Oct. 10, 2025

First-Time Landlord in Palm Beach County: The Rules That Carry Real Liability
Most of what a general landlord guide tells you is sound. Prepare the property, price it against comparables, screen consistently, document everything, keep clean books. That advice appears below because it holds up.
What a general guide cannot tell you is which parts of this are governed by statute where you actually own the property — and on two specific points, the standard advice in circulation would walk a Palm Beach County landlord straight into a fair housing complaint. Those come first, because they are the items where a mistake is not a bad month. It is a claim.
Fair Housing, Where the Standard Guidance Is Wrong
Federal law protects seven classes: race, colour, religion, sex, national origin, familial status, and disability. The version of this page we rewrote listed six, omitted colour, and used "gender" where the statute says sex. That imprecision matters less than what came next, but a landlord working from an incomplete list is already exposed.
Palm Beach County protects more. The county's fair housing ordinance adds age, marital status, sexual orientation, and gender identity or expression. Individual municipalities layer on further protections — Boynton Beach and Delray Beach, for example, add genetic information and pregnancy. So the list that governs your property is federal plus county plus, potentially, city.
Which makes one piece of the original advice actively dangerous. It tells landlords to advertise "rules like pet policies or age restrictions." Age is a protected class under the county ordinance, and familial status is protected federally. An ordinary rental cannot be advertised or operated with an age restriction. Housing formally qualifying as housing for older persons is a narrow, specific exemption with its own compliance requirements — it is not something a first-time landlord applies to a single rental house because they would prefer quiet tenants.
Familial status protection covers families with children under eighteen, pregnant tenants, and people in the process of securing custody of a minor. A "no children" policy is not permissible, and neither is charging a family a larger deposit because they have children.
The second problem is in the marketing section. It advises writing a listing description "highlighting schools, parks, and nearby shops." Schools do not belong in rental advertising. Referencing them signals a preference about who the housing is for, and familial status is exactly the characteristic that signal maps onto. Describe the property — square footage, bedrooms, finishes, parking, outdoor space, what is included. Let applicants evaluate the location themselves.
On screening criteria. You may use reasonable criteria applied uniformly: credit history, rental history, verified income, references. The rule is consistency — the same standard, the same documents, the same process, for every applicant. Applying a stricter procedure to some applicants than others is where liability is created, and it can happen without any intent to discriminate.
Criminal history deserves particular care. Blanket exclusions based on any criminal record have been treated as creating fair housing risk through disparate impact, and the safer approach is an individualised assessment considering the nature and age of an offence and its relevance to tenancy. Write your policy down, apply it identically, and have a Florida attorney review it before you use it.
One local note worth having straight: Palm Beach County does not currently have a countywide source-of-income ordinance requiring acceptance of housing vouchers, though city-level rules vary and should be checked for the specific municipality. We are real estate professionals, not attorneys — fair housing exposure is exactly the area where an hour of legal review before you list is cheap.
The Florida Statutes That Govern Your Tenancy
General guides tell you to "know your state's landlord-tenant laws." Here are the ones that actually come up.
Security deposits — Section 83.49. Florida sets no statutory cap on the amount, which surprises people. What it does regulate is handling. You must hold the deposit in a Florida banking institution, either in a separate non-interest-bearing account or an interest-bearing one, or post a surety bond. You must give the tenant written notice of where it is held within thirty days of receiving it. And after the tenancy ends, you have fifteen days to return the deposit if you are making no claim, or thirty days to send written notice of a claim by certified mail. Miss the deadline and you can lose the right to claim against the deposit at all.
Entry — Section 83.53. You cannot enter at will. For repairs, the statute requires reasonable notice — defined as at least 24 hours prior to entry — and entry at a reasonable time, which the statute defines for repairs as between 7:30 a.m. and 8:00 p.m. Note that this changed: the standard was 12 hours until an amendment effective 1 July 2022 raised it to 24, so any guidance still citing 12 hours is out of date. Give the notice in writing, state the date, time window and reason, and keep a copy — a text or email works provided the tenant actually receives it.
