Rental Agreements and Tenant Compliance

Landlords in Central Florida already know that renting a property to a tenant entails some big legal obligations. But what are a landlord’s rights in this state, for example, if a tenant fails to comply with a rental agreement? A central Florida real estate attorney will be able to help.

You’re about to read a brief general introduction to Florida’s landlord/tenant laws, but because every case is different, if you are a landlord with a non-compliant tenant, you will need to seek personalized legal advice from a real estate lawyer you can trust.

WHAT SHOULD LANDLORDS KNOW BEFORE RENTING A PROPERTY?

A Florida landlord should identify any problems or needed repairs before he or she signs any rental agreement. Take photos or video of the premises, and make sure that any rental agreement includes precise provisions regarding who is responsible for which specific repairs.

If there is anything in a rental agreement (a “lease”) that you do not understand as a landlord, do not sign it. A good Florida consumer attorney can help you draft a standard lease that will be fully compliant with the law and that will give you the most effective legal protection possible.

Both commercial and residential leases should cover security deposits, rent amounts and due dates, subleasing, length of tenancy, and termination of the lease. Residential leases should address pets and children, while a number of provisions may be needed for a commercial lease.

DO YOU NEED TO HAVE A RENTAL AGREEMENT IN WRITING?

A rental agreement may be oral or written under Florida law, but if there’s a dispute in the future, an oral agreement leaves you with no way to prove your case. A written lease can be a formal contract or a simple page that sets forth the obligations and rights of both tenant and landlord.

The law in Florida requires formal notices from landlords (and formal responses from tenants) to be written and mailed or hand-delivered, even if the lease is an oral agreement. Landlords should retain, make copies, and securely store all formal landlord-tenant correspondence.

A landlord may evict a tenant for failure to vacate the premises after a rental agreement has expired, if the tenant damages the property and the damage causes a substantial property value decrease, or if the tenant has violated a provision of the rental contract or has failed to pay rent.

WHAT MISTAKES CAN LANDLORDS MAKE IN THE EVICTION PROCESS?

Eviction is not easy in Florida, so a landlord must have the right attorney’s guidance. If you are anticipating an eviction or any other landlord-tenant dispute, get the legal advice you need as early as possible.

Shutting off the utilities during the eviction process is one of the mistakes that Florida landlords frequently make. Don’t do it. Another mistake sometimes made by landlords in the eviction process is invading a tenant’s privacy before the tenant has vacated the property.

Spying on a tenant could allow the tenant to sue you for a violation of privacy rights. Having the right attorney’s advice from the start will help you avoid these types of mistakes during the eviction process.

HOW DOES THE EVICTION PROCESS WORK?

To begin an eviction, a landlord must serve a written notice to the tenant instructing them to pay the rent due or vacate the premises.

If a tenant fails to pay or vacate by the deadline in the written notice, your attorney can help you file a notice with the county court. The clerk of the court then sends the tenant a summons, and the demands of the summons must be met in a timely manner or a judgment will be entered against the tenant.

The county court clerk then issues a “Writ of Possession” to the county sheriff, who will then notify the tenant that a physical eviction will be conducted in another twenty-four hours.

WHAT HAPPENS WHEN A RENTAL AGREEMENT EXPIRES?

What are a landlord’s rights and obligations when a lease terminates?

When a lease terminates in Florida, if a landlord is not making a claim against the security deposit, it must be returned within fifteen days, or else a landlord must, within thirty days, give the tenant a notice in writing which details how much of the deposit is being retained and why.

Failing to send such a notice within thirty days – using certified mail – forfeits a landlord’s right to make any claim against the security deposit. Upon receipt of the notice, a tenant has fifteen days to respond.

If there is no response, the landlord may take the amount being claimed and must send the remainder of the deposit to the tenant within thirty days of the date the original notice was sent.

If a tenant objects to a landlord’s security deposit claim, the tenant may take you to court or file a complaint with the state’s Department of Agriculture and Consumer Services. In either case, you’ll need to have the matter handled by the right central Florida real estate attorney.

WHEN MAY A LANDLORD ENTER A RENTAL PROPERTY?

Florida tenants may not unreasonably deny consent to a landlord to enter a rental unit to make occasional inspections of the premises, but a landlord must provide “reasonable” notice and make inspections and repairs at a “reasonable” time.

The law in Florida defines reasonable notice as twelve hours, and a reasonable time is 7:30 a.m. to 8 p.m. Landlords additionally may enter the premises:

1. with the tenant’s consent
2. if a tenant unreasonably refuses to give consent
3. in the case of an emergency
4. when a tenant is absent for one-half of a rental period and has not notified the landlord

When the rent has been paid and a tenant has informed a landlord in advance regarding an extended absence, the landlord may only enter the premises with the tenant’s consent or in the case of an emergency.

IF YOU ARE A LANDLORD, HOW WILL A GOOD ATTORNEY HELP YOU?

By putting effective and practical solutions to landlord-tenant disputes in place – with the right attorney’s help – before problems arise, landlords can avoid most of the potential legal difficulties they may face in Florida.

The right central Florida real estate lawyer can answer all of a landlord’s questions about how federal and state law impacts you and your rights, can review or help you draft effective and enforceable leases, and can advise you regarding the eviction process.

After graduating from Davidson College, Melody Lankford earned her J.D. from Florida State University’s College of Law in 2004 and was admitted to the Florida Bar that same year. Ms. Lankford joined Raydon Corporation as in-house counsel in 2004. She worked there until 2012, when she founded the Lankford Law Firm. She is an experienced Daytona Beach small business attorney who offers sound legal counsel and experience-based insights to her business clients