Landlord and tenant disputes are very common and come from a number of different situations.
Florida Consumer Lawyers can assist you with your landlord or tenant issues regardless no matter your situation. Florida's landlord tenant relationship is governed by Chapter 83 of the Florida Statutes.
How We Help Landlords:
Drafting Lease Agreements: In our experience, most landlords use a standard form lease they found online or were given by someone else. Using standard forms for leases is not ideal and it is imperative that any landlord use a lease that meets their needs. Often times, many issues are overlooked such as responsibility for lawn and pool maintenance, options to extend lease, liquidated damages, and proper notices of termination. Florida Consumer Lawyers will sit down with you and tailor a specific, detailed lease that fits your objectives as a landlord.
Eviction: If you're evicting a tenant you don't want to do this on your own. Many landlords make the mistake of handling their own evictions because they seem simple at first glance. However, once filed and applied to the current state of our court system, they often become slow moving and complicated. Tenants often claim defenses, valid or not, which will significantly slow down the eviction process. It is important that landlords get everything right on the front end of the eviction. All pre-eviction notices must be correct and served correctly or you will experience significant delays. One misstep by a landlord representing themselves could leave you on the hook for their tenant's attorney fees. Evictions can be for money related or non-money related reasons so it is important to consult with a lawyer prior to sending out any pre-eviction notices. Florida Consumer Lawyers handles evictions from first notice to final judgment and writ of possession.
Security Deposits and Damages: Landlords have 30 days to put their tenant on notice of a claim to impose damages on the security deposit. Often times landlords waive claims to deposits by not following the letter of the law once their tenants move out. Further, damages often go well beyond the security deposit. Damage claims are complicated and evidence driven. These claims often outlast the actual eviction and a consulting with an experienced lawyer regarding the costs vs benefits of pursuing additional damages is crucial to operating a successful business as a landlord.
How We Help Tenants:
Tenants do have rights, written into Florida law, that landlords cannot ignore or have the tenants sign away. In Florida, a rental property has to meet certain standards.
Money Collections: Landlords, especially corporate landlords, often overcharge tenants for late fees or other penalties that they are not entitled to charge for. We have also seen numerous instances where corporate landlords misapply rental payments and cause additional late fees and penalties to accrue as a result of their misconduct. Florida Consumer Lawyers has a long and strong history of suing corporate landlords for violations of the Florida Consumer Collections Protection Act. If you think you are being overcharged please call us today.
Habitability of the Premise: Landlords must provide a residence in a livable condition. If the property is in such a state of disrepair that it is uninhabitable, such as no air conditioning, mold issues, pest infestation, a tenant may be able to break the lease early or possibly withhold rent payments to either deal with the problem themselves or force the landlord to do so.
If you are a landlord or a tenant and are having issues, contact Florida Consumer Lawyers today to schedule your FREE consultation.