When a person pays rent to live in a house, apartment, apartment or mobile home, the lessee will become a lessee governed by the laws of Florida. Whether weekly, monthly or other regular payments. In addition, it does not matter whether apartments, houses, apartments or mobile houses are leased from private, corporate or most government units. These facts are true even without a written lease agreement.
Under Florida law, tenants have certain rights and responsibilities. These Provisions are detailed in part II, chapter 83 of the Florida statute, the Florida landlord tenant act. Tenants of federally subsidized rental homes also have the rights provided by federal law. In the absence of a written lease, these laws provide for the rights of the lessee. There may also be a written lease which may affect the rights of the lessee. If there is a written lease, it should be carefully reviewed. The landlord tenant act of Florida takes precedence over the provisions of the lease.
The tenant has the right to private and peaceful possession of the house. Once the house is leased, it will be legally used by the lessee. The owner can only enter the house for the purpose of inspecting the house or carrying out necessary or agreed maintenance, provided that the owner gives reasonable notice to the lessee and arrives at a convenient time. In the event of an emergency, the requirements of the notice may be shortened or waived.
The landlord has to rent a suitable house. There must be working pipes, hot water and heating, sound structure and reasonable safety, including working and locking doors and windows, and no pests. Landlords must also comply with local health, building and safety regulations. If the landlord has to make repairs to make the home habitable, the landlord has to pay.
If the landlord argues that the lessee has violated the lease agreement, the landlord must notify the lessee in writing of the specific problems and give the lessee time to correct the problems. Even if the problem is that the rent is not paid, the landlord can also bring a lawsuit to the court to ask for the removal of the lessee. Tenants who receive notice of non payment should be aware that the landlord may accept part of the rent owed, but will still expel the tenant. Tenants who rent apartments should be aware that in some cases, apartment associations may require tenants to pay rent to the association rather than to the landlord. In this case, the tenant should consult a lawyer. If the lessee commits a serious act endangering the property (such as committing a crime in the house) or fails to correct it after the lessor’s written notice, the lessor must still apply to the court for permission to expel the lessee. In any court proceedings, the tenant has the absolute right to attend, defend and be represented by a lawyer.
If the landlord requires the tenant to pay the deposit, the landlord must keep the deposit for the duration of the lease. In addition, the landlord must return all the deposit within 15 days after the Lessee leaves the residence, or inform the lessee in writing why part or all of the deposit will not be returned within 30 days after the Lessee leaves the residence. The lessee has the right to raise objections in writing within 15 days after receiving the notice. In some cases, the lessee may receive margin and interest. Before moving out, the lessee must provide the address to collect the deposit to the landlord, otherwise the landlord claims to retain the right of deposit, and the tenant may lose the right to object.
Tenants have the right to withhold rent in some very serious circumstances caused by the negligence of the landlord. This can only be done if the landlord does not fulfill important responsibilities, such as providing safe and habitable housing in accordance with local housing regulations. Before withholding the rent, the lessee must give the landlord seven days’ written notice so that the landlord can solve the problem. Even if the rent is withheld, the tenant should save the money and seek the permission of the court to spend part of the money on what the landlord should do. If the lessee does not retain the money and seek the assistance of the court, the lessee may be expelled for non payment.
Finally, tenants have the right to move. If there is a written lease, the lessee should read the lease carefully to see if the lease requires 60 days’ notice to the lessee that it does not intend to stay after the end of the lease. In the absence of a written lease, the lessee may leave by written notice not less than 7 days before the next rent due (if the rent is paid weekly), or not less than 15 days if the rent is paid monthly (if the rent is paid monthly), without reason. If the landlord fails to perform its main obligations, the tenant may terminate the lease agreement, but the tenant must give written notice to the landlord seven days before the rent expires (there are some exceptions to the right to move out).