Tenant Law in Florida
The relationship between a landlord and tenant in Palm Bay, 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 Palm Bay, FL
The most important and most noticeable 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.
Moreover, 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 responsible for usual wear and tear, over which they have little control.
Tenant's Rights in Palm Bay, FL
Much like landlords have a right to get paid for the service they provide, tenants have a right to get what they pay for: a suitable place to live. In Palm Bay, Florida, all residential rental agreements carry an "implied warranty of habitability." This means that a landlord implicitly guarantees that any residence he or she rents will be fit for human habitation. In general, an unit will be automatically deemed uninhabitable if it lacks running water, electricity, heat, and adequate protection from the elements. There are several more factors that can be considered, as well, but those are some of the basics.
In addition to habitable living spaces, tenants also have a right to reasonably safe common areas. Common areas include lobbies, hallways, and stairwells - basically anything that everyone living in an apartment complex has access to. These common areas must meet the building standards of Palm Bay, Florida, and must not contain any unnecessary safety hazards.
A tenant also has a right, under federal law and the laws of Florida to be free from discrimination in housing based on race, color, national origin, religion, or gender. Landlords can additionally not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.
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 Palm Bay, Florida Landlord/Tenant Lawyer Help?
Tenants and landlords always want to avoid getting into any serious disputes - these disputes interfere with the tenant's living arrangement, and the landlord's business. In short, they help nobody. While a good Palm Bay, Florida attorney can certainly help his or her client prevail in such a dispute, they may be more valuable for their ability to help prevent such disputes from escalating in the first place.