Tenant Law in Florida

The relationship between a landlord and tenant in Sarasota County, Florida can sometimes be a touchy one. Landlords and tenants are not always clear on their respective rights and responsibilities.

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

Landlord's Rights in Sarasota County, 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.

They further have a right to compensation for any damage that a tenant causes, beyond ordinary wear and tear. Landlords are free to bill the tenants for repairs to damage they caused, and deduct the cost from the security deposit.

Tenant's Rights in Sarasota County, FL

The most basic right of a tenant is the right to a living space that's fit for human habitation. This is, after all, what they're paying the landlord to provide. Landlords in Sarasota County, Florida are under a legal duty to make sure that their apartments are habitable. There are several factors that are considered in determining if an unit is habitable or not, but, generally, an unit will not be deemed habitable if it lacks any of the following: running water, electricity, heat, and protection from the elements (such as proper insulation, and windows that close).

Tenants also have a right to ensure that the common areas of their apartment building are reasonably safe. Landlords are required to make sure that the common areas of their buildings meet Sarasota County, Florida's building codes, and that there are no conditions that create unnecessary safety hazards. They are required to make, at their own expense, the required repairs.

Tenants also have rights, under federal and Florida law, to not be victims of racial, ethnic, or gender discrimination in housing, whether they are renting or buying. Additionally, landlords are not allowed to discriminate against tenants based on physical disabilities. They must also allow physically-disabled tenants to make reasonable modifications to the apartment to make it more accessible. However, the landlord can require tenants to remove those modifications and restore the property to its original condition once the tenant moves out.

Tenants are also legally protected from unfair eviction. Before a lease agreement expires, landlords cannot evict tenants unless they breach as significant term of the agreement by not paying rent, causing serious damage to the property, engaging in activities that are a nuisance to the other tenants, or engaging in illegal activity on the property, among other things.

Can a Sarasota County, Florida Landlord/Tenant Lawyer Help?

Landlords and tenants almost always prefer to avoid conflict. In a perfect world, tenants would pay rent on time, and landlords would always provide the services that they're being paid for. As we know, the world isn't perfect. When situations demonstrate the world's imperfection, a Sarasota County, Florida real estate attorney can help, whether you're a landlord or a tenant.