Essay on Landlord Tenant Eviction Process Laws in Florida

Tenants’ Right to Withhold Rent

It is known that in 1993 Florida Legislature added a new section which provides that if the lease is silent on the procedure of repairing the leased premises and at the same time it is silent on rent payment connected with repair, the tenants in Florida have some new rights according to the statute of Florida. This statute provides the fact that it will apply only in case the rendered premises are rendered entirely untenantable as a result of landlord’s fault to repair the rental property. In this case the tenant should give the landlord a written notice which will inform him that the rental premises are out of order, in other words untenantable. The tenant may describe the repair that should be performed. It is necessary to state that the tenant can withhold the rent for the next rental period. In this case 20 days are given to the landlord to make repairs of the rental premises. When the repairs are made the tenant pays the rent which was withheld. If the landlord does not make repairs in a due time, the parties have the right to extend the time or the tenant may leave the rental property without paying the rent payment. (Newmann)

Tenant Protection Laws in Florida

Both the landlords and the tenants have their rights. According to Florida Statutes (Chapter 83, part II), tenants have some privileges from the state. They are the right to privacy which denotes the freedom of personal relations, a clean living environment which denotes good sanitary conditions of the rental premises, an advanced notice which denotes that the tenants of Florida will know beforehand about the landlord’s changes of terms in the rental agreement. In case a landlord infringes the rights the tenant may go to the law. (Florida Senate. Residential tenancies.)

Additional Payments from the Tenants. According to Florida Statutes (Section 83,49), the landlords have the right to take some additional payments from the tenants for the damage or loss they can cause living in the rental premises or for the damage caused by their pets. After leaving the rental apartment or a house, tenants may ask for these payments and the landlords should return them their money in full if no damage was causes within 15 days. In case the landlords have claims concerning the condition of the rental apartment they should return the additional payment without cost of the damages. It should be done within 30 days. Those tenants who do not agree with the claims of the landlords should file an action to the court of the city they lived.

In case the landlords does not give back the additional money within 30 days, according to Florida Statutes they should return full sum of money to the tenants without damage claims.

Maintenance of the Rental Property in a good Sanitary Order. According to Florida Statute (Section 83,51(2)), the landlords should take care of their rental property. They should maintain the walls and the windows in a proper way. They should care of the roof too. All the electrical components which are situated in the rental apartment should be in a proper working order and should have plumbing. (U.S. Department of Housing and Urban development)

Landlords should provide safety of the tenants in the rental premises. According to Florida Statute (Section 84,51(2)), the landlords should exterminate all the pests in the rental premises such as rats mice, termites and ants. To organize the removal of garbage and cleaning swimming pools which are on the rental territory are included in the landlord’s duties.

Landlord’s Right to Inspect the Rental Property. The landlords have the right to inspect the tenant’s property only in case they gave the advanced notice to the tenant. Landlords have no right to enter the rental property without the tenant’s permission. (Florida Senate. Residential tenancies.)

Landlord’s Termination of the Rental Agreement. If the landlord wants to terminate the tenant’s residency he should inform the tenant in a written form according to the Florida Statute (Section 83,57). If this amount of time is not stated in the rental agreement, he should serve 7-days notice for a weekly lease, 15-days notice for a monthly lease, 30-days notice for a three months lease and 60-days’ notice for a yearly lease. He has no right to terminate rental agreement without notice. (Newmann)

 Interview

In order to synthesis information from a different sources and to support the thesis of the independent research project it is necessary to interview both the landlords and the tenants of the state Florida. The first interview represents an interview with a landlord Mr. Green who rents his house. His tenants are a young family where there are two small children Mike and Mary. Mike is only 2, Mary is 16.

Interviewer: Hi! What can you say about your small business which is leasing. Is it a profitable business for you?

Landlord:Hello! I think, yes. This is a rather profitable business for me. Although it requires much attention and cares.

Interviewer: Are you satisfied with your tenants? Have they ever disturbed you?

Landlord: I can say that my tenants are delightful people, absolutely delightful. I have never had any problems with rental payments. They always pay in time. Although there were some problems with their cats. They have two cats. Sometimes they can break something.

Interviewer: What was your reaction?

Landlord: I know the Florida rental law. According to the Florida Statute, they have to pay additional payments for the damages caused by their cats. They like to tear the wallpaper in the hall.

The second interview was held in the local court. The landlord Mr. Brown has filed an eviction.

Interviewer: Hi! What are the reasons which led you in the court? Why are you here?

Landlord: Hello! I have filed an eviction because my tenant refuses to pay a monthly rental payment. Moreover, he does not want to leave the apartment.

Interviewer: What are your actions in this situation?

Landlord: I have already sent my tenant a three day notice which tells to vacate the apartment. But he is still in my apartment.

Using the above mentioned interviews we can conclude that our landlords act according  to the Florida rental law. They know their duties and rights. It is a very good result.