Tenant Law in Florida
The relationship between a landlord and tenant in West Melbourne, 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 West Melbourne, FL
The most basic right that landlords have is the right to be paid the agreed-upon rent by their tenant. Obviously, renting apartments is how landlords make a living, so they are entitled to collect the rent that the tenant agreed to pay.
Landlords also have a right to be free from damage to the rented unit. Tenants are expected not to damage their dwellings, intentionally or negligently. Landlords can deduct the cost of repairs from the tenant's security deposit. In general, tenants are not responsible for damage resulting from ordinary wear and tear.
Tenant's Rights in West Melbourne, FL
At the most basic level, tenants have a basic right to what they're paying for: a habitable living environment. Consequently, landlords in West Melbourne, Florida must ensure that the units they rent to tenants meet some basic standards for human habitation. These requirements vary from state to state, but are often fairly easy to meet. There are no legal criteria that rented units be pretty, particularly spacious, or luxurious. They simply have to be fit for human beings to live in them. To be considered "habitable," rented units must have water, electricity, some form of heating (if the local climate necessitates it), and adequate protection from the elements (proper insulation, no roof leaks, windows that close, etc.).
Moreover, tenants are entitled to common areas that are reasonable safe and sanitary. The common areas of an apartment building would include lobbies, laundry rooms, stairwells, hallways, and fire escapes (basically, any part of the building which all of the tenants can access). In West Melbourne, Florida, these areas must be kept reasonably clean and safe.
In the United States, and most likely under the statutes of Florida, it is unlawful for renters or sellers of real estate to discriminate on the basis of race, gender, national origin, color, or religion. Doing so can subject a landlord to harsh civil penalties. Additionally, they cannot discriminate based on physical disabilities, either. Tenants with physical disabilities, who are otherwise qualified to rent an apartment (they are able to pay, have good credit, etc.) are entitled to make reasonable modifications to the apartment to make it more accessible to them, and the landlord generally can't bar a tenant from doing this, as long as the modifications are not too extensive, and are reversible. The landlord can, however, require the tenant to remove the modifications, at the tenant's expense, when they move out.
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 West Melbourne, 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 West Melbourne, Florida landlord/tenant attorney can help.