A lease agreement does more than outline rent payments—it protects your investment and prevents unnecessary disputes. A weak lease can leave landlords footing the bill for damages, stuck with tenants they didn’t approve, or tangled in legal issues over security deposits. Florida law gives landlords certain rights, but your lease has to be airtight to enforce them.
Many property owners assume their lease covers the basics, only to realize too late that vague language or missing clauses are working against them. This guide covers the key terms that need attention and the common mistakes that cost landlords money.
Key Lease Terms Every Florida Landlord Should Pay Attention To
Not all leases are created equal. Small wording choices can have major legal and financial consequences. To avoid headaches, landlords need to ensure their lease agreement is clear, enforceable, and in compliance with Florida law.
Security deposits and return policies
Florida has strict laws on how landlords must handle security deposits. If you don’t follow them, you could be forced to return the entire deposit—even if the tenant damaged the property. Your lease should outline how the deposit will be handled and what deductions are allowed.
- Where the deposit will be held (separate account, escrow, etc.)
- Legal deadlines for returning the deposit after move-out
- Valid reasons for withholding a portion of the deposit
For more details, check Florida Statute 83.49.
Maintenance and repair responsibilities
Every lease needs a clear breakdown of who is responsible for what. Florida law requires landlords to maintain certain aspects of the property, but beyond that, some repairs can be passed to tenants if specified in the lease.
Failing to define these responsibilities can lead to disputes over things like clogged plumbing, appliance malfunctions, or lawn care. Some landlords assume tenants will handle basic upkeep, only to find themselves legally required to pay for every minor repair.
Rent increases and escalation clauses
Landlords have the right to raise rent, but tenants need to know what to expect. If your lease doesn’t specify when and how increases will happen, you may run into issues down the line.
Some landlords use a fixed percentage increase, while others raise rent in specific increments. In cases like the latter, you can use a rent escalation calculator to help understand what long-term payments might look like.
Lease renewal and termination terms
Landlords should always be in control of lease renewals, but an unclear agreement can create problems. If your lease doesn’t specify whether it automatically renews, tenants may assume they can stay indefinitely—or worse, you could lose out on a paying tenant because you missed a notice deadline.
Florida law also has strict rules on how much notice is required for non-renewal. Failing to follow these rules could force you to keep a tenant longer than intended.
Subletting and unauthorized occupants
If your lease doesn’t address subletting, tenants might assume they can bring in whomever they want. This can lead to unauthorized occupants who aren’t listed on the lease, making it harder to enforce rental terms or remove problem tenants.
Landlords should decide upfront whether subleasing is allowed and outline the approval process. Otherwise, they could end up with strangers living in their property without any legal recourse.
Common Lease Mistakes That Cost Landlords Money
Even a seemingly minor oversight in a lease agreement can result in significant financial losses for landlords. Florida law provides certain protections, but without clear lease terms, landlords may struggle to enforce payments, recover damages, or remove problematic tenants. Below are some of the most common mistakes that can impact a landlord’s bottom line.
Late fees that don’t hold up
Florida allows landlords to charge late fees, but they must be reasonable and clearly stated in the lease. Excessive penalties or vague wording can render a late fee unenforceable in court. To avoid legal challenges, landlords should:
- Specify the exact amount or percentage of rent that will be charged as a late fee.
- Define the grace period (if any) before late fees apply.
- Ensure late fees are not so high that they could be considered punitive.
No clear lease break penalties
Unexpected move-outs can lead to months of lost rental income. Florida law does not automatically require tenants to pay a penalty for breaking a lease unless a specific provision exists in the agreement. A well-drafted lease should include:
– A clear early termination fee, such as two months’ rent.
– A notice period requirement to give the landlord time to find a new tenant.
– A stipulation that the tenant remains responsible for rent until a new tenant is secured.
Without these protections, landlords may be left covering vacancies without any recourse.
Failure to define how the property can be used
Allowing tenants to use a rental property for undefined purposes can lead to unexpected liabilities. A “use of premises” clause ensures that the property is used strictly for residential purposes, preventing tenants from running unauthorized businesses, short-term rentals, or activities that violate zoning laws.
Florida landlords should be explicit in restricting subleasing to Airbnb-style rentals unless expressly agreed upon. Without this clarity, landlords could face fines or legal complications if a tenant operates an unauthorized business from the property.
How Lease Structure Affects Your Bottom Line
The way a lease is structured has a direct impact on a landlord’s financial stability. While most residential leases place repair and maintenance obligations on the landlord, certain lease structures can shift costs to tenants. Understanding these differences helps landlords maximize profitability while minimizing expenses.
How commercial lease agreements shift costs
Unlike residential leases, commercial leases often require tenants to cover additional expenses, reducing the landlord’s financial burden. For example, in a single-tenant triple-net (NNN) lease, tenants pay for property taxes, insurance, and maintenance in addition to base rent. In that same vein, an index lease can fluctuate and be a little safer for both parties since it’s usually based on the Consumer Price Index.
- Gross leases: Landlords cover all property expenses, including maintenance and taxes.
- Modified gross leases: Some expenses are shared between the landlord and tenant.
- NNN leases: Tenants cover nearly all expenses, leaving landlords with minimal financial responsibility.
Final Thoughts
A well-drafted lease agreement is arguably the most important tool for protecting a landlord’s investment. Clear and enforceable terms help prevent big issues and reduce financial risks. By addressing key lease terms, landlords can safeguard their rights while maintaining a professional relationship with tenants.
For landlords who want to ensure their lease agreements comply with Florida law and provide the best possible protection, consulting a real estate attorney is always a wise decision.
