At Brown, Van Horn, we represent both Landlords and Tenants in a variety of different issues from the creation of the lease, to eviction, to the fate of the security deposit.
Lease/Rental Agreements
If a rental agreement is written, as opposed to oral, it is referred to as a lease. Whether oral or written the rental agreement is a contract between the landlord and the tenant. However, there are still other provisions not in the contract that both parties must adhere to. These provisions are imposed by Florida law and can be found in the Florida Statutes Chapter 83.
Are you the Landlord?
If you are creating a lease agreement, you want to make sure your lease is done properly and that all the provisions are binding upon both parties. A written lease is always preferred over an oral agreement. At Brown, Van Horn, we can aid you in putting together a lease, or even review one you have created on your own. While Florida law does protect you to an extent there may be other rights you want to reserve that can only be done in the rental agreement.
Are you the Tenant?
Many tenants, especially when dealing with a private landlord, may want to have their lease reviewed prior to committing themselves to the terms of the lease. While Florida law does also protect tenants, you still need to make sure your lease is conducive to your rental expectations, and having an attorney review your lease can assure those expectations are followed through.
Violation of the Lease and/or Florida Law
In addition to the lease terms, there are many other duties and responsibilities that both parties must adhere to.
Landlord Duties
The Landlord has specific duties that he must complete, and cannot avoid. For example, the Landlord has the duty to follow health code and other regulations to maintain a safe and habitable environment for the tenant. The Landlord must also maintain repairs to the premises.
Failure to maintain the premises under either the lease agreement or Florida law, can potentially allow the tenant to avoid paying rent. However, as a tenant before you decided to default on your rent, you should seek the advice of counsel, because this could lead to you being evicted should the court decide your reason for non-payment was not excusable. You also want to avoid any potential late fees.
Should you feel your landlord has in anyway violated the lease agreement, or Florida Landlord/Tenant Law, you should seek legal counsel to be sure you are receiving all your rights you have as a tenant.
Tenant Responsibilities
Tenants have many responsibilities, that failure to comply with could lead to loss of security deposit, eviction and even a monetary judgment from a court placed upon them.
Some of these responsibilities include maintaining the premises as they were when the Landlord delivered it to the tenant. This is minus normal wear and tear. So long as proper notice is given the Landlord has the right to inspect the premises to assure it is still in good condition. The tenant must also not commit any illegal acts on the premises, and of course timely make rent payments.
Tenants also have the duty to notify the Landlord of their intention to leave the premises. Depending on the length of the contract will depend on the timely amount of notice needed to be given to the Landlord. Should the Landlord require rent be paid for a period of time which you are not living there, make sure the amount requested is as permitted by law. There is a cap as to how much can be required, and there are certain conditions in which the Landlord cannot require additional rent be paid after you vacate the premises.
Should you believe your Landlord has not complied with the lease agreement or any Florida Landlord/Tenant Law you should seek legal counsel. Landlords are not permitted to physically remove the tenant’s items from the premises, nor are they permitted to change the locks.
Evictions
Are you the Landlord?
In commencing an eviction you may want to seek legal counsel, as something very simple, such as, not following proper procedure can cause great delay in the actual eviction.
Once the tenant has failed to pay their rent, the general procedures in evicting a tenant begins with a 3 day notice. This notice must strictly comply with Florida Law, containing all the necessary information and must be served properly. Should you choose to create one on your own, or download one, be sure that it is Florida specific and does comply with Chapter 83 of the Florida Statutes.
If the tenant fails to respond to the 3 day notice, a Summons and Complaint must then be completed and served upon the tenant by the Sheriff. Depending on whether the tenant responds at this point will determine whether or not a hearing will occur. Should the tenant also ignore the Summons and Complaint, the eviction may proceed and the Sheriff will give the tenant 24 hours to vacate the premises entirely. Should the tenant respond to the Summons and Complaint, a Judge will hear both sides, and determine whether an eviction may continue or not.
This is of course very general, and every dispute is different. Should your Landlord/Tenant relationship get to this point, you should seek legal counsel to assure proper procedures are followed.
Are you the Tenant?
As soon as you are late on your rent, the Landlord can serve you with a 3 day notice, during which time you can cure your default. If you have not defaulted, or you did so because the Landlord has not performed all the necessary duties you may want to seek legal counsel to avoid an eviction. If you fail to respond to the 3 day, you will be given one more chance to have your voice heard. Your Landlord will then have a Sheriff serve you with a Summons and a Complaint. This is a lawsuit. Should you not reply an eviction will occur, and you will only be given 24 hours to vacate the premises once the eviction is final. Should you reply, you will have your day in Court.
If you have a defense as to why you were not paying your rent, and the Judge finds it valid and legal, the eviction will not occur. However, once the Landlord has remedied the issue, you will again need to pay your rent.
Should you ever choose not to pay your rent based on the Landlord’s lack of compliance with all duties, you should consult an attorney prior to. Most of the time, even when the Landlord is not following through with all the duties, the tenant is still required to pay rent. This may allow the tenant to collect damages from the Landlord at a later time. Risking an eviction or additional fess by not paying your rent, may not be the best plan in the long run.
Security Deposit Disputes
Are you the Landlord?
If the tenant leaves the premises in disrepair beyond that which would be considered normal wear and tear, you may be entitled to a portion, all of, or in excess of the security deposit. Should you be entitled to a greater amount than that which is in the security deposit, then you may need to seek legal counsel in commencing action against your former tenant.
Either way, whether you return or retain any of the security deposit there are very strict time lines that must be adhered to. These time lines approach as quickly as 15 days after the lease ends. Make sure you follow and meet these time lines to prevent potential future issues.
Are you the Tenant?
Tenants are quite often informed that their Landlord intends on keeping a portion, or all of their security deposit. In this situation the tenant should make sure the Landlord has properly complied with the time restraints in doing this. Additionally, if the Landlord insists there was damage when there was only wear and tear, or the Landlord simply fails to do anything, you may want to seek legal counsel to potentially commence action against your former Landlord.
Should you be served with a Complaint from your former Landlord you will want to seek legal counsel immediately, as you will only have twenty days to respond, and there will most likely have already been a hearing scheduled on the matter.
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