Tenant Law in Florida

The relationship between a landlord and tenant in Pinellas 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 Pinellas County, FL

The most important and most apparent 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 Pinellas County, 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 Pinellas County, 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.

Additionally, tenants have rights to common areas that are free of physical obstructions, as well as serious health and safety hazards. Common areas are the places in apartment buildings and other residential complexes which every tenant can access, and include hallways, stairwells, and fire escapes. In Pinellas County, Florida, these areas must be kept in a safe condition, at the landlord's expense.

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 severe 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 example, 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.

Finally, tenants in most states have a right to be free from unfair eviction. Usually, 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 Pinellas County, Florida Landlord/Tenant Lawyer Help?

Landlords and tenants generally want to avoid conflict with one another. However, conflicts are sometimes unavoidable. If you end up in a major dispute with a landlord or a tenant, a knowledgeable Pinellas County, Florida landlord/tenant attorney can help.