Florida Rental Law Compliance
If one is not involved in buying investment property in FL, it is important to understand how to interact with a landlord or a tenant. The rights and duties of tenants and landlords provide the guidelines that determine how landlord-tenant interactions should be done. Here are a few duties and responsibilities of both landlords and tenants in Florida that could help you have a better understanding of real estate asset protection in Florida.
Do rental agreements have to be in writing?
If a house, apartment, condominium or mobile home is rented to another person, you enter into a legal contract known as a rental agreement. This agreement is typically in writing and it stipulates the basic conditions guiding the rental as backed by the law.
Under Florida property and real estate laws, when a person pays rent to live in a house, apartment, condominium or mobile home, they become a tenant governed by Florida law. The pattern of payment, the property and the landlord are irrelevant, the renter is still subject to the laws of the state of Florida.
Tenants in Florida have certain rights and responsibilities under Florida law. Where there is no written lease, these laws regulate the tenant’s rights although a written lease could affect a tenant’s rights. If there is a written lease, it should be carefully reviewed. However, the Florida Residential Landlord Tenant Act prevails over the terms of leases.
Duties/Rights of landlords in Florida
A tenant has the right of private, peaceful possession of a dwelling once rented. The landlord may enter the dwelling to inspect the premises or to make necessary or agreed upon repairs. However, such an entry is subject to convenient and reasonable notice that is issued by the landlord to the tenant. This might change in the event of an emergency.
The landlord must only rent a habitable dwelling that has working plumbing, hot water and heating, is structurally sound and has reasonable security. The landlord is also expected to also must comply with local health, building and safety codes and any repairs to make the dwelling fit to live in, must be handled by the landlord.
If the landlord contends that the tenant has violated their rental agreement, the landlord must inform the tenant in writing of the specific problem and give the tenant time to correct thae problem before the landlord can go to court to have the tenant removed. Tenants receiving a nonpayment-of-rent notice should note that a landlord may accept part of the rent owed and still evict the tenant. Tenants renting condominiums need also be aware that in certain circumstances, the condominium association may demand direct payment to them instead of to the landlord.
To have a better grasp of this aspect of the property management laws in Florida, a tenant must consult an attorney in such a situation.
Ultimately, the landlord and the tenant must observe state and local laws concerning the use and condition of the property in their care. If you’re struggling with any aspect of Florida Rental Law or you feel your landlord/tenant is violating your right, do not hesitate to get in touch with Keith Brady Law. Book a free consultation today, and we’ll be glad to provide answers to your questions.
Florida Rental Law Compliance
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