Tag Archives: rights

Happy Tenant, Happy Life

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.

landlords

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.

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What rights do you have as a condominium owner?

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.

Condominiums

  1. 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.
  2. 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.
  3. 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 →

Five Important Questions to Ask Before You Sign a Residential Lease in Florida

       Maybe you are just starting out, and this is the first place you can call your own.  Perhaps you are getting out of a bad relationship and looking forward to a fresh start.  No matter what your situation, chances are you are excited about moving into a new apartment.  However, it is important not to let the “wow” factor of the experience cloud your judgment and keep you from being careful and discerning when choosing a place to live.  Landlords are generally sophisticated people, and remember, it is their job to make money off of you.  Here are five important questions to ask before you sign on the dotted line.

Apartment

1.       What exactly is included in my lease? 

       In Florida, a landlord is required to provide certain basic necessities to a residential tenant.  This includes full compliance with applicable building, housing, and health codes.  Additionally, the landlord must maintain the roof, window screens, floors, steps, porches, exterior walls, and foundation in “good repair.”  The landlord must also keep the plumbing in reasonably good working condition.  However, this does not mean that the landlord is responsible for repairing damage that you cause to the apartment or any part of it.  Note that these requirements may be different if you are renting a house or duplex.

       If you are renting an apartment (not a house or duplex) the landlord is also responsible for extermination of pests, providing locks and keys, keeping the common areas clean and safe, removing garbage, providing heat, and ensuring running and hot water.  This does not mean the landlord has to pay for those things, only that he has to ensure they are available.  However, whether it is your responsibility to cover those costs should be stated clearly in your lease agreement.  Further, it is your responsibility, after you move in, to notify the landlord of any problems with the apartment.

2.       What is not included in my lease?

       Beyond those items discussed in question number 1, landlords and tenants are generally free to negotiate the lease and what items will be each party’s responsibility.   It is common for landlords to require tenants to pay for things like power, gas, cable, etc.     It is wise to ask the landlord the average utility prices in the building so you are not shocked by your first months’ bills.  Additionally, you should negotiate parking arrangements and have that agreement included in your lease.

3.       What can we negotiate?

       While it is common for tenants to feel that they are not able to negotiate, it never hurts to ask the landlord to throw in a few freebies.  For example, you might ask the landlord to upgrade the refrigerator if you agree to paint the walls.  Or, maybe the landlord will agree to install new carpet if you sign the lease for 18 months instead of 12.  Be brave!  You never know what you might get unless you ask.

4.       What happens if I need to terminate the lease before the rental period is over?

       Life is unpredictable.  While exciting, a lease can be a frightening, and seemingly permanent, decision.  What if you lose your job?  What if you have to move?    Generally speaking, a lease will provide for penalties in the event you move out or abandon the property early, and may include an early termination fee.  A landlord has a number of options for trying to get back the rental money you owe him, including holding you personally liable.  However, you have rights too.  If it becomes necessary to terminate your lease, you should contact an attorney to make sure you protect yourself.

5.  Can I have a copy of the lease to read before I sign?

       The single most important question you can ask is to see a copy of the lease before you sign.  You will likely be agreeing to a number of things that affect you personally and financially, so it is important that you take your time to step back from the excitement of moving and consider the legally binding nature of the document.  You should consider contacting an attorney to review the document to make sure that you and your assets are protected.