Division of Hotels and Restaurants

Landlords and Tenants FAQ

All information on this page is current and was last reviewed by the division on October 7, 2009.

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Apartments

1. Q: If I just moved out of my apartment, can my landlord keep my deposit?

A: In order to withhold your deposit, the landlord must notify you in writing within 30 days of the end of your lease of his or her intention to impose a claim on the deposit. The language required in this notice is very specific and is specified in Section 83.49(3), Florida Statutes. If the landlord fails to properly notify you, he loses the right to withhold your deposit. Upon receipt of the landlord’s notification, you have 15 days in which to contest in writing the withholding of the deposit. If you do not do so timely, the landlord may deduct the claim and refund any balance within 30 days of the original notice. If the landlord does not intend to withhold any portion of your deposit, the money must be returned to you within 15 days of the end of your lease or your move-out date, whichever is later. If all parties notify one another in a timely manner, but dispute remains over the amount withheld or a broken lease is involved, the dispute must be settled by the courts. For further explanation, contact the Customer Contact Center at 850.487.1395.

2. Q: Can I use my deposit for my last month’s rent payment?

A: Because there is a difference between advanced rent and deposit money, unless you have an agreement with the landlord to do so, you probably cannot.

3. Q: Can I break my lease without getting penalized?

A: Unless there is a specific clause in the lease that allows you to break it, you will be subject to penalty at the discretion of the landlord.

4. Q: If the landlord won’t make needed repairs as they are reported, can I withhold paying the rent until such repairs are made?

A: No. You cannot legally withhold paying your rent but there are provisions in the law for you to pay your rent to the court until such time as repairs are made. For further information, contact the local Clerk of the Court.

5. Q: How long does it take to evict a tenant?

A: The amount of time varies and depends upon the local courts and law enforcement agencies involved. Check with the local Clerk of the Court for more information.

Transient Establishments

6. Q: I have been refused service at a lodging establishment. Can they refuse to let me rent a room?

A: Yes. Public lodging establishments and public food service establishments are private enterprises, and the operator has the right to refuse accommodations or service to any person who is objectionable or undesirable to the operator. However, such refusal may not be based upon race, creed, color, sex, physical disability, or national origin according to Section 509.092, Florida Statutes. Any person aggrieved by a violation of this section has a right of action as outlined in Section 760.11, Florida Statutes, and may contact the Florida Human Rights Commission at http://fchr.state.fl.us, which has the authority to investigate allegations of discrimination.

7. Q: Can a lodging establishment refuse to rent/lease to me because of my age?

A: Yes. The management of the establishment may establish reasonable rules and regulations for its guests and employees. The rules, which may include setting a minimum rental age (generally 18 or 21), must be posted and made available to guests. The rules become a special contract between the operator and each guest or employee using the services or facilities of the operator according to Section 509.101(1), Florida Statutes. Reservation/rental agreements are considered contracts, and because contracts with minors may be unenforceable, operators may choose to avoid them. Any person who feels they may have been discriminated against should contact the Florida Human Rights Commission, which has the authority to investigate allegations of discrimination.

8. Q: What happens if I don’t like the facility when I arrive?

A: Once you have committed to the reservation, you have entered into a contract and will be subject to all its terms and conditions. It is your responsibility to know what these terms and conditions are before you commit to them, especially provisions regarding cancellations, late arrivals, and early checkouts. For your greatest protection, you should obtain a written confirmation that includes all applicable terms. After making a reservation, you may be liable for payment regardless of your satisfaction with the facility, depending on the cancellation and early checkout policies. Before making a reservation, you should take every precaution to know what you are buying, including a visit to the property if possible.

9. Q: If I have prepaid for my stay and my plans change am I entitled to a full refund?

A: After making a reservation, you may be liable for payment, depending on the cancellation and early checkout policies (see question above). If you have a pre-paid reservation, and you don’t like the property or can’t make the trip, refunds are subject to the terms you agreed to at the time of the reservation. Unless expressly acknowledged in the terms of the reservation, there is no requirement that the money be refunded. Be sure you know all the terms and conditions of the reservation, especially regarding canceling or changing the reservation, before you commit your money or credit card.

10. Q: How do I know I’m not being overcharged?

A: Rates are subject to market conditions and room availability. However, charging a rate during a declared emergency which is significantly higher than charged the previous few months may be a violation of Florida law and should be reported to the Office of the Attorney General.

11. Q: When I arrived the rates had changed. What can I do?

A: Rates are subject to market conditions and room availability, which may change dramatically in a short period. For your greatest protection, you should obtain a written confirmation guaranteeing your rate and all applicable terms. Rates change throughout the year for special events or different seasons and may even change hourly depending on the number of rooms unfilled.

12. Q: What are my options if a facility overbooks and cannot provide me the room I reserved?

A: The facility must try to find you comparable lodging nearby. If you have prepaid, you are entitled to a full refund.

13. Q: If I find my room dirty, what do I do?

A: You may file a complaint with DBPR, Division of Hotels and Restaurants, at 850.487.1395 if management fails to act. Money-back guarantees are a civil matter for which the division cannot enforce or compel resolution.

14. Q: There are charges on my bill that I didn’t expect, is this legal?

A: Undisclosed charges or fees not disclosed in writing at the time of check-in are a violation of Florida law and should be reported to the Division of Hotels and Restaurants. Imposing fees for any service or amenity that is not optional for the guest is not permitted. This includes but is not limited to items such as surcharges for energy or water, fees for safes, telephone surcharges, television, air-conditioning, kitchenettes, parking or "resort fees." Carefully review your bill prior to leaving to ensure you were not charged inappropriately.

15. Q: How much may I be charged for a room?

A: Rates are subject to market conditions and room availability and typically change throughout the year for special events or different seasons.

16. Q: If I paid a deposit on a reservation that I now want to cancel, can the establishment refuse to refund my deposit?

A: Yes. If the establishment has a posted policy that indicates no refunds, they may keep your deposit.

17. Q: How do I remove someone who owes money from the premises?

A: According to Chapter 509.141(4) you should contact the local law enforcement agency and find out what is required in order for an officer to assist in ejecting a guest. Do not try to do it yourself.

18. Q: If a guest is present who is disturbing other guests, can I have them ejected from the premises?

A: You may eject any undesirable guest, according to Chapter 509.141(1), Florida Statutes, by notifying them in writing of your desire for them to leave and returning all unused rent. You may wish to contact local law enforcement if they do not leave voluntarily or if you fear violence.