Florida residential landlord-tenant law is primarily governed by the Florida Residential Landlord and Tenant Act, which outlines the rights and responsibilities of both landlords and tenants.
Lease Agreements
Written vs. Oral: Leases can be written or oral, but written agreements are preferred for clarity.
Duration: Typically, leases are for a fixed term but can also be month-to-month.
Essential Terms: Should include rent amount, payment due date, and maintenance responsibilities.
Security Deposits
Limits: There are no statutory limits on the amount a landlord can require.
Handling: Landlords must hold deposits in a separate account and inform tenants of the deposit’s location.
Return: Must be returned within 15 days of lease termination if no deductions are made. If deductions are made, landlords have 30 days to notify tenants.
Rent
Payment: Due as specified in the lease. Late fees are enforceable if outlined in the agreement.
Increases: Must comply with lease terms; typically not allowed during a fixed-term lease unless specified.
Maintenance and Repairs
Landlord Responsibilities:Under the Florida Residential Landlord and Tenant Act, landlords are required to maintain the propertyin a habitable condition, ensuring compliance with health and safety codes.
Tenant Responsibilities: Keep the property clean and not cause damage beyond normal wear and tear.
Entry Rights
Notice: Landlords must provide at least 12 hours’ notice prior to entry unless there’s an emergency.
Purpose: Entry is allowed for repairs, inspections, or showing the property.
Termination of Lease
Fixed-Term Leases: Automatically end unless renewed.
Month-to-Month: Requires 15 days’ notice from either party to terminate.
Early Termination: Tenants may break the lease under certain conditions, such as military deployment or if the property is uninhabitable.
Evictions
Grounds: Non-payment of rent, lease violations, illegal activity, etc.
Process:Following the guidelines set by the Florida Residential Landlord and Tenant Act,Landlords must provide a written notice, and if unresolved, file an eviction lawsuit.
Court Procedure: Tenants can contest evictions in court.
Tenant Rights
Right to Quiet Enjoyment: Tenants have the right to undisturbed use of their rental property.
Anti-Discrimination: Protection under the Fair Housing Act against discrimination based on race, color, national origin, religion, sex, familial status, or disability.
Retaliation
Prohibition: Landlords cannot retaliate against tenants for exercising their legal rights, such as reporting code violations.
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This overview provides a foundational understanding of tenant rights and landlord obligations under the Florida Residential Landlord and Tenant Act, but consulting with an attorney from FGC Attorneys can offer more detailed guidance.
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Hugo and his team are absolutely excellent. They helped us with a multi-year case that was truly a burden on our mental health. We were being wrongfully accused of malpractice at the same time as being taken advantage of by a Seller who had a history of nefarious litigation for minuscule things.
Hugo and Rachel kept working behind the scenes and after almost 2 years of litigation they reached a settlement with the other party in which we were able to recover almost all of our funds. They did not do the little things that most attorneys do where they make pointless emails or calls just to rack up billable hours, they stayed the course and ensured that our company was protected and our name was not dragged thru the mud.
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Thanks again Hugo and Rachel!!
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Hpro Construction
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Amazing team! Hugo helped me out with a case and everything went extremely smooth. They updated us frequently and let us know what every step was. We ended up winning our case and I am very grateful for the opportunity to work with them. Highly recommend! - Jose Herrera
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Barbara Ingram
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I had a consultation with an attorney at FGC today, and I must say that I was pleasantly surprised. My experience started when I called, and an actual person answered the phone (a rarity these days). I was immediately transferred to an intake specialist, Gabby, who was so nice. She was very empathetic and talked to me like a person, not a potential case number.
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If my situation progresses and I need to move forward with litigation, there is no other firm I would consider. And I don't say that lightly.
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Luis Villafane
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Muy Buena experiencing loss recomiendo may eficientes
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Nicolas Prada
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FGC helped my parents when their homeowners insurance didn’t want to help fix hurricane damage, but what truly stood out to me is how they helped me personally when an issue I had didn’t fall under their scope of law at the time. They went out of their way to point me in the correct direction just because it was the right thing to do. They have since expanded their scope and I can’t recommend anyone but FGC.
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Caridad Valdivia
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Un excelente trabajo de parte de todo el equipo! Especial a la abogada Elizabeth Hernández!!!
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Yeisy Quintero
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Great attorneys. Great communication
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David Gruen
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Hugo and his team are absolutely incredible. The law is extremely complex and they make it so easy to understand and digestible I felt like I knew exactly what the firm was doing and how that was helping me. Their responsiveness is second to none as I have worked with other firms in the past where I felt like they were just telling me things. Giving them 5 stars because I can’t give them more.
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