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Tenant's Rights

You have rights as a tenant. Read Florida’s Residential Landlord and Tenant Act, Section 83.40 to 83.682, Florida Statutes (2011). Florida Statutes are available online through the Florida Legislature’s home page, www.leg.state.fl.us. Explanations of the Act have statewide applicability, but any specific reference to Gainesville or Alachua County applies only to those areas. The rental of mobile homes or mobile home lots is not covered in this publication.

Your duties as a tenant

What is an eviction?

What happens when you do not pay rent?

Failure to pay rent is the quickest way to be evicted. The landlord will serve a notice demanding payment of rent or possession of the premises. If you fail to comply with the demand in three days, excluding weekends and holidays, eviction proceedings may be started. Neither surrender of the premises nor eviction ends your liability for rent.

 Other reasons for eviction

Your lease can be terminated and you can be evicted for violating any lease terms, rules and regulations. Termination begins with a 7-day notice and does not end your liability for rent. Your options depend on whether the violations are classified as curable or non-curable. If you receive either type of notice, you must act immediately. Either negotiate a settlement with the landlord or contact an attorney.

Curable violations

A curable violation includes unauthorized guests, pets, or parking, or the failure to keep the premises clean and sanitary. You will be given seven days to correct a curable violation. You will not be given a second chance if you repeat the violation in 12 months.

Non-curable violations

 A non-curable violation includes misuse or deliberate destruction of the landlord’s property or a continued, unreasonable disturbance. The landlord may terminate your lease with a 7-day notice without giving you a chance to correct the violation.

Everyone must pay rent or you will be evicted

Getting sued

A judgment for money damages is enforceable for a maximum of 20 years and earns 7 percent simple annual interest. A judgment can be enforced by seizing your wages, bank accounts, or your personal property. Your credit rating will be adversely affected by a judgment.



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