(FLORIDA)- When you move into a rental home or employer-provided housing in Florida, you enter into a rental agreement—even if nothing is written down. A written lease is one type of rental agreement, but Florida law also recognizes oral agreements based on what you and the landlord discussed before you moved in.
These conversations matter. Details such as how much rent you agreed to pay, when rent is due, what utilities are included, and any rules you were told about become part of your agreement. This is especially important for tenants who move quickly due to job changes, emergencies, or limited housing options.
While oral agreements are legal, written agreements provide clarity and protection. A written lease can reduce confusion, prevent disputes, and give you something concrete to point to if disagreements arise.
Even without a written lease, Florida landlords and tenants have legal rights and responsibilities that cannot be waived. A landlord cannot avoid their duties—such as making required repairs—by telling you that you agreed otherwise. If the law says the landlord must do something, that duty still applies.
Scenario: You verbally agreed to rent a home for $900 per month, with water included. Two months later, the landlord sends a notice saying utilities are no longer included. You document all previous conversations, emails, and texts with the landlord and present this information in court. Because Florida law recognizes oral rental agreements, your evidence helps prove what you originally agreed to.
FAQs:
1. Can a landlord change the terms of an oral agreement after I’ve moved in without my consent?
- No, Florida law generally requires mutual agreement to modify any rental terms. If a landlord tries to change the terms unilaterally, you can contest it, especially if you have proof of the original agreement.
2. Are oral agreements enforceable if there is no written evidence?
- Yes, Florida recognizes oral agreements, but having written proof, emails, or text messages greatly strengthens your case.
3. What should I do if my landlord refuses to honor the oral agreement?
- Document all communications and consider seeking legal assistance from a Florida legal aid office.
Legal Disclaimer: This is NOT intended to take the place of legal advice. It is designed to inform you of a tenant’s rights and responsibilities under Florida law. It is also designed to help you handle problems on your own when you can’t get a lawyer.
About Florida Rural Legal Services (FRLS):
Florida Rural Legal Services, Inc. (FRLS) is a non-profit law firm that provides free civil legal aid to qualified individuals, families, and vulnerable communities across 13 Florida counties and to farmworkers statewide. Since 1966, FRLS has pursued justice by providing legal services in
housing law, family law, consumer protection, public benefits, elder law, disaster relief, education law, tax advocacy, and more, all at no cost to our clients. FRLS collaborates with community organizations and Pro Bono attorneys to deliver quality advocacy, outreach, and education designed to protect the rights of those in need. For over 50 years, FRLS has been a steadfast advocate for justice. Learn more at www.FRLS.org.