Tenant Law in Florida
The relationship between a landlord and tenant in Winter Park, 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 Winter Park, 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 Winter Park, FL
At the most basic level, tenants have a basic right to what they're paying for: a habitable living environment. Consequently, landlords in Winter Park, 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 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 Winter Park, Florida. Moreover, 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.
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.
Lastly, the laws of most states safeguard tenants from unfair eviction. In general, as long as a tenant is paying rent on time, and is not damaging the unit, they cannot be evicted before the term of the lease expires, unless there is a very good reason to do so (such as excessive noise caused by the tenant, or illegal activities in the apartment).
Can a Winter Park, Florida Landlord/Tenant Lawyer Help?
Landlords and tenants typically prefer to avoid getting into fights with one another, for noticeable reasons. A harmonious relationship is profitable for everyone involved. To that end, the advice of a good Winter Park, Florida landlord/tenant attorney can help defuse arguments before they become too serious.