|
Did you know?...
Landlords and
Tenants (renters) each have certain rights and responsibilities as
provided for under the Landlord/Tenant Law in Chapter 83 of the
Florida Statutes.
Details of
property rental arrangements are agreed upon in a lease, which can
be either written or oral. Because oral leases can lead to
misunderstandings, rental agreements are usually in writing.
Written rental agreements can be a formal contract, or in the form
of a letter that details the rights and responsibilities of the
landlord and the tenant. Terms of oral leases are based on the oral
agreements made between landlord and tenant, or as specifically
addressed by the law. The length of an oral lease term is
determined by the schedule of the rental payments (weekly, monthly,
quarterly or annually). All notices between landlord and tenant
must be in writing, whether lease is oral or written.
Landlord and
tenants are equal parties to a lease and as such, both parties
must agree to its terms. Rental lease agreements, once signed
or executed, are binding and are not subject to a grace period for
canceling.
Lease
Termination—Notice to vacate:
A lease agreement with a specific duration may have
provisions, which specifies the amount of written notice the Tenant
may have to provide the Landlord prior to terminating the lease and
vacating the dwelling. In the event a lease agreement has no
specified duration, and it does not contain specific provisions for
the amount of written notice required, Florida Statutes provides a
schedule as follows: 7 days notice for weekly rental, 15 days notice
for monthly rental, 30 days notice for quarterly rental, and 60 days
notice for annual rental.
The Florida
Statutes outlines additional lease termination provisions applicable
to those in the Military Service.
Landlord may
require deposits, damage deposits and/or advanced rent payments.
Deposits submitted by the Tenant, who then decides not to occupy the
unit, may not be refundable. Deposits that are non-refundable must
be stated as such in the rental agreement.
Damage deposit:
If the Landlord does not intend to impose a claim on the damage
deposit, he must return it with any applicable interest to the
Tenant within 15 days of the lease termination. If the Landlord
intends to impose any claim upon it, he must notify Tenant in
writing explaining the reason(s) and the amount to be withheld by
certified mail to the Tenant’s last known address within 30 days of
the lease termination. Landlord’s failure to send notice within the
30-day period will result in the forfeiture of Landlord’s rights to
impose such claim unless Tenant fail to provide Landlord the
required proper notice prior to vacating the dwelling. If the
Tenant wishes to object to claims being imposed upon the damage
deposit, he may bring the matter to the appropriate court’s
jurisdiction.
RESPONSIBILITIES
The Landlord
is responsible for providing a properly maintained and healthy place
for the tenant to live in. His responsibilities will vary according
to the type of the rental unit. In a single family home or duplex,
the landlord (unless agreed upon and modified in writing) is
obligated to:
-
Comply with
applicable building, housing and health code requirements. If
none are applicable, the landlord must maintain in good repair,
all structural components of the rental unit including the roof,
floors, exterior walls, windows and screens.
-
Maintain the
plumbing in reasonably good working order.
In other types of
rental units, the landlord (unless otherwise agreed upon in writing)
is additionally obligated to:
-
Make
reasonable provisions for extermination.
-
Provide locks
and keys.
-
Provide for a
clean and safe condition of common areas.
-
Provide
garbage removable and outside garbage receptacles.
-
Provide
working facilities for heat, running water and hot water.
-
Provide a
functioning smoke detection device.
The Landlord is
not prohibited from adding a provision in the rental agreement that
obligates the tenant to pay for utilities, water, fuel or garbage
removal costs and charges.
The Tenant
is
obligated to:
-
Comply with all applicable building, housing and health
codes imposed upon tenants.
-
Maintain premises that the tenant occupies or uses, in a
clean and sanitary condition.
-
Dispose garbage from dwelling in a clean and sanitary
manner.
-
Keep all plumbing fixtures used by the tenant clean,
sanitary and in repair.
-
Operate and use all electrical, plumbing and other
facilities in a reasonable manner.
-
Not deface, damage or remove any property belonging to
the landlord, nor permit anyone to do so.
-
Conduct him/herself and those on the premises with
his/her consent, in a manner that will not disturb the
peace, or that of his/her neighbors.
|
FAILURE
TO FULFILL LEASE OBLIGATIONS
Certain remedies
are available in the event either party fails to meet requirements
of the lease or applicable provisions of the law.
Failure By
Landlord:
Should the Tenant withhold rental payment because of Landlord’s
non-performance of his responsibilities, the Tenant must notify the
Landlord of his intentions in writing by certified mail, at least
seven days before rental due date, in order to provide time for
corrective action by the Landlord. If after seven days, the
non-performance is not corrected and the Tenant withholds rental
payment, the Landlord may start civil process for collection.
Should this occur, Tenant must deposit the rental amount into the
Court Registry for Court resolution and fund disbursement.
Florida Law as
described in Chapter 83.67 F.S. also prohibits the Landlord from
forcing the Tenant out by:
-
Directly or
indirectly causing Tenant’s utility services to be
interrupted or shut off.
-
Denying Tenant’s access into dwelling by changing the
locks or using other entry-prohibitive devices.
-
Removing the dwelling’s outside doors, locks, roof,
walls or windows; unless it is for the purpose of
maintenance, repair or replacement.
-
Removing Tenant’s property from the rented dwelling
unless such action is taken after Tenant surrender,
abandonment or lawful eviction.
|
In the event the
Landlord violates any of these provisions, the Tenant may pursue
legal action against Landlord for actual or consequential damages or
three month’s rent, whichever is greater, plus court costs and
attorney’s fees.
Failure by
Tenant: Should the Tenant fail to meet obligations of the
lease or applicable law (except for non-payment of rent),
the Landlord must notify the Tenant in writing of the
non-performance, and give Tenant seven days for corrective action.
If after seven
days the non-performance remains uncorrected, the Landlord may begin
the Civil process for eviction.
For
non-payment of rent, the Landlord must serve the Tenant a
written notice allowing three days (weekends and holidays excluded)
for Tenant to pay the rent or vacate the dwelling. If after three
days the Tenant does not pay the rent or vacate, the Landlord may
file legal action with the County Court in order to take possession
of the dwelling.
After filing a
court case, should the Court find for the Landlord or should the
Court enter a judgment against the Tenant, a “Writ of Possession”
will be issued by the Clerk of Court for the Sheriff to notify the
Tenant that eviction will occur in 24 hours.
Tenant’s failure to meet certain obligations, such as
not considering the rights and privacy of others, may provide the
Landlord the right to terminate the tenancy with very little notice
to the Tenant. When Tenant causes unreasonable disturbances,
damage, misuse or destruction of Landlord’s property, the Landlord
may not have to give Tenant the opportunity for corrective actions,
and give the Tenant a seven day written notice to vacate the
dwelling.
However, the
Landlord may not evict a Tenant in retaliation for:
The Tenant has
equal possession rights to the dwelling he’s renting as if it was
his own. However, Tenant shall not unreasonably withhold consent to
allow Landlord entry into the dwelling. With proper notice, the
Landlord may enter the dwelling at reasonable times to inspect the
premises, make necessary or agreed repairs, decorations, alterations
or improvements, supply agreed services or to show unit to a
prospective or actual purchaser, tenant, mortgagee, workman or
contractor. The Landlord may enter the dwelling anytime for the
protection or preservation of the unit.
For a
Landlord/Tenant Booklet, contact the Charlotte County Court
Administration at 941-637-2281.
|
Charlotte County,
FL