There are so many laws out there these days that it is sometimes even hard to keep up. Florida Landlord Tenant laws are very important if you are a renter in Florida. If you are unfamiliar with the landlord tenant laws in the state of Florida and you do rent a home then you could end up being taken advantage of. As a renter in Florida it is definitely a smart idea to gain an understanding of your rights as a tenant and of the rights of your landlord.
Renting does not have to be a big headache. Understanding your place in the landlord tenant law of Florida will help you to alleviate some of the stress that comes with renting a new home or deciding to renew a lease at your current residence. Most of all, a thorough understanding of Florida landlord tenant laws will help to prevent the possibility of a landlord taking advantage of you due to your own lack of knowledge.
For the purpose of this article the law that is stated is referenced to a single dwelling home that is not an apartment or townhome or a duplex. Just a regular single family home is the reference source for ease in describing your rights and the laws of Florida. There are some additional requirements and laws that are specific to apartments but this article focuses on the rights of tenants who rent a single family home such as a house.
1. Agreements In the State of Florida: First, it is important to understand that you do not have to sign a lease to legally rent a home in the state of Florida. However, it is equally important to understand that without a signed document such as a lease that states the requirements of both you and your landlord you are left will little to go on if there is ever an issue that requires court proceedings.
Although you may choose to make an oral agreement regarding the rental of a specific property, such an agreement is difficult to prove in the event of a misunderstanding. Keep in mind that there are often misunderstandings in life and that having a signed lease will help to prevent some of these misunderstandings from ending in long drawn out court proceedings.
2. Rent Requirements: The landlord has the right to charge whatever amount of rent he so chooses when the rental term begins. It is up to you to make sure that this agreement is placed in writing to continue for a stated amount of time without increase. Again this is why it is important that you as a tenant sign a lease agreement that specifies the terms of the agreement.
3. Access to the Property: Although you rent the property and have rights to privacy, the landlord does still have the right to access the property within reason. He must give you proper notice if he wishes to enter the property for inspection or to make repairs. However, the landlord may at any time enter the premises if you have unreasonably withheld consent for him to enter said property, there is an emergency relating to the property, or you have been absent from the property for a period equal to one half of the rental payment period without notice to the landlord of said absence.
4. Eviction: If you fail to pay rent on time, the landlord does have certain rights to collect the money including but not limited to the process of evicting you from the property. A landlord may not just come change the locks on the property the day you fail to pay your rent though. He must give you written notice of the amount that you owe and allow you 3 full days to make payment before he can take further steps to evicting you from the property.
Evictions are costly to both the landlord and the tenant. Whenever possible it is a good idea to attempt to work things out with your landlord to prevent an eviction. Most landlords are willing to take additional steps and compromise when it comes to a late payment in order to prevent the costly and drawn out process of eviction.
5. If you Decide to Move Out: Most lease agreements have specific requirements that pertain to moving out of the property including notification of intent to move and proper cleaning procedure. It is important again to have a signed document that states the requirements that the landlord has for you so that there is no room for misunderstanding in the end.
If you had to pay a damage deposit when you moved into the property, then you will definitely want to make sure that the property is in very clean tip top shape when you move out so that you can get your deposit back. Ask the landlord to do a walk through on the house before you move out so that he can let you know if there are repairs that you must make in order to get your full deposit back.
Remember, the decision to enter into any agreement should not be taken lightly. A rental agreement in Florida is a serious decision to be made and entered into with the understanding that if followed correctly you will have a smooth ride…if followed incorrectly you may be in for a huge hassle.
