As a landlord, your obvious right is to collect rent for the use of the property.
Another important right is to return your property to you intact at the end of the agreement. Except for normal wear and tear, it shall be returned in the same state as it was received.
In return for these rights, it is your responsibility to provide a safe and compliant home and make reasonable repairs as necessary. Under leases, obligations are sometimes limited. It’s also your responsibility to respect the rights of tenants. The most important is peaceful possession. By leasing to the lessee, you can let the lessee own and use your property without interference. That is to say, you can’t go into your home often, at zero or without notice. Rights related to reasonable inspection are generally set forth in written lease agreements and Florida law. You have the right to protect your property by inspection, but you must give reasonable notice at least 12 hours in advance. You do not have the right to display the property to potential buyers without informing the tenant and consent of the tenant.
It is illegal to increase the rent of the lessee or reduce the services provided to the lessee in a discriminatory way, or to threaten to file a possession lawsuit or other civil lawsuit mainly to retaliate against the lessee. If the retaliation occurs after the lessee complains about the housing conditions, it can be presumed as retaliation. It is also illegal to lock the lessee out of the door, intercept or close the utilities, water or power services to the lessee, or remove the door, electrical appliances or lessee’s property from the home. A landlord who does so may be ordered to pay the tenant three months’ rent or actual damages, whichever is greater.
To terminate the lease, if the unit does not have a written lease agreement, or the lease agreement does not specify otherwise, and the unit is leased on a monthly basis, a written notice must be given at least 15 days before the end of any one month period; a week to one week lease period needs to be given 7 days before the end of any one week period. Any such notice must be in writing and delivered to the tenant in person, but may be posted at the door if the tenant is not in the premises. If the written lease agreement requires the tenant to give notice within 60 days before leaving the apartment, the landlord shall give notice to the tenant within the same period of notice as it does not intend to renew the lease.
If the leased property is foreclosed, the buyer may terminate the lease agreement upon foreclosure sale by giving only 30 days’ written notice to the existing tenant. The lessee is obliged to pay any accrued rent within 30 days. The buyer shall not be liable to the landlord unless the buyer assumes the existing lease agreement or enters into a separate lease agreement with the existing tenant. This 30 day notification requirement does not apply to all tenants. You should consult a lawyer to determine if the 30 day notice requirement applies.
Finally, both landlords and tenants are obliged to comply with state and local laws on the use and condition of property.
The basic rights and obligations referred to herein apply whether or not the agreement between the landlord and the tenant is in writing. A written agreement is best because it serves as a memorandum of other terms and conditions, such as restrictions on the number of adults or children or the types of pets allowed. If you wish to provide a lease term of one year or more, the agreement must be executed in writing.
If the lessee moves out permanently before the end of the lease term and leaves the property vacant, this is usually regarded as a waiver of the lessee’s rights. The law provides that if the lessee is absent for at least 15 days without prior notice of the landlord’s intention to be absent, the lease is abandoned. After giving up, you can re-enter the residential unit. Rights and remedies are often complex and you should consider legal advice or assistance.
This is even more complicated if the tenant appears to have left, but left personal property in the premises, or if there is a significant amount of unpaid rent. In this case, you should consult a lawyer before attempting to dispose of the tenant’s property or re lease it.
Another complication is that the tenant does not pay the rent or refuses to move at the end of the lease term. In this case, you can evict the tenant, but only after you take the appropriate legal measures and start taking possession according to a very specific schedule. You must give appropriate notice to the lessee to terminate this lease agreement. If the lessee ignores these notices, you must next appeal to the court and properly serve the summons and appeal on the lessee. Five working days after the complaint is served, you can ask the court to fix the date of the hearing. However, if the lessee fails to respond to the complaint or pay the rent due within five working days, you may expel without holding a hearing, but you must obtain a court order before expelling the lessee.
If the lessee disagrees with the amount of rent payable, it is not necessary to deposit the rent in court, and a hearing must be held. If you want to collect damages from tenants, you have to wait 20 days for a damages hearing. At the hearing, you can ask for the eviction of the tenant. If the judge agrees that the tenant is in breach of the terms of the agreement, the sheriff will issue a notice of expulsion to the tenant. Then, the tenant has 24 hours to leave your property, or the sheriff can come back and move the tenant and supervise the removal of the tenant’s belongings. As these proceedings are highly technical, it is advisable for lawyers to handle them. Even if you decide to file your own claim with the county court, you should have your lawyer review the notice you sent and the way you served it to ensure that you have properly complied with all the necessary requirements of the schedule. A mistake can lead to a serious delay in getting your property back.
Because the landlord / tenant relationship is a legal contract, you should know its rules before you lease your property to anyone. Remember, as a landlord, you have to provide a safe living area and keep good maintenance under the lease, and your repair obligations are sometimes limited. You must transfer the ownership of the property to the lessee without unnecessary interference. In return, you can collect rent and inspect the property on reasonable notice or in an emergency. At the end of the lease, the property must be returned to you without damage beyond the normal wear and tear. The lessor is obliged to pay or refund the deposit to the lessee at the termination of the lease. Many of these basic conditions apply whether there is a written agreement or not.