Maintenance — Section 83.51. You must comply with applicable building, housing, and health codes, and maintain plumbing in reasonable working condition. Note a provision that matters given how much local rental inventory is single-family: for a single-family home or duplex, some of the landlord's obligations under that subsection may be altered or modified in writing. What that permits, and what language achieves it, is a question for an attorney rather than a template.
Notices and eviction — Sections 83.56 and 83.67. Nonpayment requires a three-day notice, excluding weekends and legal holidays. Other lease violations follow a seven-day framework. Eviction in Florida is a judicial process, and self-help is prohibited: you may not change the locks, remove doors, or shut off utilities to force a tenant out. Section 83.67 attaches damages to doing so. It is among the more expensive mistakes a frustrated first-time landlord can make.
Before You Have a Tenant
Two questions to settle before anything else, because either can stop the plan.
Does your association permit it? Palm Beach County communities frequently restrict leasing — minimum lease terms, caps on the number of rented units, waiting periods after purchase before an owner may lease, and board approval of tenants with application fees. Read the declaration. In some buildings this conversation ends there.
Is it a short-term rental? Rentals of six months or less are treated differently for tax purposes and carry transient rental tax plus local tourist development tax obligations, alongside municipal registration rules that vary considerably across the county. That is a different business from an annual lease, and it needs its own research.
Preparing the Property
The original's checklist is good and needs only local additions. Repair what is broken, consider a pre-lease inspection, repaint in neutral tones, deep clean, test smoke and carbon monoxide alarms, tidy the landscaping.
Add three things that matter here. Service the air conditioning and clear the condensate line before the tenancy starts — in a climate where the system runs most of the year, a blocked condensate line is a leading cause of interior water damage. Know the age of the roof and the water heater, because those determine both your insurance position and what is likely to fail on your watch. And show the tenant where the main water shutoff is, and confirm it turns; a valve that has not moved in fifteen years may not.
Deferred maintenance behaves the same way on a rental as it does before a sale — you answer for it eventually, to a tenant now or a buyer later. That dynamic is set out in what deferred maintenance costs before listing.
Pricing, Marketing, and Screening
Price against genuinely comparable rentals rather than against your mortgage payment. Bedrooms, bathrooms, square footage, condition, parking, and community amenities drive it. Your carrying costs tell you whether the property works as an investment; they do not tell the market what to pay.
Marketing: good photographs of every room and the exterior, an accurate description of the property itself, honest pricing and deposit figures, lease term and availability, and clear pet policy. Post where renters actually look.
Screening, applied identically to every applicant: a complete application, credit history, rental history, verified income, and references. An income standard around two and a half to three times rent is a common policy choice — the important part is not the multiple but that you apply the same one to everyone and can show you did.
One verification step worth adding because it is cheap and catches real fraud: check the name given as the current landlord against the Palm Beach County Property Appraiser's records for that address. If the owner of record does not match, ask why before accepting the reference.
Lease, Insurance, and Money
The lease. Rent amount and due date, deposit terms, term and renewal, maintenance responsibilities, rules on pets and smoking and use, late payment and eviction procedure, notice to vacate. Generic online templates are a poor fit for Florida's statutory requirements — have an attorney prepare or review it once, and reuse it.
Insurance. Landlord coverage is not homeowners coverage. You want dwelling protection, liability for tenant injury, and loss of rental income. Require renters' insurance in the lease. And understand that Florida carriers evaluate roof age, plumbing material, and electrical condition when deciding whether to write the risk at all — the same underwriting picture described in the inspection that decides a Florida property's insurability.
Records. Track rent, fees, and every expense. Keep documentation supporting depreciation. Use accounting software or a CPA who handles rental property. Also keep a written record of every tenant interaction and maintenance request, because in a dispute the contemporaneous record is what you have.
Reserves. Vacancy and capital replacement are both certainties, not risks. A property with an ageing roof, an old water heater, and dated plumbing has scheduled expenses rather than possible ones, and those sit alongside every other rising carrying cost in South Florida.
How This Varies Across the County
What you are letting shapes which of the above dominates.
