“Ultimately property rights and personal rights are the same thing…” –Calvin Coolidge
One of the most important reasons to obtain a real estate law attorney, whether you are a landlord or tenant, is for homeowners, buyers and/or sellers to become more familiar with Florida’s specific real estate and property laws. Becoming a homeowner is a large part of the American dream and people from all around the world are interested in making property investments in the US, and in Florida more specifically.
It is imperative to understand current property rights, be protected and supported throughout the buying, selling, and renting process. Having a Real Estate Attorney on your side, such as Kadoch Law Group can help support your journey by preparing you step by step and simplifying the buying and/or selling experience overall.
Here are some property rights in Florida to become more aware of before buying, selling and/or renting property:
Property Rights Regarding Tenant-Landlord Relationships
There are rules regarding tenant-landlord relationships that can affect certain property rights. It is important for landlords to understand the rights they have regarding their property. For example, a Florida based landlord is entitled to 15-30 days to return security deposits to their tenant, however that depends on whether or not their tenant disagrees on the deductions.
Landlords also have a right to view and/or inspect properties that they own and rent to tenants. This is based on the “Right of Reasonable Access” and is a way for landlords to complete any repairs needed, gain entry during an emergency, enter the property site to inspect and complete any necessary work that is required. However, the tenant is protected in a way as well, as landlords must provide notice before the visits are carried out. In some areas, it must be at least 24 hours in advance.
Statutes of Limitations Property Laws in Florida
Every state has a certain time limit for filing complaints regarding civil lawsuits, fraud and damage to personal property, trespassing, professional malpractice and more. In Florida, this law is to create a type of fairness when filing lawsuits that concern properties. In addition to this, The Fifth Amendment was created to protect private property rights by not depriving an individual of property without a fair procedure or “due process of law.”
Laws are continuing to change in Florida and across the USA. It is urgent for you to know and understand your property rights, stay protected and do not settle for less when you can get an experienced attorney on your team! No matter what role you play in the South Florida economy, you are impacting the housing market, either demographically or directly.
If you are looking to buy a house, are having problems with your tenant, or are simply trying to find someone to navigate your contracts and simplify the buying and selling phase for you, give us a call and we will provide the best possible service to you as we do with all of our clients!