Experienced Landlord Tenant Lawyers
The landlord tenant law in Florida is constantly evolving. Our landlord tenant lawyers at our firm keep up with the current legislation to understand the current landlord tenant law for our clients. Over the past 30 years, we have represented landlords, tenants, and real estate management companies to help ensure they are compliant with the current law in Florida.
- Landlord Address is required so the tenant knows where they are able to send a demand, notices, or other documents to. [ 83.50]
- Security Deposit disclosure is required within 30 days of what the landlord intends to do with the security deposit. In some situations, the landlord is required to disclose the name of the interest bearing bank account where the security deposit will be held. [ 83.49]
- Radon Warning must be included within the lease to warn the tenants about the possibility and health risks associated with radon gas. [ 404.056)
- Fire Protection should be disclosed in the lease about the availability or lack of availability of fire protection measures
Does Florida Limit how much a Security Deposit can be?
Currently, there is no limit on how much a security deposit can be. However, there are other rules regarding security deposits. For instance, a landlord is required to return the security 15 to 60 days after the tenant vacates the premise. Additionally, as stated above, the landlord must disclose how the security deposit will be held within 30 days of receipt of the funds.
Right to Withhold Rent
Withholding rent becomes an issue when the lease is silent as to what action is needed to be taken when the rental unit has not been repaired or maintained by the landlord. In order for a tenant to withhold rent from a landlord, the tenant must send notice to the landlord and allow 20 days for the landlord to fix the situation.
If the landlord continues to fail to cure the situation, the tenant can take a number of actions: extend the written agreement of time, move out, withhold future rent, or terminate the lease. Before taking one off these actions, be sure to consult with an experienced real estate attorney.
Termination and Eviction
A landlord is able can terminate the lease early, and evict the tenant for a number of reasons. An eviction is a legal process whereby the landlord legally removes the tenant for a justified reason. This reason can include failure to pay rent, committing an illegal act, violating the lease agreement, etc.
- Failure to Pay Rent: when a tenant fails to pay rent, a landlord must provide notice to the tenant that they have three days to pay rent or move out of the rental unit. If the tenant fails to do so, then upon the end of the three days, the landlord can start an eviction law suit.
- Violation of the Lease: when the tenant violates the lease, a landlord is required to give the tenant a seven-day notice to be compliant with the lease agreement. If the tenant fails to adhere to the lease agreement after seven days, the landlord then can file an eviction lawsuit.
- Unconditional Quit Notice can be given to the tenant when the tenant either intentionally destroys the rental property or has committed other lease violations within the past twelve months. This notice requires seven days to vacate the premise.
Seek advice from a knowledgable Real Estate Attorney
If you have a real estate legal issue, make sure to consult with an experienced landlord tenant lawyer. Our firm has been handling landlord tenant disputes, evictions, and lease agreement matters for the past 30 days. Call (772) 589-5500 for an appointment.