Legal Question in Real Estate Law in Florida

Tenant Rights vs. Fla. Law

Facts: Lease states: Applicants waive all rights under Landlord Tenant Laws of Florida pertaining to late payment of rent, quiet enjoyment, or causing damage, etc. Told that "deposit must be paid immediately, because needed to pay bills". It is SUPPOSED to go into a non-interest bearing account.

Q. Does this mean it is LEGAL to charge 521% late fees on a security deposit which the landlord clearly intends to spend and NOT return? Also, does this mean I am NOT entitled to the implied covenant of quiet enjoyment which is standard in any rental lease and I can be harassed anytime?

A. No, your landlord cannot abrogate Fla. Law by inserting a provision in the lease. Usury laws still apply; no one is allowed to collect a PENALTY although liquidated damages are legal, if reasonable; and you can't be harrassed. However, if your landlord rents less than five places, then be careful of those portions of the deposit section of the Statutes that DO NOT apply. Also when you rent a single family home, you can shift responsibility for upkeep and care by contractual provision. If it isn't illegal, then you can generally contract whatever way you agree. If you are getting these vibes now, maybe you should look elsewhere. I wouldn't want my deposit used to pay my landlord' bills. You might never see it again.