Miami Landlord Attorney
We Provide Competent Legal Guidance and Representation for Landlords
As a landlord, you have certain responsibilities to your tenant. If you don’t take the time to learn about your legal rights and responsibilities, you may find that you have violated certain Florida laws and statutes. To avoid this, get to know what your rights as a landlord are.
Required Landlord Disclosures in the State of Florida
According to Florida law, landlords are required to disclose certain information to tenants. This information is typically outlined in the rental agreement or lease that is signed. This information includes anyone who is allowed to act on behalf of the landlord, as well as information that states where the tenant’s security deposit is being held.
Security Deposit Limits and Returns Requirements
There is no limit in Florida regarding how much a landlord is able to charge a tenant as a security deposit. However, there is a limit on when it has to be returned – within a month after the tenant moves out of the property. There are also a few other restrictions related to security deposits, and it is best to speak with a Florida property attorney to learn more.
The Potential for Lawsuits
The tenants of a property may sue a landlord in small claims court for the return of their deposit. This lawsuit can be filed for an amount up to $5,000. If this lawsuit is filed by the tenant, it is best for a property owner to utilize the services of an attorney to help them defend their case and protect their rights.
Rental Rules in Florida
State law has regulated several issues related to renting a property, including the amount of time a tenant has to pay rent that is overdue. This time period is three days. If a renter fails to adhere to this timeline, the landlord can file to have the individual evicted.
Tenants also have the right to withhold their rental payment if the landlord does not take care of certain repairs. For example, a broken air conditioning system or water heater.
Eviction and Termination Rules
The ability to terminate a renter’s tenancy is determined by Florida state law. For example, landlords can give a tenant who caused intentional destruction to the rental property, or another renter’s property, or violated the lease repeatedly within a 12-month period an unconditional quit notice. This provides the tenant a period of seven days to move out prior to the landlord filing for an eviction.
Additional Landlord Requirements and Laws in Florida
There are several other laws that landlords need to be aware of in the state of Florida, which include:
- To enter the property, landlords must provide 12 hours’ notice.
- Tenants are protected from retaliation by landlords for tenants exercising their legal right to complain or file a lawsuit.
- Fair housing rights – all types of discrimination are prohibited by federal and local law.
Contact Miami Landlord Attorney at Hansen & Taylor
If you are a landlord in Florida, learning about the rights and responsibilities you have is a must. If you have questions, you can contact us to learn exactly what your rights are in a particular situation. Contact us today at 305-666-1603.