The Rights & Responsibilities Of A Florida Landlord
Both landlords and tenants have specifically defined rights under Florida law, and both have responsibilities they must take seriously. A landlord, in particular, has both a fair amount of leeway and a heavy burden of responsibility in dealing with their tenant(s). That said, first-time landlords may not fully understand what they must do, and what they cannot do, which can lead to problems. Understanding both rights and responsibilities is pivotal.
Landlord Rights In Florida
Perhaps the most obvious right that a landlord has under the law is the right to collect rent, as long as the method and frequency is in compliance with the lease and with state laws. While a lease does not have to be in written form, it is recommended that you do so, to have a hard and fast record of what each party’s obligations are. If there is a lease, it must contain specific information: namely, the length of the lease term, the amount of the rent, and the frequency with which it is due.
Another important right is the right to evict a tenant who does not hold to their side of the proverbial bargain. Florida has specific regulations that a landlord must follow in order to legally evict a tenant, such as providing appropriate notice and granting the tenant time in which to remedy any defect – for example, to pay back rent that is owed or to cure any breach of the lease agreement. However, if the tenant does not satisfy the landlord, the landlord has the right to take steps to evict them – and to change the locks to keep them out.
Landlord Responsibilities In Florida
In exchange for those rights enjoyed by a landlord, they also must uphold several responsibilities, all of which contribute to the property’s habitability for the tenant. Essentially, a landlord must ensure that the property is both safe and livable for the average person – and this requirement cannot be waived, unlike many other obligations on the part of the landlord. This does not necessarily mean that a property must be spotlessly clean or luxurious – peeling paint or cracked windows may happen – but it must be safe and free of anything unhealthy.
This can sometimes be a shock to a tenant – for example, the law does not require a Florida landlord to fix a plumbing clog if it does not keep the plumbing from being in ‘reasonable’ working conditions. However, it is still the responsibility of the landlord to speak up if the law does in fact require their intervention – for example, if the property has an infestation that was not caused by the renter, it is the responsibility of the landlord to fix. Failure to do so may result in the tenant taking action against their landlord – and they may prevail in court.
Contact A Tampa Landlord-Tenant Attorney
If you are a new residential landlord or tenant in Florida, it may be overwhelming to learn about all you must do and all you cannot do. If you have questions or concerns about your new lease, contacting a Tampa landlord-tenant attorney from the Seward Law Office can help to get them managed. Call us today to schedule a consultation.
Source:
floridabar.org/public/consumer/tip014/