A property survey is a detailed map that outlines a property’s boundaries, physical features, and potential issues. For homebuyers, it’s essential to confirm you’re purchasing what you believe you are. Sellers, on the other hand, can use a survey to ensure the sale process runs smoothly, avoiding boundary disputes or legal complications.
Surveys provide key details such as:
- Exact boundary lines to prevent misunderstandings.
- The location of structures relative to property lines, confirming compliance with regulations.
- Easements or rights of way that could affect your ability to use the property as planned.
When a Florida homebuyer found out through a survey that their prospective property had a neighbor’s shed encroaching on it, they were able to address the issue before finalizing the deal. Without the survey, this could have turned into a costly post-sale conflict.
Reasons to Obtain a Property Survey
Whether you’re buying, selling, or planning to build, property surveys protect you from costly surprises by uncovering crucial details about the land.
- Clarifying Property Boundaries
Know exactly where your property begins and ends to avoid disputes with neighbors or accidental encroachments when installing a fence or adding landscaping. - Identifying Violations or Restrictions
A survey might reveal that existing structures, like a shed or pool deck, don’t comply with zoning laws—a problem that could become yours after closing. - Understanding Easements and Rights of Way
Surveys disclose whether neighbors, utility companies, or municipalities have rights to use parts of the property. For example, if a shared driveway exists, it’s essential to know its boundaries and permitted uses before signing. - Highlighting Environmental or Regulatory Issues
In Florida, wetlands or conservation zones could restrict building plans. A survey flags these considerations, saving time and frustration down the line. - Updating Outdated Records
Older properties often have inaccuracies in their public records. A new survey ensures any discrepancies are resolved before they create problems.
Types of Property Surveys
Different situations call for different types of property surveys. For residential properties, a boundary survey is the most common. This type pinpoints the exact property lines, ensuring you know where your land begins and ends. It’s particularly helpful for resolving disputes with neighbors or before starting construction projects like fences or additions.
If your property has unique terrain or you’re planning significant construction, a topographic survey might be necessary. This survey maps out natural features like slopes and elevations, helping architects and builders design effectively.
For buyers working with lenders, an ALTA/NSPS land title survey is often required. These detailed surveys provide critical information about easements, rights of way, and encroachments, ensuring that no legal or practical issues could jeopardize the property’s use or value.
Each type serves a distinct purpose, and choosing the right one ensures you’re not paying for unnecessary services while still addressing your specific needs.
Cost and Duration of Property Surveys
Having a grasp of the finances and time investment needed is key when planning for a survey. The cost of a property survey in Florida depends on factors like the property’s size, labor, location, and complexity. Getting a survey for small residential lots typically range from $300 to $900, while larger or more complex parcels might exceed $1,500.
As for timing, most surveys can be completed within a week, but high demand or unique circumstances may extend the timeline. It’s best to plan ahead—especially if a survey is needed for closing or resolving a legal dispute.
For example, let’s say that a buyer in Tampa rushed to close on their dream home, only to discover a property boundary issue during the survey process. With a week left until closing, they had to renegotiate terms, highlighting the importance of factoring in survey timelines early.
Selecting a Qualified Surveyor in Florida
In Florida, surveyors must be licensed, so start by verifying credentials through the Florida Department of Agriculture and Consumer Services or professional organizations like the Florida Surveying and Mapping Society.
When evaluating potential surveyors, look for experience with residential properties and reviews from past clients. Asking for a sample of their work or references can provide extra confidence in their abilities. It’s also wise to confirm they use modern equipment, such as GPS and CAD systems, to enhance precision.
Hiring a skilled surveyor means fewer headaches down the road. For example, a buyer in Orlando once discovered through a thorough survey that a shared driveway lacked a formal easement agreement, saving them from a potential legal battle post-purchase.
Accessing Existing Property Surveys
Before ordering a new survey, it’s worth checking if an existing one is available. Start by asking the seller, who may have a recent survey on file. Many title companies and real estate agents also keep copies from prior transactions. If these avenues don’t yield results, contact your county property appraiser’s office or search through public records.
Be cautious, though—older surveys might not reflect changes to the property, like new structures or updated boundary lines. For instance, a homeowner in Miami once relied on a decade-old survey, only to discover during a renovation that part of their backyard had been encroached upon by a neighbor’s fence.
Knowing when to trust an existing survey and when to order a new one can save time and money while avoiding potential complications.
When to Get a New Property Survey
Even if an existing survey is available, there are situations where ordering a new one is the better choice. If the property has undergone significant changes, such as new construction or landscaping, an older survey might no longer be accurate. Similarly, if you’re planning renovations or improvements, a current survey ensures you’re working within your property’s boundaries and complying with local codes.
For example, a couple in Fort Lauderdale decided to install a pool but relied on an outdated survey. Mid-construction, they discovered part of the pool encroached on an easement, forcing costly redesigns. A fresh survey could have prevented the issue entirely.
Ultimately, a new survey is a small investment compared to the potential legal and financial consequences of relying on outdated or inaccurate information.
Protecting Your Investment with a Property Survey
A property survey isn’t just a technical document—it’s peace of mind. For buyers, it ensures you’re getting what you’re paying for. For sellers, it prevents disputes that could derail a sale. And for homeowners, it clears the way for improvements and ensures compliance with local regulations.
In Florida, where environmental considerations, easements, and boundary disputes can all complicate property ownership, a survey is an invaluable tool. Whether you’re buying or selling, don’t leave things to chance. Hire a licensed surveyor, verify your boundaries, and protect your investment for the long term.
Landlord harassment isn’t just an inconvenience—it’s a real problem that can make your life a living hell. We’re talking about landlords who cross the line, making it difficult for tenants to live peacefully in their homes. Whether it’s constant badgering, cutting off essential services, or showing up unannounced, these actions aren’t just annoying—they’re illegal.
