Landlord and Tenant Disputes

Disputes between landlords and tenants can take many forms — from upkeep and repair issues to non-payment of rent and potential eviction. In addition to making sure that you have a good rental agreement in place, being informed of your rights as either a tenant or a landlord can help save money and avoid frustration.

What a landlord Cannot do Florida?
According to the Fair Housing Act, Florida landlords cannot ask potential renters questions about medical history, age, any disability, familial status, ancestry, national origin, marital status, sexual orientation, religion, color or race. Tenants cannot be discriminated against due to any of these reasons.

One thing that people need to know is that the landlord cannot shut off the power on a tenant for non payment. If you do this and you end up in court, the judge will throw the book at you. The big issue here is your rental agreement. If you have a good rental agreement with the proper language, eviction shouldn’t take that long and cost that much. If you don’t have a proper agreement, it can take forever and cost a fortune. Make sure that you get advice from a trusted professional about your rental agreement.

How long does a landlord have to fix something in Florida?
Your landlord has seven days to make a repair in Florida before you can terminate you lease agreement. Assuming that the issue you’re dealing with is a violation of Florida’s warranty of habitability, state law first requires that you notify your landlord of the issue and allow seven days for it to be fixed.

Can a tenant refuse entry to landlord in Florida?
Before a Landlord can enter, they must give the Tenant reasonable notice. Florida Statute 83.53(2) defines reasonable notice as 12 hours prior to entering. Reasonable time is between 7:30 a.m. to 8:00 p.m. A Tenant cannot unreasonably deny the Landlord from entering.

What is considered landlord harassment in Florida?
Prematurely demanding rent. Changing locks or other self-help eviction actions. Disposing or seizing tenants’ personal property. Abusive, profane, or threatening language.

Can I withhold rent for repairs in Florida?
If a rental unit develops a serious problem and no longer meets the requirements listed out by Florida law, the landlord is required to fix it. If they refuse or ignore a tenant’s repair request, then the tenant is legally allowed to withhold rent—as long as they follow the process laid out in the law.

If you have a tenant landlord issue, call Ben Winter. Ben has extensive experience in this area as well as real estate law.

Ben Winter, P.A. focuses its practice in the areas of real estate law, Social Security Disability and Workers Compensation in St Petersburg, Florida.  For more information, go to our web site www.benwinterlaw.com or call (727) 822-0100.

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