If you rent a house, apartment, condominium or mobile home to another person, you enter into a legal contract known as a rental agreement. This agreement has certain basic conditions specified by law, and you should understand them before you enter into the agreement.
Landlords have the right to receive rent and have their property returned undamaged at the end of the agreement, but also have the duty to provide a home that is safe and meets housing code requirements.
The tenant's right to peaceful possession means that you may not enter the home frequently, at odd hours or without notice.
You have the right to inspect your property, but you must give a reasonable notice of at least 12 hours.
It is unlawful to increase a tenant's rent or decrease services to a tenant in a discriminatory manner.
It is unlawful to lock a tenant out, shut off utilities, remove doors, appliances or the tenant's property from the home.
To end a tenancy, you must give at least 15 days' notice in writing before the end of any monthly period or seven days' notice before the end of any weekly period.
If the landlord and tenant have an agreement in writing, it is best to include restrictions on the number of adults and children or types of pets allowed.
A tenant's rights usually terminate when they permanently move out before the end of the rental term and leave the property vacant. You may re-enter the dwelling unit after an abandonment, but you should consider legal advice.
When a tenant fails to pay the rent or refuses to move out at the end of the rental term, you can evict the tenant without having a hearing first, though you must get a court order before evicting the tenant.
If you want to evict a tenant, you must wait 20 days to set a hearing on damages. If the judge agrees, a sheriff will serve an eviction notice on the tenant.
Because these proceedings are so technical, you should have an attorney review the notices you have given and the ways you have served them to avoid serious delay.
You must understand the landlord/tenant relationship and its various provisions before you rent your property to anyone. You may collect rent and inspect the property on reasonable notice or in an emergency.
If you require more information in this regard, we recommend that you read the following article, published by The Florida Bar, (2019) Consumer Pamphlet: Rights and Duties of Tenants and Landlords.
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