Why does this matter? For one, everyone deserves to feel safe and secure in their home. But when a landlord decides to use intimidation or dirty tactics to force you out or make your life miserable, they’re breaking the law. This isn’t something you should just put up with; you have rights, and you can take action to stop it.
The goal here is simple: to arm you with the knowledge you need to recognize landlord harassment and understand how you can fight back, especially if you’re living in Florida. We’ll break down what counts as harassment, how to document it, and what kind of compensation you might be entitled to if you’ve been put through the wringer by a bad landlord.
What Counts as Landlord Harassment?
Landlord harassment isn’t always obvious. It can be sneaky—like a landlord constantly knocking on your door for no good reason, or it can be outright aggressive, like shutting off your water because you’ve asked for repairs. These actions aren’t just irritating; they’re against the law.
Common Tactics: Here’s a look at some of the shady tricks landlords might pull:
- Constant Inspections: Unannounced visits under the guise of “inspections” can cross the line into harassment.
- Cutting Off Utilities: Shutting off water, electricity, or heat to force you out or make you comply with unreasonable demands.
- Illegal Entry: Entering your home without permission in certain circumstances can be violation of your rights.
- Verbal Threats or Intimidation: Threats to evict you without legal grounds or using scare tactics to get you to leave.
So, what does the law say? Generally, landlord harassment refers to a pattern of behavior intended to force a tenant out or make their living situation unbearable. Under Florida law, these actions can violate state statutes protecting tenant rights. For example, Florida Statutes Chapter 83 outlines your right to “quiet enjoyment” of your rental property. If a landlord disrupts this right, they could be guilty of harassment.
Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.
How to Document Harassment
If you think you’re being harassed, the first step is to start gathering evidence. It might seem like overkill, but you’ll be glad you did if things go south.
Keep Track of Everything: Every interaction, every incident—write it down. Note the date, time, and exactly what happened. Even if it seems minor, it could be important later on.
Recording Evidence: Beyond just writing things down, you’ll want hard evidence. Take photos, save texts or emails, and, if it’s legal in Florida, consider recording conversations. This evidence can be a game-changer if you need to take legal action.
Here’s an example: Imagine your landlord cuts off your water right in the middle of a sweltering Florida summer. Snap a photo of your faucets on with no water running—this kind of proof is crucial if you need to show a pattern of harassment.
Legal Actions You Can Take
When harassment crosses the line, you don’t have to sit back and take it. There are steps you can take to protect yourself and get the compensation you deserve.
Here’s how to start fighting back:
Filing a Complaint: First things first—let the authorities know what’s going on. In Florida, you can file a formal complaint with local housing authorities or tenant organizations. This not only puts your landlord on notice but also starts creating an official record of the harassment. You might start by contacting the Florida Department of Agriculture and Consumer Services or your local legal aid office for guidance on filing a complaint.
Seeking Legal Help: If the harassment continues or if it’s severe, it might be time to get a lawyer involved. A good attorney can help you understand your rights and guide you through the legal process. They can also send a formal demand letter to your landlord, which could be enough to stop the harassment. And if it comes to it, they’ll represent you in court to help you get the compensation you deserve.
Going to Court: Sometimes, the only way to get justice is by taking your landlord to court. In Florida, you can sue for damages caused by harassment. This can include compensation for things like emotional distress, any expenses you’ve incurred (like if you had to move out early), and potentially even punitive damages if the harassment was particularly bad. The process can be intimidating, but with solid documentation and a good lawyer, you have a chance of winning.
If your landlord has pushed you to the point where you’re considering legal action, know that you’re not alone. Many tenants have successfully fought back against harassment and come out on top. It might take some effort, but standing up for your rights is worth it.
Types of Compensation You Might Be Entitled To
When landlord harassment gets to the point where legal action is necessary, the good news is that you could be entitled to compensation. Here’s a breakdown of what you might be able to recover:
Rent Reductions and Refunds: If your landlord’s harassment has made your living situation unbearable, you might be eligible for a reduction in rent or even a refund of what you’ve already paid. This could be the case if, for example, your landlord cut off essential services like water or electricity, making the home unlivable. In some cases, you might even be able to break your lease without penalty and get your security deposit back.
Damages for Emotional Distress: Harassment isn’t just about the physical discomfort—it can take a toll on your mental health, too. The courts recognize this and may award damages for the emotional distress caused by your landlord’s behavior. This can cover things like anxiety, stress, and the disruption to your daily life. It’s a way of acknowledging that your peace of mind is just as important as your physical comfort.
Punitive Damages: In cases where the landlord’s actions are particularly egregious, you might be entitled to punitive damages. These are designed to punish the landlord for their behavior and serve as a warning to others. Florida courts may award punitive damages if the harassment was especially malicious or if the landlord showed a blatant disregard for your rights. It’s not just about compensating you—it’s about making sure the landlord doesn’t do this to anyone else.
Covering Legal Fees: Lastly, if you win your case, there’s a good chance the court will order your landlord to cover your legal fees. This means you won’t be stuck paying out of pocket for the lawyer who helped you stand up for your rights.
Stand Up For Your Rights
Landlord harassment is more than just a headache—it’s a violation of your rights, and it’s something you don’t have to endure. By understanding what counts as harassment, documenting every incident, and taking legal action when necessary, you can not only stop the harassment but also secure the compensation you deserve.
Remember, the law is on your side, especially here in Florida. If your landlord’s been making your life miserable, don’t hesitate to reach out for help. With the right steps, you can turn the tables and take back control of your living situation.
Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.
