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Landlords’ Rights In Florida

 

 

 

 

 

 

If you are a new landlord or a longtime landlord who has never dealt with tenant law disputes, you may be unsure how to handle one when they arise. Understanding your rights as a landlord in Florida is essential if you hope to protect yourself and your family. Here are some of the most important landlords’ rights you should be sure to take note of. 

Florida Rent Laws

Under Florida law, there are many different rent-related laws you will need to be aware of as a landlord. This will include rules for the steps you can take when your tenant fails to pay rent, how much time they have to pay overdue rent before you have the right to evict them, and more. Failure to adhere to these laws could result in considerable financial costs. 

Security Deposit Rules in Florida 

As a landlord, you will want to be sure to protect yourself financially, as tenants often wind up in situations where they cannot pay rent or damage the property. For this reason, many landlords require a security deposit before a tenant can move in. 

Florida law does not place a limit on how much you can charge for your security deposit. But you will be required to return security deposits to tenants within one month of them moving out. 

Landlord’s Right to Enter Their Florida Rental Property 

One of the most significant disputes Florida landlords and tenants have is when the landlord has the authority to enter the rental property. But the law is clear: landlords have the right to access their rental property after giving their tenants a minimum of twelve hours’ notice. 

Landlords are also prohibited under the law from attempting to enter the property in retaliation after a tenant has made reasonable complaints regarding unsafe living conditions on the property. If you have questions about whether your rights have been violated or how to take action to ensure that you do not violate your tenant’s rights, contact our office.

Florida Lease Termination and Eviction Laws 

Some of the most complex landlord/tenant laws surround lease termination and tenant eviction. Under the law, landlords have the right to terminate a tenancy whenever the stipulations allow for such in an existing lease agreement when the tenant has already violated the terms of the lease on multiple occasions. A good example could be a tenant who intentionally destroyed the property in some way. 

Landlords must give their tenant’s a minimum amount of time to vacate the premises and pay their rent in full before an eviction can be filed. You must further discuss the costs of eviction with your attorney to best decide how to proceed if you are considering lease termination or eviction as a landlord. 

When your landlords’ rights have been violated, or you are dealing with a tenant dispute, you need an experienced attorney advocating for you. Call Atlas Law at (813) 241-8269 to get the legal guidance and support you need. Or fill out our online contact form, and we’ll contact you to learn more about your case.

Landlord Rights & Damaged Property

Though there is a significant amount of information regarding a tenant’s rights, it is equally essential to protect and safeguard the rights of the landlords as well. Landlords may receive unjustified condemnation because they have a perceived level of power over a tenant. 

Landlords are men and women who own property and wish to provide for their families—as does everyone else. From that perspective, you can quickly see how serious it is when a landlord must deal with actively destroying their property. If you find yourself in this position, here is how to proceed.

During An Eviction

When landlords have a dispute with their tenants, they find themselves in a unique situation. The person—or people—they are arguing with live on their property. There are instances when tenants destroyed or intentionally damaged property because of an eviction. If the person thinks the landlord is powerless to stop them, they may (wrongly) decide to get even.

When you suspect someone is intentionally harming property you own, look at your lease. Under what circumstances are you able to enter the property? For example, you may need to give notice that you wish to enter the apartment or home. There may be a required obligatory waiting period that follows your request, which will be dependent on the lease. 

After gaining access to the rental property, document the damage. Take pictures. Add notes that include the time and date on which you are taking them. 

Repair

After getting estimates for the damage, show them to your tenant. Although it is possible to deduct the costs from the security deposit, you should be very careful and deliberate when doing so. Each state has specific laws and regulations regarding how these deposits are handled. 

It is highly recommended that you speak to legal counsel when drafting your lease. When you reach the clause regarding the security deposit, your attorney can explain how they need to be managed and used. 

If and when you can utilize these funds, do so. Suppose your tenant is not willing to pay for damages beyond what the security deposit covers, reach out to an attorney who handles landlord/tenant disputes. An attorney can advise you on your options moving forward. 

If it is a scenario where there is continued and reckless damage to your property, you do have the ability to contact the police. At worst, they will explain it isn’t a criminal matter. However, you will have an appropriate authority intervening. They will likely document and generate a report based on what occurred. 

