DiPasquale Law represents landlords and tenants in residential and commercial leases. Services include drafting of leases, notices of violation, three-day notices, lease terminations and evictions. If you are considering a lease agreement or have problems with any of your current rental arrangements, we would welcome your call and stand ready to assist you.
A landlord is required to rent a dwelling that is fit for habitation. It must have working plumbing, hot water and heating; be structurally sound and have reasonable security, including working and locking doors and windows; and it must be free of pests. The landlord must also comply with local health, building and safety codes. If the landlord has to make repairs to make the dwelling fit to live in, the landlord must pay.
A tenant has certain rights and responsibilities under Florida law. These are specified in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act. If there is no written lease, these laws regulate the tenant’s rights. There may also be a written lease that could affect a tenant’s rights. If there is a written lease, it should be carefully reviewed. The Florida Residential Landlord Tenant Act prevails over what the lease says.
A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant’s to lawfully use. The landlord may enter the dwelling only in order to inspect the premises or to make necessary or agreed repairs, but then only if he or she first gives the tenant reasonable notice and comes at a convenient time. If an emergency exists, the requirement for notice may be shortened or waived.