PROPERTY LAW
LANDLORD TENANT
Under Florida law, both landlords and tenants have legal rights and responsibilities. Landlords must maintain the rental property in a safe manner and may not use retaliatory conduct such as preventing the tenant from gaining reasonable access to the dwelling by changing the locks or other similar actions. Landlords must also return the security deposit when the tenant has fulfilled the lease conditions. Tenants also have rights such as defending against an eviction based on the landlord’s material noncompliance with Ch. 83 Florida Statutes. Tenants must also pay rent on time unless a reduction is warranted due to noncompliance on the landlord’s part or other conditions.
It is in the best interest of both the Landlord and the Tenant to clearly define their respective duties on the lease or rental agreement in order to avoid disputes over matters such as giving proper termination notice. Not only do both sides have to comply with the rental agreement but also comply with local city and/or county ordinances as well as state laws. Our focus is to diligently try to resolve matters quickly and amicably, but we will take the case to court if need be. Whether you are the Landlord or the Tenant we are here to help no matter the situation. CALL to schedule a consultation and personally speak with me.
Common questions in landlord-tenant disputes.
When can a landlord evict a tenant?
A landlord can evict a tenant for many reasons, such as failing to pay rent, breaking the terms of the lease, or ending the lease.
Failing to Pay Rent: If for some reason you fail to pay rent, or your tenant is not paying you the rent on time, then there is a process that has to be followed. There must be notice before an eviction can occur, the notice must be written and it must allow for some time for the tenant to pay what is owed.
Breaking the lease:
The landlord is required to rent a dwelling that is fit to be lived in. It must have working plumbing, hot water, and heating, be structurally sound, and have reasonable security, including working and locking doors and windows, and it must be free of pests. The landlord also must comply with local health, building, and safety codes. If the landlord has to make repairs to make the dwelling fit to live in, the landlord must pay.
If the terms of the lease are broken, due to something specific the tenant did or the landlord failed to do, such as excessive noise, property damage, or failure to maintain the property habitable, then there must be a notice allowing for a fix of the problem. If the same thing happens again in a period of twelve months, then the second notice does not allow for a cure of the problem, and the landlord can then evict the tenant, the tenant may also leave the property if the landlord has not fixed the condition in the property.
Ending the lease
If there is no written Lease or a written Lease without an end date - If a landlord and tenant do not have a written lease, then the tenant can end the lease at any time. The same is true if a written lease does include a specific timeframe. The tenant can end, or “terminate,” the lease in these cases for any reason. The tenant can also do so without giving the landlord proper notice.
Month-to-Month Lease - If rent is paid monthly, the notice must be given at least 15 days before the rent is due. If rent is paid weekly, the notice must be given at least 7 days before the rent is due. Termination notices must be in writing.
Does a Notice of Lease Termination Mean You Have to Move Right Away? No. You can stay in your home until you are sued and the case has been decided by the judge. If you think you might lose in court you can move before a case is filed. Eviction cases are public records and can be available to future landlords. This may influence their decision to rent to you. Also, if you lose an eviction case the judge, you may have to pay even more. The judge can order you to pay your landlord's court costs, including attorney's fees
Can a Landlord lock tenant out?
No, it is illegal in Florida to lock the tenant out. It is also illegal to shut off the water, the electricity, the gas, or change the locks of the door. If this happens, then you need to call the police and a lawyer as soon as possible. In Florida, landlords that use these illegal practices may have to pay the tenant's rent for up to three months. This amount may be even greater if the landlord has cost you more than three months' rent. As a tenant, you will have to take the landlord to court to get this result, which is known as “damages.” The court, however, can order your landlord to pay your attorney's fees if you win.
Can a landlord force a tenant to leave?
Only if the landlord wins and gets a judgment for possession. The court will issue a final 24-hour notice. This notice, called a "writ of possession," is given to the sheriff. The sheriff then posts this notice on the tenant's rental home. The tenant then has 24 hours to move out. After 24 hours, the sheriff or landlord can forcibly evict the tenant and padlock the door. This can be done with or without the tenant's belongings inside. The landlord may impose a lien on the belongings up to the amount of rent due.