Atlas Law  

When it comes to landlord/tenant disputes or eviction proceedings, Atlas Law proudly represents landlords throughout the entire state of Florida. If you have multiple units across several counties, we can represent all of them on your behalf. Should you have any additional questions or are ready to meet with an attorney, contact Atlas Law. 

Clauses To Include In A Lease Agreement

Clauses are the provisions in a contract. In other words, who is supplying whom with what? In terms of a rental agreement, they could outline who will be receiving the money, how repairs will happen, and the consequences of failing to meet an obligation. These can also extend out to the rights and responsibilities of the tenant or landlord.

Here are some of the clauses you should strongly consider having in your lease agreement. And it is always advisable to have legal counsel create, draft, or edit these on your behalf. You want to ensure that each clause or provision is enforceable and legal. 

Break Down The Facts

At the heart of your lease agreement is who the deal pertains to. Not only should you include your name and the renter’s name, but you need to establish the role of each. Don’t be hesitant to be overly specific. Obvious things that may get overlooked are the simple things, such as the address of the property. 

If it isn’t in the lease, it almost doesn’t exist. That’s why you include the rent, when it is due, when it is late, and the amount of notice you require if they plan on moving at the lease.

Safety Net

As a landlord, your lease is a means of protection. One of the biggest concerns you may have as a landlord is the tenant not paying—and rightfully so. If you are providing a habitable property for someone to live in, you deserve to be compensated for that. That is something that could and should end up moving towards eviction. Other issues that may be equally justifiable are if the property is being abused or criminal behavior is taking place there. 

Maintenance 

As a landlord, you are responsible for maintaining the property. When deciding what to put in your lease, consider adding a clause about how you expect to be notified when something needs to be repaired. Specific issues will be more time-sensitive, such as losing heat, air conditioning, or a critical appliance such as a refrigerator. 

Because preventive maintenance is cost-effective, you may decide to define specified intervals when you can enter the premises to conduct these. In addition, there should be an explanation as to how the tenant will permit you to do so. 

Atlas Law 

The amount of clauses that need to be included in your lease is extensive. Contact Atlas Law to schedule a consultation if you are a landlord, have further questions, or need professional legal counsel. We are a one-stop-shop for evictions, and we cover the entire state of Florida. 

How Landlords Can Protect Themselves

Business owners play a balancing act between establishing their companies while limiting their personal liability. This is why people can choose between different types of entities. Landlords are no different and should take the necessary steps to limit their exposure to risk and lawsuits. 

Consult A Lawyer

Preventing legal issues is an efficient use of your time and money when compared to reacting to one. One of the powerful tools you have at your disposal is the lease agreement that you have your tenants sign. Amid a disagreement, you can reflect back at the signed document that both parties agreed to.

Sleep well at night knowing that you have this. But the document is only as valuable as the person drafting it. An attorney who works with landlords uses his experience to create a lease agreement that is in your best interest. If you choose to utilize a generic template for your lease agreement, the responsibility and onus fall on you. 

Understand The Parameters

The easiest law to violate is the one you don’t know exists. There are even federal laws such as the Fair Housing Act that need to be followed. Failing to do so only exposes you to an increased risk of a lawsuit. 

For example, the Fair Housing Act prevents a landlord from discriminating against someone based on race, religion, sex, familial status, or national origin. And it is just as important not to act in a way that may give someone the impression that you aren’t following this federal law. This includes everything from how you speak to someone on the phone to the questions you ask them. 

Security Deposits

A good policy is never to take someone’s time or money unnecessarily. Security deposits center around holding onto money that is not yours. In the state of Florida, the money you take from your tenants must go into a bank in Florida. There are no exceptions to this, even if you live outside of the state. 

Although it is up to you, the landlord, to determine if this money should go into an interest-bearing account, the interest is not yours. When you return the money to your tenant—either annually or upon the termination of the lease—the interest accrued goes with it. 

Atlas Law

Atlas Law proudly represents landlords throughout the state of Florida—in any county and jurisdiction. This extends to landlords who own multiple properties throughout the state. Protect yourself and your investment with the professional legal counseling offered at Atlas Law. Contact us to schedule your consultation today. 

Advice For New Landlords

Landlords need to possess a wide range of skills. They are real estate investors, business people, and leaders. Running a rental property is a business, and it requires a significant amount of interaction with a multitude of people and personalities.

To protect you and your business, here are tips and advice to help.

