55+ apartments in Tampa: how the age rules work and how to check them

An age-restricted apartment is a rental first: a lease, a deposit, a landlord and Florida landlord-tenant law. What sets it apart is a set of federal age rules the property must meet to limit who lives there. Those rules are public and fairly precise, so you can test a property's claims before you sign. For the broader categories, our guide to senior living options in Tampa compares 55+ communities, independent living, life plan communities and assisted living.

What "55+ apartments" means in Tampa listings

The phrase gets used loosely. In Tampa listings you will see "55+," "active adult," "senior apartments" and "62+" applied to buildings that work in different ways. Three broad types cover most of them.

A building that meets none of these tests is simply an apartment building, whatever its marketing says, and it has no age exemption. That matters when you compare properties, because the age rule is part of what you are paying for.

Section 202 properties are a separate track. HUD says at least one adult in the applying household must be at least 62, the household must make less than 50 percent of the area median income for the property's location and residents are typically charged 30 percent of their adjusted income for rent. HUD's program page links to the 50 percent income figure for each area, and each property's management office can explain how it applies them. The properties usually have a service coordinator. Ask each one about its waiting list and how often it reopens.

Further reading: 42 U.S.C. 3607(b), housing for older persons (via Cornell LII); HUD, Multifamily programs: Section 202 Supportive Housing for the Elderly.

The Housing for Older Persons Act: the federal 55+ rules

The federal Fair Housing Act bars discrimination based on familial status, which includes households with children. Housing for older persons is exempt from that part of the law. The Housing for Older Persons Act set the current tests for the 55+ version, and HUD's rules at 24 CFR 100.304 to 100.307 spell them out. A 55+ property must meet all three of these.

1. The occupancy test

At least 80 percent of the property's occupied units must be occupied by at least one person 55 or older. A unit counts as occupied if someone actually lives there on the date the exemption is claimed. A unit that is temporarily vacant can still count if its primary occupant has lived there recently and intends to return on a periodic basis. The rule sets the look-back period, and the provision can apply to residents who live there part of the year. Units occupied by younger employees who perform substantial management or maintenance duties for the property are also permitted.

The rule also says each property may decide the age restriction, if any, for units that do not have a resident 55 or older. Some properties allow younger households in those units. Others set stricter rules. The law sets the floor, and the property's written policies tell you where a given building sits.

2. Published policies that show intent

The property must publish and follow policies and procedures that show it intends to operate as housing for people 55 or older. HUD lists the evidence it considers, including how the property is described to prospective residents, its advertising, lease provisions, written rules, the consistent application of its procedures, its actual practices and public posting in common areas. The rule says that phrases such as "adult living" or "adult community" in advertising are not consistent with an intent to operate as 55+ housing.

3. Age verification

The property must verify occupancy through reliable surveys and affidavits. HUD's rule requires those surveys to be updated on a regular schedule, which the rule spells out. Acceptable proof of age includes a driver's license, birth certificate, passport, immigration card or military identification. Other official documents with a birth date of comparable reliability also qualify. A signed certification from an adult member of the household that at least one occupant is 55 or older is also accepted. Expect to provide one of these with an application.

One part of the rule is useful to renters: a summary of the occupancy surveys must be available for inspection on reasonable notice and request by any person. You can ask to see it, and you can ask when it was last updated.

Further reading: 24 CFR 100.304; 24 CFR 100.305, occupancy requirements; 24 CFR 100.306, intent; 24 CFR 100.307, verification of occupancy (federal rule text, via Cornell LII).

Florida's version: section 760.29 of the Florida Fair Housing Act

Florida's Fair Housing Act follows the federal model. Section 760.29(4), Florida Statutes, exempts housing for older persons from the familial status provisions and uses the same three paths: a state or federal program the Florida Commission on Human Relations determines is specifically designed and operated to assist elderly persons, housing intended for and solely occupied by persons 62 or older and housing intended and operated for persons 55 or older that meets three requirements: at least 80 percent of the occupied units are occupied by at least one person 55 or older, the property publishes and follows policies showing that intent and it verifies occupancy through reliable surveys and affidavits under HUD's rules.

A Tampa property that fails the tests has no exemption under either law. The current text of section 760.29 that we read contains no registration requirement for 55+ housing, so do not treat a registration certificate, or the lack of one, as proof either way. The policies, the surveys and the lease are what to check.

Sources: s.760.29(4), F.S., housing for older persons and the 80 percent test.

How to check a property's age rules before you sign

A tour shows you the units, not the rules. Ask for these in writing and compare properties against the same list.

