Landlords can offer fees instead of security deposits under new Florida law

Amber Jo Cooper contributed to this report.

TALLAHASSEE, Fla. (FLV) – Gov. Ron DeSantis signed a bill that allows a landlord to offer tenants pay a fee instead of a security deposit.

Rep. Jim Mooney, R-Islamorada, and Sen. Nick DiCeglie, R-St. Petersburg, carried the legislation.

Mooney said in committee that a written agreement between the landlord and renter would be required in order for the fee option to be available.

According to the bill’s analysis, landlords are already offering their tenants alternatives to security deposits, but the actions are not regulated by state law.

The alternative fee option occurred after noticing low-income families could not afford a security deposit upfront, according to the analysis. Security deposits could include one or two month’s rent.

Mooney said the fee would not be capped at a certain dollar amount and is non-refundable. For example, this could include a monthly fee or any fee schedule that the landlord and tenant agree on.

“This is just an option to get in the front door initially, those that wish to stay with the fee throughout the course of their rental is a choice they make personally, but there’s nothing to say they have to stay with the fee. You absolutely can opt out at any given time you wish to,” he explained.

One of the concerns Democrats held was that it did not cap the fee amount.

“My concern with the bill is that landlords don’t have any type of guidance with what the fee could be. And so what I’ve heard from constituents is, that fees are being added on that they just can’t afford in conjunction with the rent,”  Rep. Ashley Gantt, D-Miami, said during committee.