Top 4 Causes Of Florida Landlord-Tenant Disputes
A landlord and tenant both have incentives to keep their shared relationship cordial or at least civil – after all, both of them benefit from the contract they have signed. However, even those who have the best possible working relationship may have arguments or disputes about the property, the payment, or anything in between. While these disputes can be minor or they can result in evictions, there are some that seem to appear far more frequently than others.
Security Deposits. Landlords in Florida are permitted to collect a security deposit, to be used to repair any damages the tenant causes to the dwelling that are more serious than ordinary wear and tear. They must handle those funds appropriately, keeping them in an interest-bearing account, and if they intend to keep any part of the funds when the tenant moves out, they must serve the tenant with appropriate notice within 30 days. However, sometimes there are miscommunications or disputes about how much of the deposit, if any, the landlord is permitted to keep, and how serious any alleged damage to the unit truly is.
Repairs. All rental units experience ordinary wear and tear on their floors, appliances, and other fixtures. When something breaks, however, it is generally the responsibility of the landlord to repair it, and they must repair it within a certain time period – most leases allow 7 days from the date of receiving written notice of the breakdown. If a landlord has something come up that will delay repairs, it is entirely their responsibility to reach out to the tenant and work something out – but the law requires them to maintain the premises in habitable condition.
Privacy. While a landlord has the right to enter the premises they are renting, and a tenant may not “unreasonably refuse consent” for them to do so, a landlord may only enter for specific reasons – such as making repairs – and they can only do so at certain times, after providing notice. Some landlords will ignore these requirements, sticking to a schedule that may work better for them, but the law is clear about tenants’ right to privacy.
Subletting/Renting Out The Unit. The majority of leases across the U.S. generally forbid sublease by the tenant – that is, allowing anyone else to live in the home besides the tenant whose name is on the lease – but in Florida, this technically also includes listing your rental unit on AirBNB or VRBO. Several municipalities have ordinances against this practice, never mind landlords, but if a tenant does this, it will often constitute a breach of the lease. Depending on the landlord, a breach of the lease may result in a very quick eviction.
Contact A Tampa Landlord-Tenant Attorney
Many landlord-tenant disputes can be avoided, or at least handled professionally, if the two sides keep a good working relationship. However, sometimes that relationship does go south, and a knowledgeable Tampa landlord-tenant attorney from the Seward Law Office can help guide you through the legal process, whether as a landlord or a tenant. Call our office today at 813-252-6789 to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2023/83.49
