Landlords and tenants both have legal rights, and both landlords and tenants must adhere to the conditions of their rental contract or lease agreement. When these conditions are breached, it is wise to reach out to a Fort Lauderdale landlord/tenant dispute attorney for expert legal advice.
A landlord/tenant dispute can be avoided with open dialogue and communication and with both landlords and tenants knowing their rights and responsibilities. Either party should try to not assign blame and instead focus on negotiating to reach a solution.
A landlord/tenant dispute often can become contested since the tenant depends on a place to live and the landlord depends on that rental income. However, they both share a mutual interest in the tenant staying in the house and that can be beneficial when trying to reach an agreement between the two parties.
Landlord And Tenant Rights
A tenant has the right of private and peaceful possession of the dwelling, business or property. A tenant is also required to maintain the property in good condition and needs to pay the agreed upon rent and security deposit and do so on time. A tenant does have the right to move based on agreement or non-agreement in place and in some situations, the tenant may even withhold rent or terminate the lease.
A landlord is required to rent out a dwelling that is fit to be lived or worked in. The property is required to have working heating, plumbing, be structurally sound, needs to be free of pests, and have reasonable security–including functioning doors and windows with the ability to lock. A landlord must also comply with the local building, health, and safety codes. If there are repairs necessary to make the dwelling fit for living, the landlord must pay for repairs. A landlord cannot deny housing or property rental or unfairly treat a potential tenant because of unlawful discrimination. In specific situations, some tenants may be locked out, evicted,or personal/business property is seized.
Eviction is often the most commonly contested landlord/tenant dispute in the state of Florida. Florida law is strict and only allows for landlords to evict tenants for very specific reasons such as non-payment of rent and breaking terms in the lease.
Landlords also have the option to sue tenants who refuse to leave when they receive an eviction notice. If the tenant has not fixed the problem in the time permitted, the landlord may file a complaint and that tenant can be sued.
Whether you are a tenant who has been sued or a landlord who plans to take legal action, you need the help of a tenant/landlord disputes lawyer.
Typically, commercial leases are prepared by lawyers, but residential leases are prepared by landlords, management companies and realtors. A tenant may want to seek legal help to find out what their rights are when their landlord refuses to make repairs or has committed an unlawful act such as sexual harassment, discrimination, or the tenant has been sued in an unlawful detainer action. The tenant may also want to speak with an expert attorney before signing a lease.
A landlord may want to consult with an attorney to discuss what specific lease terms mean for the landlord and to seek out available remedies for a problematic tenant, if an issue arises.
Landlord/Tenant Disputes Lawyer
Landlord/tenant law in Florida varies in residential and commercial leases. When a landlord/tenant dispute does arise, it may be possible for it to be resolved with just a simple letter written by a landlord/tenant dispute lawyer, and sometimes litigation may be required. In either case, it is always best to resolve these disputes with the help of a knowledgeable landlord/tenant dispute lawyer. It is important to consult an attorney if you have a legal matter concerning a landlord/tenant dispute or rental law issue that can’t be resolved between the two parties.
The lawyers at Magnolia Law can help with the following matters:
- Lease drafting & negotiation
- Failure to pay rent
- Issues with property upkeep
- Ground leases
- Discriminatory practices
- Implied warranty of habitability issues
- Quiet enjoyment claims
- Security deposit claims