Bullet points with circle example:
- Court Records: Start by checking the public records at the local courthouse where the eviction was filed. You can usually do this online via the court’s website, or in person if necessary.
- Credit Reports: While evictions themselves are not listed on credit reports, any related debts, such as unpaid rent or fees, can appear. Request a free copy of your credit report from major credit bureaus like Equifax, Experian, and TransUnion to see if there are any associated debts.
- Tenant Screening Reports: Landlords often use tenant screening services that include eviction history. You can request a copy of your report from these services to see what potential landlords will see. Common services include Checkr, TransUnion SmartMove, and Experian RentBureau.
Trying to find a new place to live with an eviction on your record is like trying to swim with an anchor tied around your waist. Many renters find themselves facing skepticism from potential landlords, making what should be an exciting search feel like an uphill battle. However, understanding your eviction record and its implications can make this more a manageable process.
Step 1: Verify Your Eviction Record
Before you can address an eviction, you need to confirm whether it’s officially recorded and understand the details behind it. This step is crucial as errors in eviction records are not uncommon and can unjustly complicate your rental applications.
How to Check for an Eviction Record
- Court Records: Start by checking the public records at the local courthouse where the eviction was filed. You can usually do this online via the court’s website, or in person if necessary.
- Credit Reports: While evictions themselves are not listed on credit reports, any related debts, such as unpaid rent or fees, can appear. Request a free copy of your credit report from major credit bureaus like Equifax, Experian, and TransUnion to see if there are any associated debts.
- Tenant Screening Reports: Landlords often use tenant screening services that include eviction history. You can request a copy of your report from these services to see what potential landlords will see. Common services include Checkr, TransUnion SmartMove, and Experian RentBureau.
What to Do if You Find Errors
If you discover inaccuracies in your eviction record on any platform, it’s essential to challenge these errors promptly. Each credit bureau and tenant screening agency has its own procedure for disputing inaccuracies, generally involving submitting a formal dispute and providing any proof that supports your claim.
Step 2: Addressing Your Eviction Record
Mistakes in eviction records or related credit reports can exacerbate your difficulties. Actively check for and dispute any errors you find. If there are discrepancies related to eviction-related debts on your credit report, file a dispute with the respective credit bureau. Provide them with evidence that supports your claim to have the record corrected.
Similarly, if your tenant screening report contains inaccuracies, contact the screening agency to challenge the errors. Documentation such as payment receipts or court documents can be an extremely important piece of proving your case.
Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.
Settle Outstanding Debts
If your eviction was due to unpaid rent or other financial disputes, resolving these debts can significantly improve your standing with future landlords:
- Negotiate with Creditors: Contact your former landlord or debt collectors to negotiate a settlement. Sometimes, they may accept a lower amount than what was originally owed.
- Ask for Debt Removal: After settling debts, ask creditors to remove the collection account from your credit report. While not all creditors will agree, this can have a positive impact on your credit score.
Step 3: Seek Expungement or Seal the Record
If your eviction record is proving to be a barrier to renting, you might consider whether you can have the record expunged or sealed. This step involves legal actions that can potentially remove your eviction from public view, depending on the circumstances and state laws.
Expungement completely erases the eviction from your record as if it never happened. On the other hand, sealing the record still exists but is not accessible to the public, including potential landlords. Getting the eviction itself expunged is ideal, but sealing is also suitable for the purposes of getting into a new home.
Expungement in Florida is generally uncommon for eviction records, but it may be possible if the eviction was the result of a clerical error, was settled in court in your favor, or if the landlord did not follow proper legal procedures. In other cases, it’s unlikely that multiple evictions would be expunged.
Steps to Apply for Expungement or Sealing
- Consult with a Real Estate Attorney: Discuss your case to understand the potential for expungement or sealing and the specific requirements in Florida.
- Gather Documentation: Collect all relevant documents such as court rulings, settlement agreements, and any other paperwork that supports your case.
- File a Petition: Your attorney can help prepare and file a petition with the court to request the expungement or sealing of your eviction record.
Keep in mind that even if an eviction is sealed or expunged, some government agencies or entities under specific legal allowances might still access the information for particular purposes.
Step 4: Enhancing Your Rental Application
Improving your rental application is crucial in mitigating the impact of an eviction record. To make your application more appealing to potential landlords, consider several strategies. First, build a positive rental history by consistently paying rent on time at your current residence and maintaining the property well. Positive references from your current landlord can significantly bolster your credibility.
Another effective strategy is to work on increasing your credit score. This can be achieved by paying down existing debts, avoiding new debts, and ensuring that all bills are paid on time. A higher credit score can make you more attractive to potential landlords, as it indicates financial responsibility.
Additionally, obtaining recommendations can enhance your application. Gather letters from previous landlords, employers, or other credible references who can vouch for your reliability and responsibility. These testimonials provide tangible proof of your suitability as a tenant.
Offering a larger security deposit can also be persuasive. It reassures landlords of your financial commitment and your ability to cover potential damages, making you a less risky choice.
Lastly, consider having a co-signer if possible. A co-signer with a strong credit background can significantly strengthen your application, providing additional assurance to landlords about the reliability of rent payments.
Remember, every landlord is different, and while some may hesitate due to past evictions, others are willing to consider the overall context and your recent efforts towards financial stability and reliability. It’s important to communicate openly and honestly with potential landlords about your past eviction, providing them with a clear picture of your growth and how you’ve worked to ensure it won’t be an issue in the future.
Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.
As a tenant, landlord harassment is a significant issue. While they may own the property, Florida’s laws outline that you have a right to occupy it in peace, without undue disturbance or discrimination. If landlords overstep the mark, there can be consequences.
