Landlord Station knows that as a Florida landlord, you are probably aware that both you and your tenant have rights and responsibilities under Florida landlord tenant law. However, do you know what those rights and responsibilities are? What’s more, do you know your Florida tenants rights and responsibilities? As a landlord in this state, it is very important not only for you to understand your own rights and responsibilities under Florida landlord tenant law, but also those of your tenant. The following general overview of these laws is intended for informational use only and is not legal advice. For legal advice specific to your situation, contact an experienced attorney.
When it comes to landlord tenant law, Florida governs all the rights and responsibilities of both landlord and tenant in one place: Fla. Stat. §§ 83.40 – 83.682. These laws are also known as the Florida Residential Landlord and Tenant Act. This act establishes, among other things, the definition of a rental agreement (oral or written), the tenant being an equal party to the landlord, the rights and responsibilities of each party, and what action can be taken when a party neglects to fulfill his or her responsibilities.
Generally, Florida landlord tenant law gives the landlord the responsibility of keeping the rental premises habitable. It also requires that any deposit money must either be used or returned. These laws are intended to set up a practical business relationship, so your rights relate directly to your responsibilities and those of your tenant. Under landlord-tenant law, the landlord has rights including the right to written notices, the right to a damage deposit, the right to reasonable access to the rental premises, and the right to accurate and timely rent payments.Florida tenants rights and responsibilities under the Florida Residential Landlord and Tenant Act is, in most cases, the other side of the coin of landlord rights and responsibilities. Renters responsibilities and renters rights in Florida include the following:
• The right to written correspondence and notices from the landlord
• The right to a returned security deposit within 15 days of lease termination or premises vacation
• The right to written notice of how much of his or her security deposit will be not be returned and for what reasons
• The right to habitable premises
• The right to reasonable notice of a landlord’s intended entry into the rental unit or premises
• The right to withhold rent when the landlord fails to perform his or her duties in the law or rental agreement
• The responsibility for complying with any and all building, health, and housing codes
• The responsibility for keeping the rental unit clean and sanitary
• The responsibility for properly and safely disposing of garbage
• The responsibility for keeping all plumbing fixtures clean and in good condition
• The responsibility to protect the premises or any part of it from being defaced, destroyed, damaged, impaired, or removed by him or herself, or by his or her guests
• The responsibility to behave and require his or her guests to behave in a way that doesn’t disturb the neighbors’ reasonable right to peace
• The responsibility to properly and reasonably use all facilities and appliances, such as electrical, sanitary, plumbing, heating, cooling, and ventilation
If either the landlord, or your tenant, fails to perform any specific responsibilities under the rental agreement or Florida landlord-tenant law, each has a right to certain remedies. The most commonly known landlord remedy is eviction though do know that eviction is a strictly governed process with many steps. A tenant’s remedies include the ability to withhold rent and terminate the rental agreement, both under specific circumstances. Both parties may seek civil justice in several situations.
Now that you have read a general overview of Florida landlord tenant law, you can see why you should know your rights and responsibilities as landlord, as well as your tenants’ rights and responsibilities. This will help you become a proactive landlord, and it allows you to know your options for avoiding tense conflict and expensive legal remedies. Landlord Station believes that in the long run, this could save you time, money, and stress. However, remember that this is merely a general overview and should not be misconstrued as legal advice. For legal advice regarding you and your tenants’ rights and responsibilities under the Florida Residential Landlord and Tenant Act, please consult an experienced lawyer.
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