Most Improtant Florida Landlord Tenant Statutes and Laws
Legal Agreements and Rental Contracts
A landlord tenant relationship must be established with a legal agreement. In Florida, it is not mandatory to have a rental agreement or a lease agreement in place. Neither the landlord nor the tenant is mandated to have such a legal document prior to entering into a contract, which will be a verbal understanding. However, having an agreement in place will establish the foundation based on which the relationship would move forward. If there is no agreement then a tenant can be asked to pay more rent from a certain month or there can be charges levied on top of the rent by the landlord which the tenant cannot contest. Without an agreement in place, a landlord may not be able to ask for security deposits or more importantly may not be able to sue the tenant for damages to the property.
Duration of Tenancy
The laws do require the landlord and the tenant to provide notice periods in case there is an agreement in place. Else, there is no such notice required. If there is a verbal understanding then the tenant may vacate the property and move out one fine day and a landlord can equally ask a tenant to move out of the property.
Eviction laws in Florida are similar to other states. There has to be a substantiated reason for eviction. The landlord must be able to establish whether it is non-payment of rent or any misdemeanour by the tenant that is the cause of initiating eviction. If a tenant does vacate the property after receiving the eviction notice then the landlord should refund the security deposit minus the costs for damages if any. If a tenant rejects the eviction notice and doesn’t vacate the property then the landlord can pursue the matter in court and the dispute would be settled according to the evidences provided by both parties.
Access to Property Guidelines
In Florida, unless already agreed upon in writing, the landlord has access to the property within reasonable limits even when the tenant is staying. If the tenant is absent without notifying the landlord for a considerable period of time then the landlord has the right to regain full access and control of the rental property.
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