If you are a residential landlord in Florida, you know that a paying tenant is money in the bank. However, a detailed set of statutes applies to your relationship with your tenant and there are several sticky areas that often get landlords in trouble. Here are five laws applicable to landlords that cause the most problems. Read on for how to avoid them when leasing your own property.
1. If you obtain a security deposit or advance rent, you must keep the funds in an account separate from your own. The account can be non-interest or interest bearing, but speak with your attorney regarding this decision as there are different requirements for each account. Within 30 days of receiving the rent or security deposit, you must notify the tenant in writing with the details of how you are holding the money.
2. Return your tenant’s security deposit within 15 days of them vacating the premises. If you are going to make a claim on the security deposit, you have thirty days to give written notice to the tenant that you are imposing a claim and the reason. The tenant must object within 15 days of when they receive the notice; if they do not object, you can deduct the appropriate amount and return the balance to them.
3. If your tenant abandons the property, that does not mean you automatically get to keep the security deposit. The tenant may still make a claim against it, although you are relieved of the notice requirements explained in paragraph 2.
Posted in Condominium Law, Landlord/tenant, Real Estate
Tagged Florida, Housing, landlord, lease, Notice, Property, real estate, Rent, responsibilities, rights, Security deposit, tenant
As a condominium owner living in a community controlled by an association, you may sometimes feel frustration or even anger at the way the board of directors or management company treats you. Associations are powerful, often operate arbitrarily, and may act beyond their rights to harass and threaten residents. However, that does not mean you are helpless or do not have rights of your own. Read on for five of the most important statutory rights that many condo owners do not know they have. There are many more that are not part of this article. If you feel any of your rights have been violated, you should contact an attorney immediately.
- You have the right to at least 48 hours notice of board and committee meetings. The notice must be posted in an obvious place on the association’s property. However, if there is a valid emergency, the board or committee may meet without notice.
- You are permitted to attend all board and committee meetings. This includes the right to speak about items that are designated on the agenda and tape record or videotape the meeting. There is an exception for meetings with the association’s attorney in very specific circumstances.
- If the board is considering a special assessment or changes to rules affecting condominium use, notice must be given at least 14 days before the meeting. This is to ensure all residents have the opportunity to respond regarding any such proposed change. Notice must be by mail, electronically, or personal delivery, and must also be posted on the property. Continue reading
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