It Starts Before It Begins

Before you have someone sit down to sign the first lease, understand the laws in your state. These laws will impact everything from how you implement safety precautions to how you handle security deposits. Here are some common questions you should know the answer to:

  • Is my lease legal?
  • Do I have all the permits and licenses required by my state?
  • Do my units and property meet all applicable codes?

Hiring a professional and experienced attorney who represents landlords is the quickest way to know the answers to these questions. Your attorney may point out laws or regulations that you may have overlooked. 

Another way to avoid future problems is by developing a robust screening process. There are ways to choose tenants who have good credit ratings and strong recommendations from previous landlords. However, laws govern how you screen your applicants. And they are meant to ensure an equitable and fair selection process. Your lawyer can go over your approach and offer advice as to how to achieve this.  

Have A Plan For Challenges 

Your property is a business. If you financed its purchase, you likely depend on rent to pay the mortgage and to provide you an income. Every business is going to have hurdles and challenges. Yours may come in the form of people failing to pay rent.

Landlords will have to face people who lost their jobs or are withholding payment as a bargaining chip. Regardless of the reasons why you should develop a plan to deal with delinquent payments.

People may be quick to think they will simply call their attorney. Because being a landlord is a business, you need to balance out the cost and timeliness of pursuing legal action. Of course, there are situations where this may be your only option, but it should be the last one. 

You may start by simply talking to the tenant (preferably in person than by text or email). Document everything. These are things for your attorney should it reach that level. In addition to payment plans, you can have a series of notices to inform your tenant of their obligation to pay. You may even cite the lease. 

Lastly, have these warnings—and potential consequences—spelled out in the lease. When it is drafted appropriately, a signed lease is going to be the safety net. 

Atlas Law

Protect yourself and your property by hiring an attorney who represents landlords and their rights. A signed lease is only as strong as the person who drafted. Choose a professional and experienced attorney to support and advise you. If you are a landlord in need of legal representation, contact Atlas Law to schedule your consultation. We proudly represent the entire state of Florida.  

What Is A Criminal Background Tester?

These are also referred to as Fair Housing Testers. If you are a landlord, you should know what they are and why they are contacting you. 

The Fair Housing Amendments Act was passed in 1988. Because of it, landlords are legally prohibited from rejecting a renter’s application due to age, race, sex, religion, or national origin.

For anyone who rents properties, you should be aware that people and groups may apply to ask about renting from you. Their sole purpose is to see if you are employing discriminatory practices in your application process. 

Criminal Background Checks

Landlords can and do run criminal background checks on future tenants. But is this method for screening discriminatory?

This is a question that The Department of Housing and Urban Development had to address. Landlords wanted to know more about the people that were going to live on the property. Did the future tenant commit violent acts, destroy property, or illegally sell drugs or weapons? 

Maybe the criminal background checks were not discriminatory, but were they indirectly acting as such? HUD references disparate impact theory. It elaborates on things that are not in and of themselves to be discriminatory but can still have the same effect. 

For instance, if a landlord had a policy that she would not rent to anyone with red shoes, it doesn’t discriminate against race, sex, or religion. But what if a local church had members who only wore red shoes? 

HUD’s guidance to landlords is that it should not impact a protected person if they do background checks. Because disparate impact discrimination is indirect, people can be accused of discrimination without intending to be. 

Be Fair & Consistent

If you do not understand the Fair Housing Amendments Act, contact an attorney who works with landlords. There are several ways they can help. You want to ensure that nothing you do is perceived or misunderstood to be an act of discrimination. 

There are people who will test you. They are criminal background testers. You may meet them in person, or they could call. Either way, they will pose as potential applicants. 

This is where fairness and consistency counts. For instance, how do you respond if someone calls and asks if her background will be an issue? How can you give a definitive answer because you do not know this person, nor have you done a background check? Perhaps you should make a policy that you don’t turn people away unless they have completed an application. 

If this is your policy, then simply invite this person to submit a rental application. Then, and only then, will you be able to make an informed decision. 

Atlas Law

As a landlord, it is your responsibility to act within the law. When you work with Atlas Law, it is our job to ensure you understand how to comply with them. If you are a landlord who needs legal advice about evictions, contact us to schedule a consultation. Atlas Law handles eviction and real estate cases throughout the entire state of Florida.

How 15 Days Can Have An Impact On A Landlord

Whether you are a landlord or a tenant, it is essential to know the rights and responsibilities of tenants as outlined by Florida law. Even in the absence of a lease, these laws will serve in its place. 

