Florida Land Trust Act (F.S. 689.071): What It Is, Who It Helps, and Why It Matters

Not legal or tax advice: Landlord-tenant rules can change and local codes can add requirements. Always consult a Florida attorney for your lease and an accountant for tax planning.

The smoothest rentals I see are the ones that feel boring on paper: clear lease, clear maintenance standards, clear notices, and no surprises at move-out.

The core law most Florida landlords should know

Florida’s Residential Landlord and Tenant Act is in Chapter 83, Part II. A lot of day-to-day landlord questions trace back to repair obligations (83.51), security deposits (83.49), access (83.53), notices (83.56), and termination timelines (83.57). 

Quick answers to the most common “required” questions

Are landlords required to provide window screens in Florida
Florida law explicitly addresses screens in the landlord maintenance statute: when there are no applicable building, housing, or health codes, the landlord must ensure screens are installed in a reasonable condition at the start of the tenancy and repair screens when necessary (generally at least once annually), unless damage is caused by tenant negligence.

If there is air conditioning, does the landlord have to keep it working
Florida law does not generally require a landlord to provide air conditioning statewide, but if A/C is provided as part of the rental, your lease terms and your broader duty to maintain the premises can create a repair expectation. Many Florida legal educators note that local rules and the lease control this issue heavily, so I recommend treating A/C like a “priority repair” in practice and confirming your obligations with counsel. 

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Landlord repair and maintenance basics (F.S. 83.51)

Florida’s statute lays out what a landlord must maintain, including structural components and plumbing, and it also requires functioning smoke detectors.

A practical “Florida-ready” maintenance checklist

• Document move-in condition: photos, video walk-through, and a signed condition form.
• Screens, doors, windows: confirm tight fit, no tears, smooth locks, and weatherstripping where appropriate.
• HVAC servicing: regular preventive maintenance and filter schedule (even if A/C is not “required,” it is often the fastest path to a happy long-term tenant experience in Florida’s climate). 
• Smoke detectors: verify they function at move-in and replace per manufacturer schedule.
• Pest control and sanitation: for certain property types, the statute addresses extermination and related basics, unless otherwise agreed in writing where allowed. Security deposits in Florida (F.S. 83.49)

Florida has detailed timing rules about how deposits are held, how tenants are notified, and how deposits are returned or claimed. The statute includes a 30-day notice requirement about where the deposit is held, and it also sets timelines for returning the deposit or providing notice of a claim. 

Landlord entry and access (F.S. 83.53)

Florida law restricts landlord entry and sets a “reasonable notice” standard, stating that for repairs and agreed services, reasonable notice is at least 24 hours and entry should generally be between 7:30 a.m. and 8:00 p.m. unless otherwise agreed. Notices, nonpayment, and lease violations (F.S. 83.56)

Florida outlines notice procedures for nonpayment (commonly the 3-day notice, excluding weekends and legal holidays) and separate timelines for other noncompliance (commonly 7 days depending on the type of violation). 

Ending a month-to-month tenancy (F.S. 83.57)

Florida’s statute sets specific advance notice timelines to terminate a tenancy without a specific duration, including month-to-month. (This is an area that has changed in recent years, so I always confirm the current statute language before advising anyone to act.)

“Do not do this” list: prohibited landlord practices (F.S. 83.67)

Florida prohibits certain self-help actions such as shutting off utilities, changing locks, removing doors, or otherwise blocking access, and it provides for tenant remedies if a landlord violates these rules. 

Retaliation is addressed in Florida law (F.S. 83.64)

Florida addresses retaliatory conduct, including raising rent or decreasing services in response to certain protected tenant actions, as described in the statute.

Disclosures Florida landlords commonly include

• Landlord/agent name and address: must be disclosed in writing at or before the start of tenancy. 
• Radon notice: Florida requires the radon statement in at least one document executed prior to or at the time of a rental agreement (with an exception for very short transient occupancies). 
• Lead-based paint (federal, pre-1978 housing): the EPA/HUD pamphlet explains that landlords must disclose known lead-based paint information before leases take effect for pre-1978 housing and include required warning language in the lease package. 
• Flood disclosure (newer Florida requirement): Florida has added a flood disclosure section for certain rental agreements, including specific statements about flood risk and insurance. 

Fair housing basics every landlord should follow

The federal Fair Housing Act prohibits discrimination in housing on protected bases listed by HUD and the U.S. Department of Justice, including in rental decisions and terms. If you own rentals, I recommend using consistent written screening criteria and applying them uniformly. 

If this article helped, drop me a quick note and tell me what you are renting (single-family, condo, duplex, small multifamily) and which Florida county. I’ll point you to the right next steps and local pros.

Important: This is general education, not legal or tax advice. Land trusts can affect financing, taxes, insurance, and estate planning. I always recommend speaking with a Florida real estate attorney and your CPA before you sign or record anything.

When people ask me about a “Florida land trust,” they are usually looking for two things: simpler ownership structure and a little more privacy in the public record.

What is the Florida Land Trust Act

The “Florida Land Trust Act” is Florida Statute section 689.071, which sets out how a Florida land trust can be created and how it operates. 

How a Florida land trust works in plain English

A land trust is an arrangement where title to the real estate is vested in a trustee, while one or more beneficiaries hold the beneficial interest under a private trust agreement. Florida’s statute defines a land trust as a written agreement where title is vested in the trustee by a recorded instrument that gives the trustee certain powers. 

Why people use land trusts

• Privacy: The trust agreement (who the beneficiaries are) is typically not recorded publicly, while the deed to the trustee is recorded.
• Streamlined transfer: In some scenarios, transferring a beneficial interest can be administratively simpler than re-deeding property (your attorney will guide what is legally appropriate).
• Multiple-owner clarity: A well-drafted trust agreement can outline decision-making and percentages clearly, which can reduce disputes.
• Liability framing: The statute includes language limiting beneficiary liability “solely by being beneficiaries” (details matter, and structure matters). 

Who does it help

I most often see land trusts discussed by Florida property owners and investors who want a defined ownership structure, an easy-to-administer framework, and more privacy than a deed that lists individual names. Many attorneys also position land trusts as a planning and asset-protection tool, depending on the broader strategy. 

When was it created

Florida’s land trust framework has been recognized for decades. Legal scholarship notes Florida’s Legislature sanctioned use of land trusts in the early 1960s, while the current statutory section 689.071 reflects a long legislative history with a major modern update via chapter 2004-19. 

Common cautions I want homeowners to know