Renting a house, apartment, or condo requires a valid legal contract; a rental agreement. While it is always best to have a written lease, a verbal agreement may also be used if the lease term is for less than one year. Either way, a lease awards rights to, and imposes obligations on, both landlord and tenant.
As a landlord, you have the right to receive rent for the use of any property you rent out, and to have the property returned to you in the same condition it was received upon lease termination.
Tenants have the right to enjoy a safe home that conforms to code requirements and free from landlord interference.. The lease determines who is obligated to make repairs and perform maintenance.
It is unlawful to increase rent beyond what is required under the lease, to lock a tenant out, to shut off utilities, or to remove doors or appliances. If a tenant continues to reside on the premises after the date the lease terminates, a 15 day written notice must be given to cancel month-to-month leases and 7 days notice must be given for week-to-week leases.
To all landlords with interest in Florida real estate, a small but very welcome change in real estate conveyances became law on July 1, 2020. After June 30, 2020, it is no longer required to have witnesses join in a real property lease – whether commercial or residential – for it to be valid.
If the tenant ceases to pay rent and abandons the property, the landlord may re-let the premises. If the tenant fails to pay the rent, refuses to leave the property when the rental agreement ends, or abandons the property but leaves their possessions, it is important to contact an attorney and take the proper legal steps before attempting to dispose of their property or reclaim possession. Evictions may only be performed through court process.
These helpful hints are intended to be general guides of landlords and tenants rights and responsibilities and should not be relied on. It is important that you consult a licensed real estate attorney to advise how Florida law applies to your particular situation.
Florida National Title Services
Florida National Title is available to help with many of your real estate needs. Florida National Title Services works under the supervision of attorneys Michele Lewis and Richard S. Weinstein, experienced real estate attorneys. They work to ensure the title of the home you desire is clear and marketable and that title insurance policies are properly issued.
Florida National Title Services provides expert title services. When you are renting, we can help with every step of the way. Florida National Title has years of experience guiding Florida homebuyers through the real estate purchase and refinance experience and have helped them solve the problems that come up in the process. We will decipher the “legalese” and explain what we need and why we need it each step of the way. The blogs to follow will address specific issues to guide buyers to understand the process better and to help them avoid many of the pitfalls. Call us at (561) 408-0729 or visit our website.
Florida National Title Services, LLC
]250 S. Central Blvd., Suite 101
Jupiter, Florida 33458
© Copyright 2020. All Rights Reserved.