Right on Tampa Bay and not far from the ocean, Tampa is a large city that has great opportunities for landlords. Many renters are attracted to the city because of its mix of city and outdoor activities, so you won’t have a shortage of applicants. With the city’s continuous growth, getting a rental in Tampa is a worthwhile investment.
How to Rent Out Your House in Tampa, FL
When you rent out your house in Tampa, you need to know state and local laws. Like other states, Florida has rules regarding security deposits, late fees, notices, entry notifications, and more. Great resources to start your journey with are Florida’s Landlord/Tenant Law Summary of Chapter 83, Part II, Florida Statutes, and the Bay Area Legal Services’ Florida Renters Rights Guide. By abiding by these regulations, being a landlord in Tampa will be smooth and easy.
One of the first parts in the Florida Statutes details how landlords and tenants have an obligation of good faith. This means that they must act with honesty, fairness, and rationality. Another important statute is that if the rental agreement doesn’t contain the duration of the lease, it is determined by the rent payment periods. So, if you require month-to-month payments, it is a month-to-month lease.
There is also an obligation of good faith that landlords must adhere to. Many of the requirements outlined by Florida law state that landlords must use the specific language within the statutes, so make sure you copy the phrasing exactly. All notices to and from a landlord must be in writing and mailed or hand-delivered. The law also requires landlords to provide the name and address of the landlord/authorized person to receive notices and demands.
Requirements for rentals in Tampa
Renting out your house in Tampa requires various forms and documents. You can find them from Florida Realtors, on the Tampa city website, or consulting with an attorney or real estate specialist. Some of the requirements include:
- Business tax receipt: landlords need to obtain a business tax receipt and pay the required taxes.
- Zoning approval: land uses are dependent on the zone they are in. Make sure your property is properly zoned by consulting the Hillsborough County Land Development Office and the Hillsborough County – Land Development Code.
- Certificate of occupancy: A certificate of occupancy is needed for new construction or when the occupancy classification of a building changes. It can be obtained from Inspection Services at the Construction Services Center.
- Notice of tenant rights and resources: landlords must give this document to all applicants before they move in.
- Lead-based paint disclosure: this disclosure must be in a lease if the property was built before January 1, 1978. Other requirements need to be met, like providing an EPA-approved lead hazard information pamphlet and disclosing the presence of lead-based paint.
- Radon gas disclosure: leases must contain specific language that warns renters about radon.
- Fire protection disclosure: this disclosure only applies to buildings higher than three stories. If your building is taller than three stories, then you must tell new renters about the available fire protections.
Rent control in Tampa
With no rent control in Tampa, you can increase rent as you want, but there are rules regarding when you can do so. Typically, you can’t raise rent mid-lease and must give proper notice, likely 30 to 60 days. Rent is due at the beginning of each period and without demand or notice unless a different agreement is reached. It can also be divided among days in case there needs to be a per-day rent payment deal if a move-in is late or early.
Can you charge late fees in Tampa?
Late fees are allowed and can be $20 or 20 percent of the monthly rent, whichever is greater. Other fees you can charge are fees for any expenses accrued from collecting late rent or enforcing a lien as well as service charges on a renter if payment is returned by a financial institution.
Do you need a license to rent out your house in Tampa?
There is no requirement to obtain a rental certificate or register a rental property, but business taxes are still required. You don’t need a Department of Business and Professional Regulation license, either, as long as you are renting out property you own. However, if you have a short-term rental, like a vacation rental, then you will need a license.
Tampa security deposit limits
There is no maximum for a security deposit, but there are security deposit laws regarding interest and the circumstances for return. Security deposits are allowed to have interest if the guidelines around it being collected are adhered to. A receipt for the security deposit must be given within 30 days and include the way the money is being held and, if there is an interest rate, what it is. The deadline for returning a security deposit is 15 days if it is a full refund and 30 days if withholding any amount.