So, can a tenant be compensated for landlord harassment? Yes, financial compensation is certainly one of the options available. Though, there are other forms of recourse and the route to resolution can certainly depend on the circumstances.
Let’s take a closer look at the issue of landlord harassment, how tenants like you can effectively respond, and — if necessary — how compensation factors into the process.
What is Landlord Harassment?
So, before we get into the weeds of compensation, it’s important to understand what actually constitutes landlord harassment. Naturally, you’re not likely to be able to sue simply because your landlord makes a phone call to you to chase-up on late rent payments. There really needs to be clear breaches of the basic tenets related to your rights to privacy, to not face discrimination, and — if appropriate — that an eviction was lawful.
Some examples of harassment might include:
- Intrusions into your living space: Landlords are generally required to provide notice before entering a rental unit, except in emergencies. If a landlord frequently enters without proper notice or justification, it can create an atmosphere of invasion of privacy. This may constitute harassment, particularly if it occurs frequently.
- Misuse of their power to control essential services: This may include deliberately disrupting utility services such as water, electricity, or heating, with the intent to coerce or force the tenant into some form of action. Florida law prohibits this type of behavior, emphasizing the landlord’s obligation to maintain these services throughout the tenancy.
- Verbal abuse or threats: Unreasonable and aggressive communication from the landlord can cause emotional distress and make the living situation untenable. Landlords are explicitly prohibited landlords from engaging in any conduct that disturbs a tenant’s peace. Even if you have been late on your rent, abuse and threats — other than a reasonable warning regarding legal eviction action being taken — is not warranted.
- Retaliatory actions by the landlord: If your landlord has had disagreements with you in the past, for instance, if you exercise your legal rights to report code violations or file complaints, the landlord might take what is known as retaliatory action. They could seek unwarranted evictions or demand rent increases. This may also be considered harassment in some circumstances.
What Resolution Options Are In Place for Tenants?
Florida, like many states, recognizes the fundamental importance of safeguarding tenants’ rights and protecting them from landlord harassment. Tenants in the state benefit from a robust legal framework alongside industry standards. Many are enshrined under different sections of the state statutes. For instance, Title VI, Chapter 83, Section 53 prohibits the landlord from abusing rights of access. These elements can be complex, so it’s always wise to collaborate with an experienced Florida real estate lawyer to establish the right statutes and recourse related to harassment.
Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.
Nevertheless, some of the options for resolution that you could pursue as a tenant facing harassment include:
Lawsuits related directly to emotional or physical harm
One direct avenue for seeking resolution is to pursue compensation through the civil court system. Tenants who have experienced harassment can file a lawsuit against their landlord, seeking damages for emotional distress, any physical harm caused, and other losses resulting from the harassment. However, it’s important to remember that these types of cases — particularly related to emotional distress — tend to rely on clear evidence. Your attorney can help guide you here.
Lawsuits related to specific expenses
Seeking resolution through compensation for emotional distress is certainly more challenging than pursuing clear and specific financial losses related to harassment. These can be related to medical bills that are the result of your landlord’s behavior, relocation expenses due to unlawful evictions, and even costs such as installing security equipment to protect yourself from unauthorized landlord entry. Your lawyer will be able to help you present this to the civil courts to show there is a clear connection to harassment.
Criminal charges
In some instances, landlord harassment may go beyond civil liability and into criminal behavior. This is most often related to committing or threatening physical violence and other forms of abuse. In these instances, tenants can make a complaint directly to the police. If appropriate, you can also engage an attorney to petition the criminal court handling the case to highlight damages you have experienced, which may prompt the judge to include financial restitution to you as part of a punishment.
Mediation or arbitration
A landlord harassment matter doesn’t necessarily have to go to court for a tenant to receive a positive outcome. Mediation and arbitration usually involves attorneys representing both parties and may be facilitated by a mediator experienced in landlord disputes. This is aimed at giving both parties a chance to present their sides of the matter and reach a mutually agreeable settlement. While it’s possible to do this without a lawyer present, this can make tenants vulnerable to agreeing to terms that don’t adequately address the harm caused by the harassment.
How Tenants Should Respond to Harassment
Compensation for landlord harassment is usually the last step in a process. There are various actions that need to take place before reaching this outcome. When tenants find themselves subjected to landlord harassment in Florida, understanding the proper course of action is crucial should a claim become necessary.
This should include:
Document thoroughly
The first step for tenants facing harassment is to meticulously document each incident. This includes a detailed record that includes dates, times, descriptions of the harassment, and any communication. This record in itself can become evidence when reporting the harassment to relevant authorities or pursuing legal recourse. It’s also important to collect other forms of evidence of harassment. This could be screen grabs of text messages or emails the landlord sends. It could also include video or photographic evidence of their behavior. Footage from doorbell cameras has become increasingly useful here.
Report to authorities
Tenants in Florida have the option to report landlord harassment to local housing authorities. These agencies are tasked with overseeing housing regulations and ensuring compliance with state and local laws. Filing a complaint with the housing authority initiates an official investigation into the allegations of harassment, and if violations are found, the landlord may be subject to penalties and corrective actions. Not to mention that it provides another point of evidence should you choose to seek compensation.
Collaborate with an attorney
If it becomes necessary to seek compensation or other forms of recourse, this is the point at which you reach out to an attorney. They’ll discuss the details of the harassment you’ve received, the evidence you’ve collated, and the steps you’ve taken to address the matter so far. Your attorney can then advise you of the most appropriate course of action and create a plan for petitioning the courts and presenting your case. They’ll also likely advise you to keep collecting evidence throughout the process, as retaliatory action is not unusual and can also lead to compensation.
Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.
