Tenant Law in Florida
The relationship between a landlord and tenant in Miami Dade County, 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 Miami Dade County, FL
The most important and most discernible 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.
Furthermore, landlords can bill the tenant for any damage they cause to the unit, whether it was intentional or negligent. The costs of repairs for such damage can be deducted from a tenant's security deposit, but it should be noted that tenants aren't liable for ordinary wear and tear, over which they have little control.
Tenant's Rights in Miami Dade County, FL
Most essentially, tenants have a right to get what they're paying for: a dwelling fit for human habitation. To this end, landlords have to confirm that the units they rent meet Miami Dade County, Florida's minimum standards for habitability. These requirements are usuallyy not difficult to meet. They include basic amenities such as running water, electricity, a working phone line, heating, and protection from the elements.
Furthermore, tenants are entitled to common areas which are reasonably safe and clean, and free of physical obstacles. Areas such as lobbies, hallways, stairwells, and fire escapes must comply with the building codes of Miami Dade County, Florida. Furthermore, any other unreasonable safety hazard, even if it doesn't violate a specific provision of a building code, can create liability for the landlord if it injures a tenant.
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 also 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 in most states have a right to be free from unfair eviction. Generally, lease agreements last for a set period of time, and both parties are bound by that contract. Landlords cannot arbitrarily evict clients while the lease is still in effect.
Can a Miami Dade County, Florida Landlord/Tenant Lawyer Help?
Landlords and tenants generally want to avoid conflict with one another. Nonetheless, conflicts are sometimes unavoidable. If you end up in a major dispute with a landlord or a tenant, a reputable Miami Dade County, Florida landlord/tenant attorney can help.