Landlords must send renters a written notice stating that they intend to claim the deposit, including a description and/or itemized list of damages and charges using the exact language in Florida Statute 49 (3a). If the landlord fails to give notice of their intention to claim the deposit, then they cannot take any of the money from the security deposit. Tenants have 15 days to pose an objection to the landlord’s claim. There is no law regarding pet deposits, so a landlord can charge a tenant a pet deposit after reaching an agreement.
What are Tampa’s lease termination notice requirements?
To make sure both parties have ample time to take care of related tasks, Florida has requirements for lease termination notice periods. Regardless of whether it is by the renter or landlord, certain deadlines must be met when giving a notice:
- Yearly: not less than 60 days before the end of any annual period
- Quarter to quarter: not less than 30 days before the end of any quarterly period
- Month-to-month: not less than 15 days before the end of any monthly period
- Week-to-week: not less than 7 days before the end of any weekly period
Is your property in line with Tampa housing codes?
There are building, housing, and health codes that apply to properties in Tampa that landlords must comply with. The laws also cover if those codes are not applicable, landlords must:
- Maintain the roof, windows, doors, floor, steps, porches, exterior walls, foundations, and all other structural components and ensure they are in good repair and capable of resisting normal forces and loads.
- Make sure the plumbing is working
- At the start of a lease, ensure that screens are installed and in good condition. Once annually and when necessary, landlords must repair them.
While these are the minimum requirements by law, these obligations can be altered in the lease agreement. The conditions depend on what kind of property you have, too. Apartments have extra provisions which require landlords to take appropriate measures regarding the following:
- Extermination of rats, mice, ants, wood-destroying organisms, and bedbugs
- Locks and keys
- Maintaining good conditions for common areas
- Garbage removal and outside receptacles
- Working heat facilities during winter
- Running water and hot water
Landlords must follow the lease and provide the services outlined in it as well as in the law, or the tenant can give a written notice to the landlord that repairs are needed. After that, the landlord has seven days to make the necessary repairs before the tenant can withhold rent. However, a tenant must pay the withheld rent once the repairs are made.
What Should You Know When Listing Your House in Tampa, FL?
Depending on where you are in the rental process, you need to consider different laws. For instance, you need to think about fair housing laws when you list your house for rent, look for applicants, and screen tenants. If you have a renter in your property, you can’t go in at any time; you need to follow the regulations regarding entering the premises.
Does your Tampa listing abide by Fair Housing Laws?
To avoid any issues or complications, make sure you know the Fair Housing Act and follow it. This act prohibits you from saying certain things about familial status, sex and gender, disability, religion, race, color, or national origin. Florida has its own Florida Fair Housing Act to further protect renters and cover the specificities in the state. In a worst-case scenario, you could end up in hot water, facing a lawsuit. One of the best ways to make sure your listing is compliant is by excluding subjective phrases and making the listing as straightforward as possible. Try to use broad and informative language.
Are you complying with eviction rules in Tampa?
Each state has its own eviction process, and it can be quite a journey, but following it increases the likelihood of a favorable outcome for you. Self-help evictions are banned in many states, including Florida. If you perform a self-help eviction, you must pay the tenant for any losses/damages or 3 months’ rent, whichever is greater. You also have to pay for any costs incurred during the process, such as attorney fees. Retaliatory actions and eviction are illegal as well.
What happens with a failure to meet obligations in Tampa?
When it comes to a failure to meet obligations, specific steps must be taken depending on whether the landlord is not complying or if the tenant is not complying. Complying with the outlined procedures prevents any hiccups in the process.
When can a landlord enter a rental in Tampa?
Many states have laws regarding entering the premises to protect a renter's privacy while allowing landlords access when needed. In Florida, tenants cannot be unreasonable by impeding landlords from entering occasionally for inspections. If a landlord wants to enter, they must give 12 hours' notice before entry unless otherwise agreed upon, and their entry must be between 7:30 am to 8:00 pm. However, entry is permitted without notice if it is an emergency. There are more stipulations that are specific to certain situations, so be sure to check local laws.
Screen Tenants in Accordance with Federal and Florida Laws on Apartments.com
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FAQ
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The information presented in this article is not a substitute for legal advice. Always consult an attorney for questions regarding your specific situation.