• Is the property operating as housing for older persons, and under which test? 55+ and 62+ work differently. A clear answer is a good sign.
• The written age policy. Ask for the policy document itself, not a brochure. It should say how the property applies the 55+ rule to new residents.
• The occupancy survey summary. Federal rules make it available for inspection on request. Ask when the survey was last updated.
• Rules for units without a resident 55 or older. Ask whether any are allowed, and on what terms.
• What happens if the qualifying resident dies or moves out. Ask what the policy says for a younger household member left on the lease.
• Guest and visitor rules. Ask how long a guest may stay and whether there are age limits on overnight guests.
• Caregiver rules. Ask how a younger live-in caregiver is handled and what paperwork is required.
• The full fee schedule. Application fee, deposit, any amenity or pet fees and any charges for parking or storage.
• How renewals work. Ask how much notice the property gives before a renewal and how renewal rent has been set.
• Who owns and manages it. Ask for the owner and the management company, and how long they have run the property.

Visit more than once and at different times of day. Talk with residents who do not work for the property. If you are also weighing an owned home in an age-restricted community, our 55+ communities guide covers the Tampa area's communities and the questions to ask an association.

Younger residents, guests and caregivers

This is where most surprises come from, because the federal test is a floor rather than a full rulebook. The law requires only that at least 80 percent of occupied units have at least one resident 55 or older. Everything else about who else may live in a unit, how long guests may stay and how younger household members are treated comes from the property's own policies and the lease.

One federal detail is useful if you expect to need a live-in aide: units occupied by younger people who are needed to provide a reasonable accommodation to residents with disabilities are permitted. Beyond that, if your household includes anyone under 55, read the age policy and the lease clause on occupants before you apply, and ask the property to confirm in writing how it would treat your situation. A Florida attorney can tell you how the law applies to your facts.

Reading a lease for 55+ apartments in Tampa

The age rules sit on top of an ordinary Florida rental. Part II of Chapter 83 of the Florida Statutes governs residential tenancies. A few parts of it matter most when you compare leases.

Security deposits

Florida law sets deadlines for returning deposits. Under section 83.49, a landlord who does not intend to make a claim on the deposit must return it within 15 days after the rental agreement ends. A landlord who intends to make a claim must send written notice of the claim and the reason for it within 30 days after the rental agreement ends, and a landlord who misses that window gives up the right to impose the claim on the deposit. The tenant then has 15 days after receiving the notice to object in writing. The window to object is short, so watch your mail after you move out and keep a forwarding address on file with the landlord. Keep move-in photos and a written condition report.

Notice to end a tenancy

Florida law also sets notice periods for ending a tenancy. Section 83.57 covers a tenancy without a specific term and requires not less than 30 days' notice before the end of any monthly period for a month-to-month tenancy and not less than 60 days' notice before the end of any annual period for a year-to-year tenancy. Section 83.575 covers a lease with a specific term and says the lease may not require less than 30 days' notice or more than 60 days' notice from either the tenant or the landlord. Read both sections and ask the landlord to state the notice period in writing. Read the notice clause closely, because a tenant who fails to give the required notice may owe liquidated damages the lease specifies.

Rent increases

Florida does not cap rent. Section 125.0103 says a city, county or other local government may not adopt or maintain any measure that would have the effect of imposing controls on rents, with an exception for land-use tools such as inclusionary housing ordinances meant to add affordable housing. The rent in your lease holds for its term. At renewal the property can propose a new figure, and you can accept it or move. Plan for increases, and ask how renewal rent has been set in recent years.

Further reading: s.83.49, F.S.; s.83.57, F.S.; s.83.575, F.S.; s.125.0103, F.S..

Renting 55+ apartments in Tampa after selling your home

Renting after a sale changes your property tax picture. The Hillsborough County Property Appraiser lists the homestead requirements: the owner must have legal or beneficial title by January 1 of the year of the application and must reside on the property as of January 1, and the statutory filing deadline is March 1. A renter holds no title, so there is no homestead exemption to claim on an apartment, and no Save Our Homes cap builds while you rent.

That matters if you might buy again. Florida lets a homeowner carry part of a Save Our Homes benefit to a new homestead, but only within a time window after leaving the old one. Our guide to Florida homestead portability explains the window and the forms, and the portability calculator shows what your benefit could carry. If you rent past the window, the benefit is gone.

The wider trade-offs are in rent or buy after downsizing. For the sale itself, see estimating your net proceeds and capital gains on a home sale in Florida. Our where to downsize guide describes the Tampa area's neighborhoods and their housing.

Source: Hillsborough County Property Appraiser, Homestead and other exemptions.

Where to ask about age rules and where to report a problem

HUD says reports can be submitted online, by telephone, by email or by mail, and its phone line for an FHEO intake specialist is 1-800-669-9777. Have the property's name and address, a short description of what happened and the dates ready.

Further reading: HUD, Report Housing Discrimination; HUD, FHEO intake and investigation process.

Selling the home first

Many people rent a 55+ apartment after selling a larger home, and the order of steps matters. The Downsizing Guide walks through it. If you want an introduction to an agent on the operating team at eXp Realty to talk about selling, you can get matched.