When leasing your home there are laws and regulations that you need to follow to ensure you’re legally compliant and giving your renter a smooth rental experience.
Freedom From Discrimination
Under the Fair Housing Act, landlords cannot discriminate against a resident or reject a rental application based upon:
- Race
- Color
- National origin
- Religion
- Sex (including gender identity and sexual orientation)
- Familial status
- Disability
In some states, these protections also prevent discrimination based on other categories. you must get an applicant’s written permission to run a credit report, according to the Fair Credit Reporting Act. If you reject an applicant based on the results of their credit check, you must inform the applicant of this. You also have to explain what factors were included in your decision to reject their application. Thirdly, you are required to make reasonable accommodations for residents with disabilities, such as by installing ramps, assigning them an adequate parking space, or leasing them a lower unit.If you choose to ignore or are simply ignorant of the Fair Housing Act, your resident can file a HUD complaint against you. If it is concluded that you violated the Act, you can be ordered to:
- Compensate your resident for damages (out-of-pocket damages and emotional distress damages)
- Provide permanent injunctive relief
- Provide appropriate equitable relief
- Pay your attorney’s fees
- Pay a civil penalty to vindicate the public interest.
Civil penalties range from $16,000, for the first violation to $65,000 if two or more previous violations have occurred within the preceding seven-year period.
Right to a Habitable Home
As a landlord, you have the responsibility to maintain the safety and functionality of your home for your Residents. Residents have a right to a habitable home. This means the rental must be free from unsafe conditions, substantial pests, or other issues. It also includes ensuring the basic utilities (heating, plumbing, water, and sanitation systems) are in proper working condition. Click here to view Florida’s Warranty of Habitability laws.
Rights to Privacy
As a landlord, you should provide advance notice to your residents before entering the property for any reason. Florida requires you give residents at least a 24 hours notice, and limit you to entering the property only during normal business hours. However, a tenant cannot refuse you the right to enter the property if you have given the appropriate notification and under certain contingencies.