Specifically, it is Chapter 83 of the Florida Residential Landlord Tenant Act that outlines these rights and responsibilities. According to statute, every tenant has a right to the following:

  • Operable doors and windows (with locks)
  • Hot water and heat
  • Plumbing
  • The installation of working smoke detectors before the tenant moves in (for single-family homes and duplexes) 

As a landlord, your lease cannot override the Florida Residential Tenant Act. For example, your lease might state that you can enter the premises as needed. Regardless of what it says or what was signed, this goes against Florida law. Landlords can only enter for agreed-upon repairs. Notice must be given to the tenant, and you should make accommodations to be there at a convenient time. 

Miami-Dade Change From 15 to 30 Days

In Miami-Dade County, legislation was introduced—and passed—that changes the notice requirement for termination of leases. Landlords in Miami-Dade County need to understand the Florida Residential Tenant Act and follow any changes made to it. This is what changed:

Under the Florida Residential Tenant Act, as a  landlord, you must give at least 15 days notice to month-to-month tenants advising that you are terminating the rental agreement. For anyone who lives in Miami-Dade County, that timeline changed to a minimum of 30 days. 

The Miami-Dade Board of County Commissioners made the change from 15 to 30 days. Generally, state law governs landlord-tenant relationships. Local officials acknowledged as much. However, those same officials felt that tenants needed more time to locate new housing once a lease was terminated.  The change from 15 to 30 days is something that could be amended once the pandemic has ended. According to Florida law, if the tenant is paying weekly, they only have to give a week’s notice to the landlord.

If you are a landlord in Miami-Dade County who has followed and understood the Florida Residential Tenant Act, 15 days notice no longer applies. Plan on giving your month-to-month tenants a minimum of 30 days of notice.  

Atlas Law 

At Atlas Law, we are a landlord’s advocate. If you need legal counseling regarding the eviction of a tenant, contact Atlas Law to schedule a consultation. We distinguish ourselves by practicing in every county in Florida, across multiple jurisdictions.

What Does A “Moratorium” On Evictions Actually Mean?

A moratorium is a delay or a suspension of law, action, or even debt. An example of a widely-seen one was the moratorium on evictions that was established in October of 2020. 

Whether you are a landlord or a renter, misunderstanding what one means has serious financial—and possibly legal—consequences. Let’s take a deeper look at this from a landlord’s perspective.

Misunderstanding A Headline

When information gets put out regarding a moratorium, read the entire article—read multiple articles. And if it is vital to your livelihood, ask an attorney about how it applies to you. 

When the moratorium was established (and was ultimately extended), there was a general misconception that people could not be evicted. Landlords also thought they didn’t have any recourse. 

But did they?

Although it was true that people who didn’t pay their rent or mortgage couldn’t be evicted, it extended beyond that. Tenants were still required to formally declare that they were unable to pay due to an issue related to COVID-19. 

In Florida, attorneys have still been able to file for evictions—and they could even receive final judgments. For landlords who were financially struggling, they contacted attorneys and began the eviction process long before the moratorium ended. The eviction moratorium—which was established on a nationwide basis—was issued by the Centers for Disease Control and Prevention. 

It was never intended to release people from their contractual obligations to pay rent. For people who had already obtained final judgments, they were able to evict those who were not covered by the CDC’s order. Furthermore, for those renters who did qualify for protection from eviction, that in and of itself did not prevent an eviction. 

Past-Due Rent

Another aspect of the eviction moratorium that was overlooked (or misinterpreted) was the issue surrounding the money owed for rent. This was likely a result of people incorrectly assuming that they were released from a financial obligation. 

Due to some unexpected and severe economic challenges, people thought they were being offered relief by not paying their rent. Again, this was not true, nor was it the intent of the moratorium. The debt incurred from the moratorium didn’t disappear, nor would be forgiven. 

In the past, when there was a moratorium, your debts could still be handed over to a collection agency. Your credit score (and your ability to get another apartment) could be impacted as well. 

Atlas Law

At Atlas Law, we are the landlord’s advocate. If you have legal issues or questions regarding your tenants, we can advise you on your options. Don’t make the mistake of thinking you don’t have any recourse because you have rights. Contact Atlas Law today to schedule your consultation. We can also be reached at (813) 241-8269. 