Regain Your Peace of Mind
In the end, addressing landlord harassment isn’t just about getting financially compensated. It’s about making certain you feel safe and secure in the home you rent, which is well within your rights. If you’re uncertain whether what you’ve experienced constitutes harassment or how best to proceed, reaching out to an experienced real estate attorney is a solid first step.
As a new landlord, you may be faced with new challenges. It’s important to go into this role headstrong and with a determined attitude. In this article, we’ll give you a few tips to keep in mind as you begin your responsibilities as a landlord. Keep reading to learn more.
Get a Home Warranty Plan
A home warranty plan can be a great asset for your properties, especially if you don’t want to do repairs yourself. Whenever a tenant needs a repair, you can simply submit a request to the home warranty company. Doing this saves you time on repairs and finding a reputable contractor as well as give quality repairs if you aren’t an experienced handyman.
Having a home warranty company can also help if you don’t live near your rental properties. To learn more about what home warranty plan may be best for your properties, check out reviews of Florida home warranties.
Understand Your Legal Responsibilities
As a landlord, you must adhere to federal, state, and local laws governing rental properties. These regulations cover:
– Fair housing practices
– Security deposit limits and procedures
– Eviction procedures
– Maintenance and repair responsibilities
– Rent control laws
Familiarize yourself with the U.S. Department of Housing and Urban Development’s Fair Housing Act and consult with a real estate attorney to ensure compliance with all legal requirements.
Having a home warranty company can also help if you don’t live near your rental properties. To learn more about what home warranty plan may be best for your properties, check out reviews of Florida home warranties.
Don’t Become Too Personal With Your Tenants
As a new landlord, getting your first tenants can be an exciting experience. Your first tenants may make you feel successful, but you may feel more connected to them. It’s important to not have a personal relationship with your tenants as a landlord. If you become too close to your tenants, it may be tough to make important decisions, and can cause serious conflict if problems like late rent payments or evictions arise.
With that being said, you may want to seriously consider whether or not you want to rent your properties to family or friends. While you may want to help them out, it is possible that they can take advantage of their relationship with you.
Treat Your Properties Like Your Own Business
You need to be serious about the properties you are renting out. Being a landlord isn’t just renting out your property to another person. It’s about staying updated with laws, regulations, payments, maintenance, management, and more. Unless you hire a property management company to manage your rentals, you’ll be doing the work yourself.
The more you take your rental properties seriously, the more successful you will be. This includes properties you stay in as well, such as vacation homes.
Don’t Be Too Intrusive
Yes, you are the owner of the properties you rent out. However, you should not be intruding in the lives of your tenants. While you should play an active role in maintaining your properties, no tenant wants their landlord to make frequent visits. Additionally, never enter the property unless there is an emergency. Certain states require landlords to give notice before entering a property, but even if there is no such law in your state, you should respect your tenant’s privacy.
Keep Up to Date
As mentioned above, you should treat your property like a business. Part of this means keeping up to date with any laws and regulations on both the national and local levels. New laws can be put into effect at any time, and can potentially change the way you manage your property. Without keeping up to date, you may find yourself breaking rules and regulations without knowing it. As long as you pay attention to real estate news, you should be okay.
Once you are up to date, make sure you keep your properties in accordance with the regulations. Don’t ignore any needed updates just to save money.
By following these tips, you’ll find yourself in a good position as a new landlord. Becoming a successful landlord takes time and dedication. Whether you only want to rent out one property or you want to acquire multiple properties, you should treat the job all the same.
Screen Tenants Thoroughly
A thorough tenant screening process is crucial for ensuring a positive landlord-tenant relationship. Implement the following steps:
1. Require a rental application
2. Conduct a credit check
3. Verify income and employment
4. Contact previous landlords for references
5. Perform a criminal background check
By carefully screening tenants, you can minimize the risk of late payments, property damage, and costly evictions.
Set a Competitive Rental Price
To attract quality tenants and avoid extended vacancies, set a competitive rental price for your property. Research comparable rentals in your area by checking online listings, consulting with local real estate agents, and reviewing rental market reports. Consider factors such as location, amenities, and property condition when determining the appropriate rent.
Create a Comprehensive Lease Agreement
A well-drafted lease agreement protects both the landlord and tenant by clearly outlining the terms and conditions of the rental arrangement. Key elements to include are:
1. Rent amount and due date
2. Security deposit terms
3. Lease duration and renewal options
4. Maintenance responsibilities
5. Rules regarding pets, smoking, and alterations to the property
6. Termination and eviction procedures
Consult with a real estate attorney to draft a legally binding lease agreement tailored to your specific needs.
Regularly Inspect and Maintain Your Property
Proactive property maintenance is essential for preserving the value of your investment and ensuring tenant satisfaction. Conduct regular inspections to identify and address any issues before they escalate. Create a maintenance schedule that covers:
1. Routine inspections (e.g., quarterly or annually)
2. Seasonal maintenance (e.g., HVAC servicing, gutter cleaning)
3. Preventative measures (e.g., pest control, weatherproofing)
4. Emergency repairs
Establishing open lines of communication with your tenants will encourage them to report any problems promptly, allowing you to address issues in a timely manner.
In conclusion, becoming a successful first-time landlord requires understanding your legal obligations, thoroughly screening tenants, setting a competitive rental price, drafting a comprehensive lease agreement, and proactively maintaining your property. By following these five essential tips, you can confidently navigate the rental market and maximize your return on investment.
As a real estate attorney based in the Sunshine State, I can't stress enough the importance of understanding and complying with Florida Landlord Tenant laws. This advice isn't merely a suggestion—it's a necessity for anyone stepping into the shoes of a landlord. In this blog post, I'll walk you through some of the most crucial aspects of these laws and help you comprehend how they can impact your role as a property owner.
