Florida Landlord Disclosures Before Move-In: What Renters Must Know

Before you sign a lease or move into a rental property in Florida, your landlord is required by law to provide certain disclosures. Knowing what must be disclosed helps you protect your rights and avoid potential disputes during your tenancy. This guide explains what disclosures Florida landlords must provide, why they're required, and how renters can take action if a landlord doesn't comply.

Key Landlord Disclosures Required in Florida

Florida law outlines a few essential disclosures that landlords must give tenants before move-in. These ensure renters are aware of property conditions, legal obligations, and financial protections.

Security Deposit Handling Disclosure

• What it covers: The landlord must notify you in writing about where your security deposit will be held, whether it will be kept in an interest-bearing or non-interest-bearing account, and the bank name and address.
• When it's due: This disclosure must be given within 30 days of receiving your security deposit.
• Legal basis: This requirement is found in Florida Statutes § 83.49.

Radon Gas Disclosure

• What it covers: Florida landlords must give every tenant a specific warning notice about the possibility of radon gas in Florida properties.
• Legal language: The landlord must include the official state-approved radon statement in the lease, which warns about natural radon and health risks.
• Legal basis: Required by Florida Statutes § 404.056(5).

Lead-Based Paint Disclosure (for Pre-1978 Housing)

• What it covers: For any property built prior to 1978, federal law requires landlords to provide the "Protect Your Family From Lead in Your Home" pamphlet and disclose any known lead paint or hazards.
• Official Form: Lead-Based Paint Disclosure Form (EPA Form 747-K-99-001)
• When & How: The form and pamphlet must be given to you before signing the lease. For example, if you're moving into a 1975-built apartment, your landlord must provide these documents even if no lead hazards are known.
• More info: See the EPA's guide for renters.

Other Common Florida Disclosures

• Identification of Landlord/Authorized Agent: The names and addresses of the property owner and any agents authorized to act on behalf of the landlord must be provided in writing (Florida Statutes § 83.50).
• Notice of Code Violations: If the property has pending code violations that may threaten your health or safety, the landlord must tell you in writing before you move in (Florida Statutes § 83.51).

While Florida does not require landlords to complete a formal move-in inspection checklist, it's wise to request one yourself and document the condition of the unit before moving in.

What Happens If Disclosures Aren't Provided?

If your landlord doesn't give you these mandatory disclosures, you have rights. For example, failure to disclose details about your security deposit means the landlord may lose the right to deduct damages when you move out. Lack of radon or lead-based paint disclosure could also provide grounds for a complaint or, in some cases, even legal action.

How to Take Action If Disclosures Are Missing

If your landlord hasn't provided required paperwork or disclosures, you can:

• Politely request the missing documents in writing (email or certified mail is best for your records).
• Contact the Florida Department of Business and Professional Regulation (DBPR), which oversees landlord-tenant matters.
• File a formal complaint through your local county housing authority, if needed.

If you need to take further action, you may contact the appropriate county court. In Florida, residential tenancy matters are generally handled in Florida County Court (Civil Division).

Official Forms for Florida Renters

• Lead-Based Paint Disclosure Form (EPA Form 747-K-99-001): Used before move-in for pre-1978 properties. Download from EPA (PDF)

Remember to use only official versions of forms and consult with the appropriate authority for your county if you have any questions.

Frequently Asked Questions About Florida Landlord Disclosures

1. What happens if my Florida landlord doesn't tell me where my security deposit is held?
   Your landlord may lose the right to make deductions from your deposit, and you could file a complaint if needed.
2. Are landlords in Florida required to disclose mold issues?
   No specific law addresses mold disclosures, but landlords must keep the rental habitable and safe. Always request maintenance in writing if mold is present.
3. Do I get a copy of all mandatory disclosures in writing?
   Yes, you should get written copies of all applicable disclosures. Always keep these with your lease agreement.
4. Can I refuse to move in if my landlord refuses to provide the lead-based paint disclosure?
   You have legal grounds to delay or refuse move-in for pre-1978 buildings without this required disclosure.
5. Who do I contact if my landlord won't provide required forms?
   Contact your local county court, the Florida DBPR, or a local housing authority for help.

Key Takeaways for Florida Renters

• Always request and keep copies of all required landlord disclosures before you move in.
• Know that special rules apply for security deposits, radon gas, and lead-based paint (for older homes).
• If you don't receive required paperwork, you can contact official Florida agencies or seek help from the court.

Need Help? Resources for Renters

• Florida Department of Business and Professional Regulation (DBPR) - Landlord Tenant Resources
• Florida County Court (Civil Division) – handles most residential tenancy disputes
• HUD Florida Tenant Rights
• Florida Residential Landlord and Tenant Act (Florida Statutes Chapter 83, Part II)

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1. Florida Residential Landlord and Tenant Act (Florida Statutes Chapter 83, Part II)
2. Florida Statutes § 83.49: Security deposits
3. Florida Statutes § 404.056: Radon gas disclosure
4. EPA: Lead-Based Paint Disclosure for Rentals
5. Florida Statutes § 83.50: Landlord disclosure of ownership/agent
6. Florida Statutes § 83.51: Landlord maintenance and code violations
7. Florida DBPR Landlord/Tenant Resources
8. Florida State Courts System

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