When a person pays rent to live in a house, apartment, condominium or mobile home, they become a tenant governed by Florida law. A tenant's rights are specified in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act, and federal law. If there is no written lease, the Florida Residential Landlord Tenant Act prevails.
A tenant is entitled to private, peaceful possession of the dwelling, and the landlord may enter the dwelling only to inspect the premises or make necessary or agreed upon repairs.
The landlord must rent a dwelling that is fit to be lived in, and must install working smoke detectors and comply with local health, building and safety codes.
If the landlord contends that the tenant has violated the rental agreement, he must give the tenant time to correct the problem.
If a tenant commits a serious act endangering the property, the landlord still must go to court to evict the tenant.
If the landlord requires a security deposit, the landlord must return the full amount within 15 days or give the tenant written notice of why some or all of it won't be returned within 30 days.
Under very aggravated circumstances, the tenant has the right to withhold rent when the landlord fails to comply with an important responsibility. However, the tenant must preserve the money and seek court assistance.
The tenant has the right to move out if the landlord has failed to live up to a major obligation, but the tenant may be liable for the landlord's costs and attorney's fees if the tenant loses in court.
A tenant must pay the rent and do so on time, comply with building, housing and health codes, keep the dwelling clean and maintain the plumbing.
A landlord can't evict a tenant in retaliation for legitimate complaints about housing conditions to proper authorities. The landlord has to give the tenant notice of the problem and get a court order.
If a tenant is served with papers seeking eviction, the tenant should immediately seek legal assistance. The tenant may have legal defenses, such as not violating tenant responsibilities, or paying into the court registry past-due rent.
If your rented property is foreclosed upon, you may have rights under federal law to remain in the property under your existing lease. However, you should consult with an attorney to determine your rights.
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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