Landlord and Tenants
Oral
and written leases
A lease is an agreement to rent property. It may be written
or oral. Most are written, however, because oral agreements can
be subject to misunderstandings. A written lease can be in the
form of a formal contract or simply a copy of a letter that states
the rights an obligations of both tenant and landlord. Florida
law requires that most notices to and from a landlord must be
in writing, even if the rental agreement is oral. In cases where
there is no written lease, the term of your rental payment schedule
(monthly, weekly, etc.) determines the length of the agreement.
Access to the Premises
Once you lease a dwelling, your right to possession is much
the same as if you owned it. The landlord can, however, enter
at reasonable times and with proper notice in order to inspect,
repair, supply agreed services, or show the property to prospective
or actual purchasers, tenants, mortgagees, workers or contractors.
Landlord's Obligation to Maintain Premises
If the unit is a single-family home, duplex, or mobile home,
unless otherwise agreed upon in writing, the landlord must:
- Comply with building, housing and health codes.
- Where there are no applicable building, housing or health codes,
maintain the roof, floors, windows, screens, and all other structural
components in goo repair; and maintain the plumbing in reasonable
working condition.
If the unit is other than a single-family house or duplex, unless
otherwise agreed upon in writing, the landlord must:
- Provide for extermination of rats, mice, roaches, ands and
wood-destroying organisms;
- Provide running water and hot water;
- Remove garbage from the premises;
- Provide a smoke detection device;
- Provide locks and keys;
- Provide a working heating system; and
- Provide for the clean and safe condition of common areas.
Tenant's Obligation to Maintain Premises
The tenant has an obligation to:
- Comply with housing and health codes;
- Keep the dwelling clean;
- Remove garbage from his/her dwelling unit;
- Keep plumbing repaired;
- Refrain from destroying, damaging or defacing the premises;
- Occupy the dwelling without disturbing the peace; and
- Refrain from abusing the electrical, plumbing, heating, air
conditioning, or other systems furnished by the landlord.
If the Landlord
Does Not Comply
You may be able to withhold the rent if your landlord fails
to do what the law or the lease requires. You must, however,
announce your intention by certified mail at least seven days
before the rent is due to allow time to remedy the problem. If
the problem is not corrected within the seven days and you withhold
the rent, the landlord may take you to court to collect it. Under
these circumstances, you must pay the rent into the court registry
pending the judge's determination of the case.
If the Tenant Does Not Comply
You can be evicted for not living up to your end of the lease.
Depending on the offense, the process for removal varies.
-
Failure to Meet
Lease Obligations
Except for the failure to pay rent, a landlord must notify you,
in writing, of the shortcomings and give you seven days to correct
the situation. If you do not reply within seven days, the landlord
can begin the eviction process.
Non-payment of Rent
The landlord must serve the tenant with a written notice allowing
three days (excluding weekends and legal holidays) for you to pay
the rent or vacate the premises. If you do not pay within the three
days, the landlord may begin the eviction process. The landlord
must file suit in the office of the Clerk of the Court in the county
where the dwelling is located. The tenant then has five days (excluding
weekends and legal holidays) to respond, in writing, to the court.
If there is no response from the tenant, a judgment is entered
against the tenant. The Clerk of the Court will issue a "Writ of
Possession" to be served by the Sheriff notifying the tenant that
the tenant will be evicted in 24 hours.
Prohibited Practices
Florida Law does not allow a landlord to force a tenant out by:
- Shutting of the utilities;
- Denying the tenant access to the premises by changing locks;
- Removing the tenant's personal property from the dwelling unless
it is a lawful eviction; or
- Removing outside doors, locks roof, walls or windows (except
for purposes of maintenance, repair or replacement).
If any of these occur, the tenant may sue for actual and consequential
damages or three months' rent, whichever is greater, plus court costs
and attorney's fees.
Termination of Tenancy
A tenancy without a specific duration may be terminated by either
party giving proper written notice (as required by section 83.56(4),
Florida Statutes) according to the following time frames:
- Yearly Not less than 60 days' notice
- Quarterly Not less than 30 days' notice
- Monthly Not less than 15 days' notice
- Weekly Not less than 7 days' notice
Practical Pointers
- If you have a written rental agreement, read it thoroughly
before sInging.
- If there are any changes to the written rental agreement, get
them in writing.
- Keep receipts and other records.
- Do a walk-through before entering or vacating the premises.
- Take pictures of any questionable conditions.
- If you have a problem, you must put it in writing and in the
proper form. See section 83.51, Florida Statutes.
- For further information, contact Consumer Services at 1-800-435-7352.
|
