Tenant Law in Florida

The relationship between a landlord and tenant in Islamorada, Florida can occasionally be a touchy one. Landlords and tenants are not always clear on their respective rights and obligations.

Landlords and tenants have to navigate a web of legal rights and commitments. It's essential that the parties to a landlord/tenant relationship know what obligations they have to one another.

Landlord's Rights in Islamorada, FL

The most important and most obvious right that a landlord has is the right to timely payment of rent from the tenant. This, of course, means that the tenant has a duty to pay rent.

Landlords also have a right to be free from damage to the rented unit. Tenants are expected not to damage their dwellings, intentionally or negligently. Landlords can deduct the cost of repairs from the tenant's security deposit. In general, tenants are not responsible for damage resulting from ordinary wear and tear.

Tenant's Rights in Islamorada, FL

Tenants, most essentially, have a right to a habitable apartment. After all, this is what they're paying for. Islamorada, Florida landlords are obligated to see that the units they rent to tenants are fit to be lived in by people. Many numerous defects might render an apartment uninhabitable, such as serious infestations and other problems with sanitation, lack of running water or electricity, or failure to provide adequate protection from the outside elements.

In addition to habitable living spaces, tenants also have a right to reasonably safe common areas. Common areas contain lobbies, hallways, and stairwells - essentially anything that everyone living in an apartment complex has access to. These common areas must fulfill the building standards of Islamorada, Florida, and must not contain any unnecessary safety hazards.

Under federal and Florida law, tenants are also entitled to protection against discrimination in housing based on race, color, religion, marital status, or gender. Such discrimination can lead to grave civil penalties against the landlord. Landlords additionally cannot discriminate against tenants based on physical disability, and have to make reasonable accommodations for physically disabled tenants. For instance, they have to allow disabled tenants to make minor physical alterations to the unit (at the tenant's expense) to make it more accessible. Now, they don't need to allow the tenants to have the building remodeled. We're just talking about things like installing handrails in the bathroom, and similar things. The landlord can, however, require tenants to restore the apartment to its original condition, at the tenant's expense, once the tenant leaves.

Lastly, tenants are legally protected from arbitrary eviction. Landlords usually must have a very good reason to evict a tenant before the lease agreement reaches the end of its term (at this point, they are of course allowed to decline to renew the lease). Of course, if the tenant breaches the lease agreement (such as by failing to pay rent, damaging the property, or violating other reasonable rules the landlord has put in the lease), the landlord, like a party to any other contract, is free to terminate the agreement and evict the breaching tenant.

Can a Islamorada, Florida Landlord/Tenant Lawyer Help?

Landlords and tenants typically prefer to avoid getting into fights with one another, for obvious reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Islamorada, Florida landlord/tenant attorney can help defuse arguments before they become too serious.