What Rights and Responsibilities Do Landlords Have in Florida?
In Florida, landlords need a legal contract in order to rent out their house, condo, or apartment. This contract can be a written lease or it can be a verbal rental agreement if for less than a year. Landlords have specific rights and responsibilities they must adhere to. While a verbal agreement can be used, it is wise to hire a real estate attorney to help write a written lease outlining all of the terms and conditions.
Landlords must provide tenants with a habitable dwelling that meets code requriements and to allow the tenant to live on and enjoy the premises free from landlord interference. . Depending on the contract, Landlords may or may not be required to make necessary repairs. In exchange, a landlord has the right to receive rent for the use of any property and to have the property returned at the conclusion of the lease in the same condition as it was received.
Landlords must notify any applicant who is a member of the armed forces and on active duty, of approval or denial within seven days. To end a lease, landlords must give a 15 day written notice for month-to-month leases and a 7 day written notice for week-to-week leases. If a tenant has abandoned the property, this notice can be posted on the door. It is important to contact an attorney and take the proper legal steps before attempting to dispose of any property or evict a tenant. Any eviction must be handled through the courts and it is illegal for a landlord to forcibly evict a tenant other than through the judicial process.
To all landlords with interest in Florida real estate, a small but very welcome change in real estate conveyances became effective 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.
Florida Gov. Ron DeSantis signed HB 469 on June 27, 2020. A change welcomed by Florida landlords, it removes the requirement under Section 689.01 of the Florida Statutes that a landlord must have two witnesses when signing a lease for a term of more than one year. HB 469 provides that no subscribing witnesses are required for a lease of real property, eliminating the requirement that two subscribing witnesses be present
Richard S. Weinstein
A real estate attorney can help you with all of your real estate needs, from writing a lease to eviction.. Richard S. Weinstein is an experienced real estate attorney and title agent who can help you with all of your real estate transactions. Having legal representation makes good real estate business sense. A competent and experienced attorney will protect your interests.
With over 50 years of experience as an attorney, Richard S. Weinstein assists clients with the important financial situations in their lives. Whether you are dealing with bankruptcy, real estate (both commercial and residential, including short sales, foreclosures, and title insurance), estate planning, probate, business formations, or sales or mergers, Richard S. Weinstein is the attorney with the education, experience, and knowledge you need! Call us at (561) 745-3040 or visit his website at rweinsteinlaw.com.
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