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AdvocacyLegal Updates & Resources

LEGAL UPDATE: New law affecting landlords and public establishments effective July 1, 2022

Florida passed a new law (SB 898), that is effective July 1, 2022. Below is what is NEW for residential tenancies in Florida.

WHEN CAN THE LANDLORD ENTER THE RENTAL PROPERTY?

  • To protect or preserve the property, a landlord may enter the unit at ANY time.
  • For repairs, the landlord may enter the property between the hours of 7:30 AM and 8:00 PM, only after giving the tenant reasonable notice, which is now 24 hours.
  • The landlord may also enter the property if:
    • The tenant consents;
    • There is an emergency;
    • The tenant unreasonably withholds consent; or,
    • As otherwise provided in Stat. Sec. 83.53.

BACKGROUND SCREENINGS FOR EMPLOYEES

  • Public lodging establishments that are transient or non-transient apartments must require background checks as a condition of employment for ALL employees.
    • “Transient” apartments are buildings or complexes of buildings in which more than 25% of the units are advertised or held out to the public as available for transient occupancy. ( Stat. Sec. 509.242(1)(e)).
    • “Non-transient” apartments are buildings or complexes of buildings in which 75% or more of the units are available for rent to nontransient tenants. ( Stat. Sec. 509.242(1)(d)).
  • A consumer reporting agency must conduct the background screenings in accordance with the Federal Fair Credit Reporting Act AND they must screen for criminal history and sexual predator/offender registrations in all 50 states and the District of Columbia.
  • Job applicants or employees may be rejected if has been convicted, found guilty, entered a guilty plea, or entered a plea of nolo contendere (“no contest”) for a criminal offense involving disregard for the safety of others or a criminal offense committed in ANY jurisdiction involving violence.

NEW SAFETY MEASURES

New safety measures are required of all public lodging establishments licensed as transient or non-transient apartments, and is effective beginning on January 1, 2023. Each establishment MUST:

  • Require background screening for employees as a condition of employment.
  • Keep a log accounting for the issuance and return of keys for each unit.
  • Create procedures for issuing and returning keys.
  • Monitor how unissued keys are stored and accounted for.
  • At annual inspections, the establishment MUST show proof of compliance with this new law.

HOURLY RATES NOT ALLOWED

Public lodging establishments MAY NOT charge an hourly rate for an accommodations. This does not apply to late checkout fees.

This Legal Update is not legal advice or representation and should not be relied upon as such. MIAMI REALTORS® cannot provide legal advice or opine about the specifics of your situation.

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