The Power of the Rental Agreement
Let's start with the first line of defense—a comprehensive rental agreement or lease. Think of this document as your roadmap in the often complex journey of property rental. It delineates the rights and obligations of both parties involved—the landlord (you) and the tenant. This agreement sets the rules of the game, from the amount of rent and due dates to the terms of property use and maintenance responsibilities.
However, crafting a lease agreement isn't about loading it with restrictions and stipulations aimed solely at protecting your interests. It's about creating a balanced document that also considers the rights of your tenants. Remember, a happy tenant often equates to a hassle-free landlord experience. So, it's in your best interest to be fair and transparent right from the outset.
State Law Rules the Roost
Now, you've got a detailed lease that both parties are happy with. Great start, but it's vital to remember that no matter how comprehensive your rental agreement is, it's always subject to the overriding power of state law—in this case, the Florida Residential Landlord Tenant Act.
Yes, you read that right. State law trumps your lease agreement. This law is designed to provide a fair playing field for both landlords and tenants, ensuring neither party can enforce unjust or abusive terms on the other. If your lease includes terms that conflict with state law, those terms will be unenforceable, and you could find yourself facing a legal battle that you hadn't bargained for.
This is why it's essential to review all relevant state laws and ensure they align with your lease agreement. Understanding the Florida Residential Landlord Tenant Act can be a bit of a daunting task, given the breadth of its coverage. But fear not, I'll be shedding light on some of the most crucial aspects that every landlord should be aware of in the sections to follow. Stay tuned for a deep dive into rental payments, lease termination, background checks, and more.
Remember, being a successful landlord isn't just about owning property—it's about understanding the legal landscape and navigating it effectively. Stay informed and stay protected.
Managing Rental Payments and Lease Termination
Now, let's talk about one of the critical aspects of your role as a landlord: managing rental payments. It goes without saying that timely payments are vital for maintaining a healthy cash flow. However, life happens, and you might find yourself dealing with late or missed payments. Florida law provides a reasonable window for late payments, but it's crucial to specify this in your lease agreement.
However, you cannot take the law into your own hands if a tenant fails to pay. Florida law prohibits landlords from forcing tenants out without court approval. If you find yourself in a situation where eviction seems inevitable, remember to take the legal route by filing a complaint with the courts. This may seem tedious, but it's the only lawful way to protect your interests.
The Value of Background Checks
One aspect of being a landlord that often gets overlooked is the necessity of conducting background checks. In the excitement of finding a potential tenant, it might be tempting to skip this step. However, a comprehensive background check is more than a mere formality. It is a crucial tool to ensure the security of your property and protect yourself from potential legal hassles down the line.
By performing a background check, you're not just securing your property, but you're also providing peace of mind for your neighbors, particularly if your property is part of a shared community like an apartment or condo building. Remember, a little due diligence can save you a lot of trouble in the future.
Navigating the Waters of Security Deposits
Security deposits are another integral part of the landlord-tenant relationship. This sum should be collected before or at the signing of the rental agreement, and it's important to include the specific amount in your lease terms.
The way you handle this deposit is regulated by Florida law. The collected money should be kept in a separate account, not mixed with your personal or business funds. You're also required to disclose to the tenant the location of the deposit and whether it's held in an interest-bearing account.
At the end of the lease, unless there are valid reasons for deductions, such as unpaid rent or damage to the property beyond normal wear and tear, the deposit should be returned to the tenant. If you plan to make deductions, Florida law requires you to give a written notice outlining the specifics within 30 days of lease termination.
Conclusion
Navigating the legal landscape of landlord-tenant laws can seem daunting, especially if you're a first-time landlord or if you're unsure whether your lease agreement complies with Florida law. It's highly recommended to consult with a knowledgeable, licensed real estate attorney who can guide you through this process.
Remember, being a successful landlord is not just about owning a property—it's about understanding the legal landscape and navigating it effectively. So, arm yourself with knowledge, stay informed, and protect your interests.
If you need assistance wading through these complex waters to reach a positive solution, don't hesitate to call. I'm here to help make your landlord journey a smooth one.
Nothing is more of a kick in the gut than faithfully paying rent on time for years just to get a notice stating that your rent is about to climb. You’ve budgeting your money intently with the purpose of having a rent check handy for your landlord on the first of the month. You may not necessarily have the means to absorb a rent increase, but now you have one. And you have a decision to make. Pay the increased rent or look for a new home. It’s a frustrating and often, unanticipated decision that many of us have faced throughout our lives. What’s worse is that Florida is not a rent-controlled state. This means that your landlord can increase rent as much as he or she wants and, in more desirable parts of the state, rent increases can be extreme from year to year. While it may appear that you are powerless to constant rent increases, there is a way to fight back.
People may become squeamish at thought of negotiating for the things they need in life, but they really shouldn’t. Negotiation is no longer the domain of corporate power players and people trying to win back hostages. It’s a simply of method for ensuring that your interests are protected. We all earn a certain amount of money and it’s up to each one of us to make the best decisions in regard to it. While saving your money and making proper investments is a part of that, so to is getting the best prices possible for goods and services. The rent you pay for your home is no different. To protect your interest in this area sometimes requires asking the right questions and seeking the best price possible.
Negotiating a better rent doesn’t have to be intimidating. Follow these basic steps and you may earn a rental price that works best for your budget.
Put in the Homework
First and foremost, you have to do some research. What are your neighbors paying for their places? What are the rent prices for comparable places in your area? Not just places on your block, but places of similar size, quality and age. This will be done in the hopes that you find a pattern of locations like yours with lower rent prices. Armed with this information, you can approach your landlord with the confidence to negotiate.
