Florida Renters Guide: Off-Base Military Housing Rights

Renting a home off-base in Florida can be a practical choice for military members and their families. Understanding Florida's tenant rights—along with protections for service members—will help you avoid common issues like unfair evictions, rental increases, or security deposit disputes. This article explains the legal basics of renting in off-base military housing in Florida, highlights official resources, and guides you through forms and what to do if problems arise.

Understanding Off-Base Military Housing in Florida

When renting off-base, military members enter into private rental agreements like any other Florida tenant. However, state law provides certain rights and protections that specifically help service members and their families, especially around lease termination, eviction, and discrimination.

Key Rights and Protections for Military Tenants

• Early lease termination rights: Active duty service members can often end their lease early without penalty under specific conditions. This is supported by both federal and state law, such as when receiving deployment or permanent change of station (PCS) orders.
• Eviction protections: Landlords must follow legal eviction procedures, and service members may be entitled to certain delays or protections during active service.
• Maintenance and habitability: Florida law requires landlords to keep rental properties safe and livable. Tenants have the right to request repairs in writing.

All tenants in Florida are covered by the Florida Residential Landlord and Tenant Act^[1], which applies regardless of military status and outlines protections for security deposits, rent increases, eviction procedures, and more.

Early Lease Termination for Service Members

The Servicemembers Civil Relief Act (SCRA) and Section 83.682, Florida Statutes, give active duty military tenants the right to terminate a lease early if they:

• Are deployed for more than 60 days
• Receive PCS orders requiring move more than 35 miles from the rental
• Enter military service after signing the lease

To use this right, provide your landlord with written notice and a copy of your official military orders. You are responsible for rent for at least 30 days after notice is given.

How to Notify Your Landlord – Sample Form

• Form: While Florida does not mandate a standardized termination form, you should provide a formal Notice of Lease Termination – Military Clause.
• When to use: If you receive relocation, deployment, or PCS orders.
  • Example: "My family is stationed at MacDill AFB and we've just received PCS orders to move to Texas. I submit my written notice and copy of orders to the landlord, requesting lease termination effective in 30 days, as allowed under Florida law."
• Refer to the official Florida Landlord/Tenant Law guide (pg. 11-12) for sample military termination language.

Security Deposits, Rent, and Maintenance Issues

Florida's landlord-tenant laws regulate all aspects of rental agreements, including:

• Security deposits: Landlords must provide written notice of where your deposit is held within 30 days, and return the deposit (minus deductions) within 15 to 60 days after lease termination.
• Rent increases: There is no state rent control, but landlords cannot increase rent during the lease term unless the agreement allows.
• Maintenance: Tenants have the right to timely repairs. Submit requests in writing and keep a record. If unresolved, you may have rights to withhold rent under Florida law.

For details, see the official Florida Landlord Tenant Law overview.

How to Document Repair Requests

• Form: There is no required government repair form, but a Tenant Written Notice of Maintenance Request is highly recommended.
  • Example: "My air conditioning stopped working in August. I emailed my landlord a written repair request and kept a copy for my records."
• For serious unresolved issues, review Florida Courts Self-Help for legal options.

Eviction Procedures and Protections

If facing eviction, landlords in Florida must give proper notice (3 days for nonpayment, 7 days for lease violations). If you receive an eviction notice, review it carefully and respond promptly. Service members may qualify for stays or delays under the Servicemembers Civil Relief Act and Florida Statutes.

Relevant Official Forms

• Florida 3-Day Notice (Nonpayment of Rent)
  • Use: Served by landlord to tenant for overdue rent. If you receive this, either pay the rent, move out, or respond in court.
  View the official 3-Day Notice form
• Florida 7-Day Notice (Curable Violation)
  • Use: For lease violations such as unauthorized pets or noise complaints. You get 7 days to fix the violation or risk eviction.
  See court resources for eviction forms

If you are served an eviction lawsuit (Summons and Complaint for Eviction), respond by the court deadline. The Florida State Courts System oversees residential eviction cases in Florida^[2].

Relevant Legislation and Additional Protections

• Florida Residential Landlord and Tenant Act (Chapter 83, Part II)
• Servicemembers Civil Relief Act (SCRA)

Review these laws for full information on your rental protections and duties.

1. Can my landlord evict me while I am deployed on active duty?
   Landlords must go through the court process for eviction, and service members may request a stay (delay) under both federal SCRA and Florida law if active duty service impacts the ability to respond to eviction proceedings.
2. How do I end my lease if I receive military orders?
   Provide your landlord a written notice and a copy of your official orders. Your lease will end no sooner than 30 days after the next rent due date.
3. If my landlord doesn’t return my security deposit, what can I do?
   Florida law requires the landlord to either return your deposit or send a written notice of any claims within 30 days. If they do not, you can file a case in county court. See Florida Courts Self-Help for how to start a small claims case.
4. What rights do I have if my rental needs emergency repairs?
   You have the right to request repairs in writing. If not addressed within 7 days, you may be allowed to withhold rent or terminate the lease as outlined in Chapter 83.
5. Who handles official rental disputes in Florida?
   The Florida State Courts System is responsible for legal disputes, including evictions and deposit claims.

Key Takeaways for Military Renters in Florida

In summary, keep these main points in mind:

• Florida law and the SCRA provide strong early lease termination rights for active-duty tenants
• Always make repair requests and important communications in writing
• Respond promptly to eviction notices and seek help from your base legal office or state court resources

Need Help? Resources for Renters

• Florida State Courts System – Handles official eviction cases and deposit disputes
• Florida Landlord Tenant Law Resources – Clear overview of tenant rights
• Florida Bar Association – Military Legal Services
• Your base legal office or JAG

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1. Florida Residential Landlord and Tenant Act, Chapter 83, Part II
2. Florida State Courts System, Official Court Resource

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