Law & Legal & Attorney Real estate & property Law

Landlord Rights & Duties in Florida

    Evictions

    • Eviction notices are not court documents. They are a private communication between the landlord and his renter that financial obligations have not been met. It is a formal demand that the tenant vacate the premises if all outstanding rent is not paid within three days. In the event that the tenant refuses to either pay back rent or vacate the premises, the landlord must file a motion in the county court. The tenant has five days after being served to respond to a summons issued by the court or he is automatically evicted from the dwelling.

    Lease Requirements

    • All leases are required to have a bare minimum of basic information. The necessary information in the terms of a lease includes the names of the tenant and the landlord, a start date, the amount of rent per month, a description of the property, the duration of the lease and a granting clause reading something along the lines of "hereby agrees to lease to." Leases are not covered by a three-day cancellation period and cannot be rescinded for any reason once signed. Florida law does not require leases to be notarized or witnessed.

    Special Considerations

    • Evictions do not always have to follow the classic pattern. Tenants who exhibit behavior that impugns the rights or privacy of other tenants may be required to vacate a building with short notice. In the case of destructive behavior or profound nuisance behavior, a landlord does not have to give the tenant the opportunity to rectify their behavior. However, it is worth noting that legal channels (such as going to court to obtain an eviction notice) still have to be pursued. Only judges can order evictions and only sheriffs can physically throw tenants out. Landlords may not attempt to force tenants out by shutting off utilities, removing parts of a dwelling, changing locks or removing a tenant's possessions from a dwelling without a court order.

    At-Will Tenancy

    • At-will tenancy exists when there is not a lease in place. The term of an at-will tenancy is the period for which rent is paid. Either the landlord or the tenant may terminate the rental agreement by giving legally necessary notice. Yearly tenancies require three-months notice, quarterly tenancies require 45-days notice, monthly tenancies require 15-days notice and weekly tenancies require a week's notice.

    Security Deposits

    • Florida state law gives landlords the right to collect deposits and advance rent. Landlords may make deposits non-refundable but this must be clearly stated in the lease. When a tenant moves out, refundable deposits should be refunded. This may include interest if the deposit has been kept in an interest-bearing account. Landlords in Florida must return deposits within 15 days of the end of a lease or give written notice to the former tenant that they intend to keep the deposit within 30 days.

    Physical Conditions

    • Florida landlords have certain duties to keep apartments in good repair. These include complying with housing, building and health codes. In the absence of such codes landlords must maintain the windows, plumbing, screens, roof, steps, foundations and all structural components of the building. Landlords must also provide locks, keys, heat, smoke detectors and garbage removal.

    Entry

    • Florida law treats renters largely as owners in terms of privacy. Landlords can enter their property at reasonable times with advance notice to make inspections or repairs. They may also enter during emergencies or when a tenant gives consent.

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