How To Handle Bad Tenants

Though your bad tenants will likely (hopefully) be just a small portion of the people you rent to, they have the potential to take up a considerable amount of your time. When this happens, you devote too many minutes of your day trying to fix problems rather than growing your property management business. 

Common types of problems you are likely to encounter are people who destroy your property, who fail to pay their rent, or a combination of the two. This is when they violate their lease agreement, the document that outlined how much they would pay you in rent and how they would conduct themselves while living on your property. 

The quick response (but definitely not the quickest solution) is to move towards evicting them. Unfortunately, this is a timely process that incorporates lawyers, a legal process, and odds are, your renters will continue to violate their lease as you try to remove them from your property. Although eviction can still be inevitable, here are some steps to take before it gets there.

Prevent It Early 

Spend the time to develop a robust background screening process. This isn’t as complicated as it may sound. Try to focus on three things: employment, previous addresses, and credit scores. For the first two, verify that they are employed and try to talk to a previous landlord. Even though the former landlord has no reason to help you, they will not be able to hide their feelings for a tenant who didn’t pay rent or abused their property.

A credit check might cost upwards of $50, but it is an investment. It’s significantly cheaper than the cost of the eviction process. When you are meeting with the tenant, they will have to give their Social Security number and authorize you to run the credit check. And when you meet with them to show the property, ask questions and get a feel for who might be moving into your property.

Renters Who Won’t Pay

As much as it might upset you that they are not paying, don’t immediately assume that your tenant is doing so aggressively. If you are short on money because your tenants won’t pay, you are going to struggle financially due to no specific fault of your own.

Perhaps your tenant lost their job or is in the middle of a crisis. Trying to help them might go a long way for establishing a long-term professional relationship with them. To do this, consider putting them on a payment plan. A portion of your rent is better than none, and you will be establishing this plan for them to pay you the rent in full eventually. 

Another option is to see if they would consider having a roommate if the living space can accommodate it. They will get to pay less, and you will receive the entirety of your rent. 

Atlas Law 

At Atlas Law, we are equipped to cover eviction and real estate cases throughout the entire state of Florida. If you own property—or you’re a corporation that owns several properties—Atlas Law can be your single source for eviction proceedings. Contact us online to schedule a consultation.

2 (Very) Simple Ways Your Property Manager Can Market Your Properties

If you own rental properties, you may have chosen to hire a property manager—or you might be one yourself. The decision of whether to employ one is entirely built around your circumstances, your time, and your money. 

Regardless, the role of the property manager can extend beyond work orders, collecting rent, and managing your tenants. What if the position also included the responsibility to gain new tenants? For instance, if you own several properties, filling those with renters is a business need. It provides the revenue to pay for the property (and its manager). 

Basic supply and demand will prove that the more people you have interested in your property, the more you may be able to charge for rent. Here are some simple ways in which your property manager can help you market your property.

Referrals 

One of the best components of referrals is the cost: they are free. So if you are putting off marketing because you cannot afford it, then you are missing out on this very cost-effective strategy. 

This starts with creating a positive experience for your current tenants. If they do not enjoy renting from you, they are not going to refer you to their friends and family. Their experience may rely heavily on their interactions with the property manager—who is a direct reflection of the property owner.

Quality Tenants

Secondly, you want quality tenants. These are people who are respectful of your property, who pay on time, who contact the property manager for the things that correctly fall under his/her responsibilities. 

The property manager is in a position to see which tenants fit well into your business model. You should be investing in your property instead of continually charging tenants who are flagrantly mistreating their living space. This will demand time, energy, and money. Ultimately, you may have to pursue eviction and seek professional legal advice. 

Good tenants are more likely to refer you to other good tenants. Use your property manager as a source of information to understand who your best tenants are. Who pays on time? Who respects the other tenants? Who is polite? This last one can add to the reputation of your building. 

If your property manager can point out these tenants, invest in them. Maybe you choose not to raise their rent at the end of the year and tell them why. Or perhaps you just send them a card during the holidays and thank them for being a valued tenant. Ultimately, you are increasing your chances that your ideal tenant brings in more people similar to him or her.

Contact Atlas Law

If you or your property manager need a valued attorney to help you with evictions or other issues surrounding property management, contact Atlas Law today. We cover eviction and real estate cases in every jurisdiction of Florida. If you need support evicting tenants who are hurting your property or your business, then there is no one better to have in your corner than Atlas Law.