Condominium rentals in Boca Raton and Delray Beach make the association question the first one rather than the fifth — leasing caps, waiting periods, and board approval can determine whether the property can be rented at all, and pending assessments land on you rather than the tenant. Older housing around Lake Worth Beach and parts of West Palm Beach puts habitability and insurability at the front, since roof age and plumbing material affect both your statutory obligations and whether a carrier will write you.
Deed-restricted communities across Royal Palm Beach and Greenacres can impose minimum lease terms and tenant registration, which constrains how you market and to whom. Wellington, Loxahatchee, and the acreage communities add well and septic systems, larger grounds, and outbuildings — more property to maintain and more that can fail. And investors buying along the corridor toward Port St. Lucie tend to find newer construction, which reduces the capital replacement risk that erodes returns on older inventory.
A pattern worth naming: first-time landlords prepare thoroughly for the parts of this that resemble owning a home — repairs, cleaning, pricing — and improvise through the parts that are legal obligations. The property side is forgiving; a mistake costs money and time. The compliance side is not. Deposits held incorrectly, an entry without notice, a screening standard applied unevenly, a lockout during a frustrating month — those create liability that is disproportionate to the frustration that produced them.
When to Bring in Help
A property manager makes sense when the demands exceed your availability, when you hold several properties, or when you would rather not be the person interpreting Chapter 83. Fees are commonly quoted as a percentage of collected rent; get current local quotes rather than budgeting from a published range, and confirm what is included, since leasing fees, renewal fees, and maintenance markups vary.
Regardless of whether you self-manage, two professionals are worth engaging once: a Florida real estate attorney for your lease and screening policy, and a CPA who handles rental property. Both are one-time costs that recur far less than the problems they prevent.
Weighing Whether to Rent It or Sell It?
The answer usually turns on numbers you can get before deciding — what the property would bring on the market now, against what it realistically nets as a rental after vacancy, capital reserves, and the insurance position. Worth establishing the sale side first.
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Frequently Asked Questions
Can I set an age limit or say no children in my rental?
No. Familial status is protected under federal law, covering families with children under eighteen, pregnant tenants, and people securing custody of a minor — so a "no children" policy is not permissible, and neither is charging such a family a higher deposit. Age is separately protected under the Palm Beach County fair housing ordinance, alongside marital status, sexual orientation, and gender identity or expression. Housing formally qualifying as housing for older persons is a narrow exemption with its own compliance requirements, not something an individual landlord applies to one rental. Guidance suggesting you advertise age restrictions is wrong and would create real exposure here.
How long do I have to return a security deposit in Florida?
Fifteen days to return it in full if you are making no claim against it, or thirty days to send the tenant written notice of your claim by certified mail. Separately, when you first take the deposit you must hold it in a Florida banking institution — a separate non-interest-bearing or interest-bearing account — or post a surety bond, and give the tenant written notice of where it is held within thirty days of receipt. Florida sets no statutory cap on the deposit amount, but the handling and deadline rules are strict, and missing the notice deadline can cost you the right to claim against the deposit.
My tenant stopped paying. Can I change the locks?
No, and it is a costly mistake to make in frustration. Eviction in Florida is a judicial process. Section 83.67 prohibits self-help remedies — you may not change the locks, remove doors, or shut off utilities to force a tenant out, and doing so attaches damages. The lawful path starts with a three-day notice for nonpayment, excluding weekends and legal holidays, followed by a court action if it is not cured. Involve a Florida attorney early rather than after a misstep; the process is procedural and errors in the notice itself can restart it.
About the Authors
Chris and Sue Kull are South Florida real estate professionals with more than three decades of experience helping buyers, sellers, and property owners navigate the housing market throughout Palm Beach County and surrounding communities.
Their work focuses on providing clear information, local market insight, and practical guidance so clients can make confident real estate decisions. Over the years they have built a trusted network of industry professionals—including lenders, inspectors, contractors, and legal specialists—to support every stage of the real estate process.
Nothing here is legal, tax, or insurance advice. Fair housing compliance, lease terms, and landlord-tenant obligations are matters for a Florida real estate attorney; tax treatment for a CPA. You can explore additional resources at www.TheKullGroup.com, or reach out through our contact page.