Build a Plan
Part of building a plan is determining what outcome are you looking to achieve. Do you want to keep the same rent? Gain more amenities? Upgrade certain items? Once you’ve determined what you want, it’s time to gather your research of similar places and the positive attributes you bring to the table and build a sound argument. If you’ve paid your rent on time each month, not hosted all-night foam parties, and been an all-around model citizen, you have more leverage than you realize. Your landlord is not going to be as willing to roll the dice on finding a tenant of your ilk. Use that to your advantage.
Put Yourself in Your Landlord’s Shoes
To that point, empathy is a critical part of any successful negotiation. While your landlord wants more income on a monthly basis, they also don’t want to risk losing a good and stable tenant. This doesn’t mean that you tell your landlord “my way or the highway”, however it does help you determine what you can offer to get what you need. Perhaps you offer to pay a couple of months rent in order to keep your rent at the same price. Or you may offer to sign a longer lease. Oftentimes, consistent income is better than more income.
Negotiate in Person
In our digital age, it’s become all too easy to hide behind and a screen and push people around. It’s much harder to be aggressive in person. When negotiating your rent, do so in a formal meeting. It’s likely that your landlord will not have prepared thoroughly for the discussion. If you come in polite, prepared and persuasive, you’ll have a great advantage in negotiation.
It’s important to remember that you don’t have to be a master negotiator, just confident and motivated to get what you want out of a situation. That and preparation will go a long way.
Stephen K. Hachey Can Help You Wade Through This Difficult Process To Reach A Positive Solution. Call 813-549-0096 Today!
***The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.***
According to Chapter 83 of the Florida Statutes – specifically article 53 – a landlord cannot remove locks from a property unless it’s for the purpose of maintaining, repairing or replacing them. The same chapter also covers whether a tenant can change the property’s locks without the landlord’s content. Let’s take a look.
Landlord’s Access to the Property
According to Chapter 83, article 53 of the Florida Statutes, tenants have certain obligations when it comes to granting landlords access to the property. Landlords may require entry for a variety of reasons:
Inspections: Regular checks to ensure the property is in good condition.
Maintenance or Repairs: Addressing wear and tear or specific issues that arise.
Providing Agreed Services: This could include pest control, HVAC maintenance, or other services agreed upon in the lease.
Showing the Property: Landlords might need to show the property to potential buyers, tenants, or other stakeholders.
It’s also worth noting that landlords have the right to access the property at any time to protect or preserve it. This could be in situations where there’s a risk of damage or harm. However, in most cases, landlords should provide at least 12 hours’ notice and should visit between the hours of 7:30 A.M. and 8 P.M. There are exceptions, such as emergencies, when the tenant has given consent, if the tenant unreasonably denies access, or if the tenant has been absent for an extended period.
Changing the Locks as a Tenant
Security is a primary concern for many tenants. However, when it comes to changing locks, there are specific guidelines to follow. Unless the lease agreement explicitly allows it, tenants should not change the property locks without the landlord’s consent. Doing so can lead to complications, including potential eviction.
If a tenant feels their privacy is being violated due to a landlord’s frequent and unannounced visits, it’s crucial to address the issue. Communication is key. Discussing concerns with the landlord might lead to a resolution. However, if the problem persists, seeking legal counsel is advisable.
Due to our current caseload, our office simply does not the have the resources
needed to dedicate to any additional tenant legal matters.
Any tenant-specific legal matters should be referred to the following organization:
Lawyer Referral Service Online (available 24/7) — https://www.floridabar.org/public/lrs/
or Phone (800) 342-8011 Monday through Friday 8:00 a.m. to 5:30 p.m.
Seeking Legal Advice
Navigating property rights can be complex. If tenants or landlords face issues related to property access, security, or any other disputes, consulting with a legal expert is essential. An experienced real estate attorney can provide guidance, ensuring that both parties’ rights are upheld and that any conflicts are resolved amicably.
***The opinions in this blog are those of the author whom takes full responsibility for the content. Like all other content on the site, this does not constitute legal advice and is for general information purposes only.***
If you own a property and are thinking about selling it with a tenant still occupying it, you might ask yourself if you’re legally able to. Simply put, you can sell your property if you buy the tenant out of his or her lease. Otherwise, the person who purchases the property would have to honor the terms of the withstanding lease.
Let’s take a closer look at this often-asked question.
How to Handle a Month-to-Month Lease When Selling a Property
If you’ve rented your property on a month-to-month basis, you’ll only need to notify the tenant before you’d like him or her to move out. You must notify the tenant with a letter, either by mailing it (ensure that he or she has received it with a signature) or delivering it in person. In Florida, when terminating a month-to-month lease, you must notify the tenant not less than 15 days before the end of any monthly period.
Remember, you don’t need a reason to terminate a month-to-month lease, which is one of the benefits of having one. When writing the letter, ensure you include:
- The current date.
- How many days the tenant has before you terminate the lease.
- A statement to remove all possessions and return the keys by that date.
- A statement informing the tenant you’ll start the eviction process otherwise.
How to Handle a Fixed-Term Lease When Selling a Property
If you’ve rented your property on a fixed-term basis, it’ll take a little more effort – or money – to ensure your tenant moves on. Here are the five options you have.
- Wait until the fixed-term lease has expired
- Sell the property with the lease still active
- Negotiate and pay the tenant to vacate
- Sell the property to the tenant
- Execute an early termination clause in the fixed-term lease
While a month-to-month lease is relatively easy to work around, a fixed-term lease is another story. Although you have options, it’s best to talk with an experienced real estate attorney to sort through them.
