In Florida, landlords have the right to refuse renting to felons based on their criminal history, especially if it’s that severe. However, this right is not absolute. The Fair Housing Act (FHA) prohibits discrimination in housing based on certain protected characteristics, including criminal history. As a result, landlords must carefully consider their reasons for denying housing to felons and ensure they are not discriminating based on a protected characteristic.
Mind you, this article aims to empower felons and landlords alike in fostering positive landlord-tenant relationships and advocating for inclusive housing policies.
Renting To Felons In Florida
In the state of Florida, landlords have the right to make decisions about who they rent their properties to. However, when it comes to renting to felons, landlords must follow certain laws and regulations to ensure compliance with fair housing laws.
Florida’s Fair Housing Act (FHA) prohibits discrimination against individuals with criminal convictions, including those convicted of a felony. The FHA defines “conviction” as a conviction under federal or state law, including a felony or misdemeanor.
However, there are some exceptions to the FHA’s prohibition on discrimination against individuals with criminal convictions. For example, if a landlord can demonstrate that a person with a criminal conviction poses a direct threat to the health or safety of others, or that the person’s presence would cause a substantial disruption to the landlord’s property, the landlord may be able to deny the rental application.
In addition, some landlords may choose to use tenant screening services that take into account an individual’s criminal history. These services may use information from public records or databases to determine whether an individual has been convicted of a crime.
Landlords need to note that even if they are allowed to deny a rental application based on a person’s criminal history, they must still follow fair housing laws and regulations. This means that they cannot discriminate against individuals based on race, gender, religion, or other protected characteristics.
Therefore, while landlords in Florida have some discretion when it comes to leasing to felons, they must still follow fair housing laws and regulations. It’s important for landlords to understand the laws and regulations related to renting to felons and to make informed decisions about who they rent their properties to.
State And Federal Laws Regarding The Rights Of Landlords And Tenants In Florida
Here is a summary of some key state and federal laws regarding the rights of landlords and tenants in Florida:
State Laws
1. Florida Statutes Annotated (F.S.A.)
This is the primary source of state law in Florida. Relevant sections for landlords and tenants include:
- F.S.A. 83.682(1): Implied warranty of habitability
- F.S.A. 83.682(2): Duty of landlord to maintain premises
- F.S.A. 83.682(3): Duty of tenant to maintain premises
- F.S.A. 83.48: Notice requirements for eviction
2. Florida Landlord-Tenant Act (F.L.T.A.)
This law provides specific rights and responsibilities for landlords and tenants, including:
- Section 83.51: Notice requirements for termination of tenancy
- Section 83.53: Procedures for eviction
- Section 83.67: Security deposits
3. Florida Consumer Collection Practices Act (F.C.C.P.A.)
This law regulates debt collection practices, including those related to security deposits and other fees.
Federal Laws
1. Fair Housing Act (FHA)
This law prohibits discrimination in the rental of housing based on race, color, religion, sex, national origin, disability, and familial status.
2. Americans With Disabilities Act (ADA)
This law requires that landlords make reasonable accommodations for tenants with disabilities.
3. Housing Choice Voucher Program (Section 8)
This program provides rental assistance to low-income families and individuals.
4. Fair Credit Reporting Act (FCRA)
This law regulates the use of consumer reports, including credit reports, in the rental application process.
5. Residential Lease Termination Act (RLTA)
This law provides procedures for terminating a residential lease.
Important Provisions
1 . Implied Warranty Of Habitability
Landlords have to maintain the premises in a habitable condition, including providing adequate heat, light, and water.
2. Security Deposits
Landlords may require security deposits but must follow specific procedures for handling and returning deposits.
3. Eviction
Landlords must provide written notice before terminating a tenancy and must follow specific procedures for evicting tenants.
4. Disability Accommodations
Landlords must make reasonable accommodations for tenants with disabilities.
5. Discrimination
Landlords may not discriminate against tenants based on protected characteristics, such as race, religion, or national origin.
Key Court Cases
1. Wilkerson v. Turner
This case established that landlords have a duty to maintain the premises in a habitable condition.
2. Herrera v. Dillard
This case held that landlords may not evict tenants without following proper procedures.
3. Baker v. City of Miami Beach
This case established that landlords may not discriminate against tenants based on their sexual orientation.
This is not an exhaustive list of state and federal laws regarding the rights of landlords and tenants in Florida. It is recommended that landlords consult with an attorney or other legal professional to ensure compliance with all applicable laws and regulations.
How To Search For Available Apartments In Florida
Searching for available apartments in Florida can be a daunting task, but there are several ways to make it easier. Here are some steps to follow:
1. Define Your Search Criteria
Start by deciding what you’re looking for in an apartment. Consider the following factors:
- Location: Which city or region in Florida are you interested in?
- Budget: How much are you willing to pay for rent?
- Amenities: Do you need amenities like a pool, gym, or pet-friendly environment?
- Size: How many bedrooms and bathrooms do you need?
2. Online Apartment Search Websites
Use online apartment search websites to find available apartments in Florida. Some popular options include:
- Zillow
- Trulia
- Realtor.com
- HotPads
- Apartment Finder
- Apartment List
3. Apartment Complex Websites
Many apartment complexes have websites that list available apartments. Look for websites that specialize in your desired location, such as:
- MiamiApartments.com (for Miami and surrounding areas)
- TampaApartments.com (for Tampa and surrounding areas)
4. Social Media And Online Directories
Use social media platforms like Facebook and Twitter to search for apartments in Florida. You can also use online directories like:
- Craigslist (be cautious when using Craigslist, as some listings may be scams)
- Gumtree
- Oodle
5. Local Newspapers And Classifieds
Check local newspapers and online classifieds like:
- The Miami Herald (for Miami and surrounding areas)
- The Tampa Bay Times (for Tampa and surrounding areas)
6 . Contact Local Property Managers
Reach out to local property management companies that specialize in your desired location. They may have available apartments that aren’t listed online.
7. Visit Apartment Complexes
Visit apartment complexes in person to get a feel for the area and see the available apartments. This can help you make a more informed decision.
Some Popular Apartment Complexes In Florida Include:
1. Miami:
- Brickell City Centre
- Downtown Miami Apartments
- Miami Beach Apartments
2. Tampa:
- Westshore Plaza
- Downtown Tampa Apartments
- Tampa Heights Apartments
3. Orlando:
- Lake Eola Apartments
- Downtown Orlando Apartments
- Orlando Executive Airport Apartments
Remember to always research the apartment complex and building thoroughly, including reading reviews and checking the landlord’s reputation before signing a lease.
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Conclusion
By fostering a deeper understanding of the challenges faced by felons when seeking housing, we can work towards a more inclusive and supportive environment in Florida. Through advocacy for policy changes and promoting positive interactions between felons and landlords, we can create opportunities for successful reentry and community integration. Every individual deserves a place to call home, regardless of their past. Let’s work together to build a more equitable and welcoming housing landscape for all.
