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Lease
or Rental Agreement
The landlord and tenant are equal
parties in an agreement or lease to rent real property.
Before signing, the tenant should fully understand
and agree to the terms of the lease. Although leases
can be written or oral, it is better to have a written
lease, specifying respective rights and obligations.
To minimize later disputes, it is a good idea to
inspect the premises prior to moving in and to make
a list of damaged items or areas, worn rugs, broken
fixtures, etc. Both parties should keep copies of
the lease and all documents relating to the rental.
Security Deposit or Advance Rent
Security deposits or advance rent should be held by the landlord
in a separate interest bearing, or non-interest bearing account, in a Florida
banking institution. If it is in an interest-bearing account, the tenant is
entitled to 75% of the interest accrued or 5% simple interest per year, whichever
the landlord selects. Or, the landlord may post a surety bond with the Clerk
of the County Court and the tenant is entitled to 5% simple interest per year
on the deposit. The landlord has 15 days following termination of the rental
agreement or lease to either refund the security deposit or send a certified
letter to the tenant explaining the reason all or part of the deposit is not
being returned. If this notice is not sent as required, the landlord forfeits
his/her right to impose a claim. Should the tenant fail to give the landlord
appropriate notice prior to vacating, the landlord may be released from the
obligation to notify the tenant and may keep the deposit. After the landlord
writes that he/she is claiming all or part of the deposit, the tenant has 15
days after receipt of the notice to write the landlord objecting to the landlord's
claim. If the tenant fails to write, the landlord is obligated to return only
that portion of the deposit he/she has not claimed. The law regarding damage
deposits, which the landlord may require to insure payment for damages beyond
normal wear and tear, varies according to circumstances. More information may
be found in the Florida Statutes at FLA. STAT., Part II, Chapter 83.
Landlord and Tenant Responsibilities for Maintenance
of the Premises
The
landlord is required (unless otherwise
stated in lease) by law to:
- Comply with building, housing and health
codes;
- Keep the roof, windows, screens, floors
and outside walls in good repair;
- Exterminate rats, bugs, and wood-destroying
organisms;
- Supply locks and keys, heat during the winter,
running water and hot water;
- Provide for garbage
removal from the premises (this does not apply
to single-family houses or duplexes);
- Provide
lead based paint disclosure.
Failure of the landlord to meet lease or law
requirements may result in the tenant withholding
the rent. However, before the tenant may legally
withhold rent, he/she must send the landlord
written notification by certified mail at least
7 days before the rent is due to allow time
to remedy the problem. If the problem is not
corrected after seven days notice, and the
rent is withheld, the landlord may take the
tenant to court for collection. In this case,
the rent must be paid into the court registry
pending the judge's determination of the case.
Tenants
are responsible for:
- Complying
with housing and health codes;
- Keeping the unit and premises clean;
- Removing garbage from the unit he/she occupies;
- Not abusing the electrical, plumbing, heating,
air conditioning, and other facilities furnished
by the landlord;
- Not defacing or damaging the premises;
- Generally occupying the unit without disturbing
the peace.
Failure of the tenant to comply may result
in the landlord giving the tenant 7 days written
notice to meet obligations. If non-compliance
continues, the landlord may terminate the lease
at the end of the 7 days and bring a legal
action for eviction.
Access to the premises
The landlord can enter at reasonable
times to inspect, make repairs,
supply agreed services, or show
the dwelling to a prospective purchaser
or tenant.
The landlord may enter
at any time when:
- The tenant has given consent;
- There is an emergency;
- The tenant unreasonably withholds consent;
- The tenant is absent for an extended period;
but the landlord may enter only to protect
or preserve the premises.
Rent and Termination of Rental/Lease Agreement
Unless otherwise agreed, rent
is payable without demand or notice.
Periodic rent is payable at the
beginning of each rent payment
period. When a written lease specifies
a termination date, the lease ends
and the tenant must leave. However
the lease may be extended by agreement
of both parties under the old terms
or modified by mutual agreement.
At the end of a lease, the tenant may also "hold
over" as agreed upon by both parties. Where no
termination date is stated, the agreement is
ended by either party giving written notice to
the other. When rent is paid weekly, notice must
be given at least 7 days before the next rental
payment is due. When the rent is paid monthly,
notice is required at least 15 days before the
next rental payment date; if paid year to year,
60 days notice is required. If the rental agreement
has been terminated for any of the reasons allowed
under the Landlord and Tenant Act and the tenant
does not move, the landlord can start eviction
procedures. In the case of non-payment of rent,
the landlord must serve the tenant with a written
notice allowing three days (excluding weekends
and legal holidays) in which to pay the rent
or move. To gain possession of the dwelling the
landlord must file suit, providing the court
with a copy of the three-day notice. The tenant
then has five days, excluding weekends and legal
holidays to respond in writing to the court.
If the tenant does not respond or if a judgement
is entered against the tenant, the Clerk of the
Circuit Court will issue a writ of possession
to the Sheriff and the tenant will have only
24 hours notice prior to eviction. Any attempt
by a landlord to evict a tenant by locking that
person out of his apartment or by removing the
outside doors, locks,
roof, walls or windows of the unit or by terminating
any utility service furnished to the tenant,
including water, electricity, heat, light, gas,
garbage collection or refrigeration, whether
or not the utility service is under control of
or paid by the landlord, is a violation of the
Florida Law and the landlord may be liable for
actual and consequential damages or three months
rent, whichever is greater, and costs, including
attorney fees.
Retaliatory Conduct
The landlord is not allowed to use a rent increase
or evict a tenant solely in retaliation because
the tenant has complained to a governmental agency
about a code violation. The tenant may present
evidence of this conduct as a defense in an action
for possession of the dwelling. A copy of the
Landlord Tenant Law (Florida Statutes, Part II,
Chapter 83) is available upon request from the
Florida Department of Agriculture and Consumer
Services, Mayo Building, Tallahassee, FL 32301,
or call 1-800-342-2176 toll free. The Florida
Statutes may also be found in the Pinellas County
Law Library, 324 S. Ft. Harrison, Clearwater,
FL 33756, 464-3411, or viewed on the Florida
Senate website: Florida
Statues Chapter 83. |