Whether you are a landlord or a tenant, it is your responsibility to be able to face legal issues without them going to court. Some landlord-tenant disputes will leave you with no other option. Both parties need to know the basics when it comes to renting out a place, how to collect or pay security deposits, how fair housing laws work, etc.
When a person pays to live in a house, apartment, or mobile home, the renter then becomes a tenant governed by Florida law. It does not matter whether payment is done weekly, monthly, or at other regular periods. It also does not make a difference whether the apartment, house, or mobile home is rented from a private individual, a corporation, or most governmental entities.
A tenant has particular basic rights protected by Florida law, which the landlord has to follow. A tenant is entitled to the right of private, peaceful possession of the residence. Once rented, the property is the tenant’s to lawfully utilize. The landlord only has permission to enter the home if it is to inspect the premises or to make essential or agreed-upon repairs, but only if he or she initially grants the tenant reasonable notice and comes at a time that is convenient. If there is the case of an emergency, the requirement for notice can end up being shortened or waived.
A tenant also carries responsibilities, which if not followed can potentially lead to eviction. The tenant has to pay the agreed-upon rent and do so on time. The tenant is required to respect the building, housing, and health codes, and abide by the rules and regulations of a Homeowner’s or Condominium association. The tenant has to maintain the property without causing any damage, keep the residence clean, and maintain the plumbing. The tenant should not violate the law or disturb the peace, nor allow guests to do so.
Has your landlord ever threatened to get you evicted? Does he/she refuse to make the necessary repairs in order to keep your home safe to reside in? Before not paying your rent, do not forget about your rights and responsibilities. A lease can terminate in two ways: naturally when the lease runs its course or when the tenant or landlord breaks the lease agreement in material noncompliance, such as the tenant not paying rent or the landlord failing to repair property damage from a natural disaster. The landlord has the power to evict a tenant if they neglect to timely pay rent, and the landlord has provided a 3 day notice making the tenant aware of their potential eviction for nonpayment. If a tenant breaks the lease agreement in any other way besides not paying rent, the tenant is allowed seven days from the landlord’s notice to resolve the situation before they can get evicted.
If you find you are in need of legal guidance or advice, consider hiring a landlord-tenant lawyer to represent your interests with our team at Kadoch Law Group! One of our qualified landlord tenant lawyers can address your particular legal needs, explain the laws, and represent you in court. Take the first step now and contact a local landlord tenant attorney to talk about your specific legal situation.