Tenant Law in Florida
The relationship between a landlord and tenant in Palm Beach Gardens, 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 Palm Beach Gardens, 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 Palm Beach Gardens, 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 reside. In Palm Beach Gardens, 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 acceptable protection from the elements. There are numerous 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 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 Palm Beach Gardens, 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 also not discriminate against persons with disabilities, and must make reasonable accommodations for those disabilities.
Lastly, tenants are legally protected from arbitrary eviction. Landlords generally 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 Palm Beach Gardens, Florida Landlord/Tenant Lawyer Help?
Landlords and tenants usually prefer to avoid getting into fights with one another, for discernible reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Palm Beach Gardens, Florida landlord/tenant attorney can help defuse arguments before they become too serious.