What Are A Landlord’s Responsibilities?

The average person may think that being a Florida landlord is an easy way to make some extra money. In reality, both tenant and landlord have rights and responsibilities clearly defined by law, and a failure to live up to these responsibilities can result in monetary fines, lawsuits, or even criminal charges in extreme cases. It is crucial to understand your responsibilities if you choose to rent out your space.

Disclosures. A landlord must always make certain disclosures to a new tenant, some of which need not even be asked for. For example, if the dwelling that the tenant is renting was built before 1978, the landlord must provide information about the possibility of lead-based paint in the unit or the building. Another required disclosure is about radon gas, whether or not it is present in the unit.

Notice. Providing proper notice to a tenant before an entry to the dwelling is crucial, to the point of being actionable if failure of notice continues. The law explicitly requires that a landlord give at least 24 hours’ notice to a tenant before they enter the rental unit, unless the entry happens in an emergency like a fire or hurricane. The tenant has the right to quiet enjoyment of the property in most cases, and repeated entries by the landlord without notice are said to infringe on that right.

Propriety. A landlord must always follow proper procedures, whether for eviction, lease termination, or any other process that might involve the court. Eviction in particular is one area where many landlords will try to avoid the court process and try to perform a “self-help” eviction, such as by locking the tenant out of the dwelling. This can lead to lawsuits, so it is critical for a landlord to act appropriately.

Maintenance. Perhaps the most important responsibility is to keep the dwelling in a habitable state – and while the definition of ‘habitable’ may vary, the crux of it is that the tenant must be able to exercise their rights in the dwelling without any kind of interference.

Contact A Tampa Landlord-Tenant Attorney

A good landlord understands their rights, but also their responsibilities to their tenants and to society at large. If you have questions or concerns before renting out your space, a Tampa landlord-tenant attorney from the Seward Law Office may be able to help. Contact our office today to schedule a consultation.

Source:

epa.gov/lead/lead-based-paint-disclosure-rule-section-1018-title-x