you cannot do:
Increase rent, decrease services, or threaten eviction because a tenant reported a code violation to a government agency.
Retaliate against a tenant for organizing or joining a tenants' union.
Take negative action against a tenant who has legally withheld rent after providing proper notice for a landlord's failure to make required repairs.
Potential Penalties: Retaliation can be used as a defense against an eviction lawsuit. If proven, the landlord’s eviction case may be dismissed, and they could be responsible for the tenant’s legal fees.
6. Including Prohibited Clauses in a Lease
A lease agreement cannot waive a tenant's fundamental rights. Florida Statute § 83.45 and § 83.47 render specific lease provisions void and unenforceable.
What you cannot do:
Include a clause that waives a tenant's right to the legally required eviction process.
Add a provision that removes your liability for maintenance or repairs you are required to perform by law.
Require a tenant to pay your attorney fees in a dispute unless a court awards them.
Potential Penalties: A court will not enforce these clauses. Relying on them can weaken your position in a legal dispute and signal a lack of professionalism.
7. Failing to Maintain a Habitable Property
Landlords have a legal duty to maintain their properties in a safe and habitable condition under Florida Statute § 83.51.
What you cannot do:
Fail to comply with applicable building, housing, and health codes.
Neglect to provide for the extermination of rats, mice, roaches, ants, and bedbugs.
Ignore your responsibility to maintain structural components, plumbing, screens, and major systems like heating and hot water.
Potential Penalties: If you fail to make necessary repairs after receiving written notice, a tenant may be legally entitled to withhold rent or terminate the lease. This is a common and powerful defense in eviction cases.
8. Improperly Calculating Notice Periods
The eviction process begins with a formal notice, and the timelines are strict. Miscalculating the notice period will render it invalid.
What you cannot do:
Include the day of service, weekends, or legal holidays when calculating a 3-Day Notice to Pay Rent or a 7-Day Notice to Cure.
File an eviction lawsuit before the notice period has officially expired.
Potential Penalties: An eviction case filed based on a defective notice will be dismissed, requiring you to restart the entire process. This adds weeks or months of lost rent to your expenses.
9. Neglecting Lead-Based Paint Disclosures
For properties built before 1978, federal law requires landlords to make specific disclosures about lead-based paint.
What you cannot do:
Fail to provide renters with an EPA-approved pamphlet on lead-based paint hazards.
Neglect to include a lead warning statement in the lease.
Fail to disclose any known information about lead-based paint or hazards in the building.
Potential Penalties: Fines from the EPA can exceed $20,000 per violation, in addition to potential civil lawsuits.
10. Refusing to Make Reasonable Accommodations
Under the Fair Housing Act, you are required to provide reasonable accommodations for tenants with disabilities.
What you cannot do:
Deny a request for a support or assistance animal, even if you have a "no pets" policy (note: specific documentation may be required).
Refuse a tenant's request to install a grab bar in the bathroom at their own expense.
Deny a request for a reserved parking space closer to their unit if it's necessary for their disability.
Potential Penalties: Refusing can lead to a fair housing complaint, resulting in significant fines and potential legal action.
11. Overcharging for Application Fees or Late Fees
Florida law does not cap application fees, but they must be reasonable and reflect the actual cost of screening. Late fees must also be "reasonable" and clearly stated in the lease.
What you cannot do:
Charge an exorbitant application fee that far exceeds the cost of a background and credit check.
Impose a late fee that could be deemed "unconscionable" or punitive by a court.
Charge a late fee if it is not explicitly outlined in the written lease agreement.
Potential Penalties: A judge may rule that excessive fees are unenforceable, and this can create a point of contention in landlord-tenant disputes.
12. Failing to Provide Rent Receipts
While it may seem minor, providing receipts is a legal requirement in some situations under Florida Statute § 83.50.
What you cannot do:
Refuse to provide a written receipt for any rent payment or other payment made in cash.
Fail to provide a receipt upon request for payments made by check.
Potential Penalties: This can create distrust and lead to disputes over payment history, potentially complicating an eviction case for non-payment.
Secure Your Investment with Expert Guidance
Navigating Florida’s landlord-tenant laws requires attention to detail and a commitment to fair and legal practices. These 12 mistakes represent common but avoidable risks that can jeopardize your rental income and portfolio growth.
You don’t have to manage these complexities alone. An expert property management partner can help you streamline operations, ensure compliance, and maximize your returns.
If you have questions about your legal obligations or need assistance managing your properties, contact Don Asher Management. Our team of experts is here to provide the trustworthy guidance you need to succeed.
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At Don Asher Management, we've proudly served the Central Florida community for over 70 years. As a locally-owned company with a strong understanding of the local market, we've cultivated substantial relationships with regional and national contractors to provide top-quality services. We're dedicated to meeting your property and HOA management needs with a personalized touch, combining our decades of experience and commitment to detail to provide unmatched service. We're confident in our ability to deliver exceptional services tailored just for you. Choose Don Asher Management - where personalized attention meets professional service.