(LAKELAND, Fla.)- Under Florida Statute 83.491, landlords in the Sunshine State now have the option to provide tenants with an alternative to traditional security deposits. This change, which took effect in mid-2023 but will significantly impact new lease agreements in 2024, allows landlords to offer tenants the choice to pay a nonrefundable fee instead of a security deposit.
The nonrefundable fee, permitted under Florida law, offers tenants flexibility in securing rental homes, especially when they cannot afford or prefer not to pay the standard security deposit. Tenants have the option to pay this fee in monthly installments alongside their rent payments or according to a predetermined payment schedule outlined in the lease agreement.
It's essential to note that opting for a nonrefundable fee does not absolve tenants of their obligations to pay rent, fees, or the costs associated with repairing damages beyond normal wear and tear. The fee agreement must be documented in writing, and tenants retain the right to cancel the fee agreement at any time and pay the security deposit in full instead.
While landlords are not mandated to offer the nonrefundable fee option, those who do must extend it to all new applicants or none at all. Furthermore, landlords cannot deny a rental application based solely on a tenant's decision to pay the fee.
Florida's House Bill 133, which amended the Florida Residential Landlord and Tenant Act, introduced these changes to provide tenants with more accessible housing options by reducing upfront costs. Landlords also have the option to allow tenants to pay security deposits in monthly installments rather than as a lump sum.
To ensure transparency, written agreements for nonrefundable fees must disclose key details, including the tenant's option to pay the security deposit instead of the fee, the fee's nonrefundable nature, and the landlord's exclusive discretion in offering this option. Additionally, landlords must notify tenants of any outstanding obligations within 15 days and cannot raise fees during the lease term.
Florida Rural Legal Services Helps Qualified Residents with Housing Issues
For tenants navigating these new regulations or facing housing-related legal issues, Florida Rural Legal Services (FRLS) offers free legal assistance to qualifying individuals within its service areas. Whether it's understanding lease agreements or addressing disputes with landlords, FRLS is committed to providing accessible legal support to those in need.