It is always a good idea to have a good relationship with your tenant or landlord but unfortunately, that is not always the case. Misunderstandings, negligence, procrastination, indifference, and disregard for obligations on either side can cause problems and clashes of personality and temperament. It is always best to solve problems or disagreements in a civilized and considerate way. However, when things do not work out the way you wish, you will need the assistance of a Florida landlord tenant dispute attorney to help you bring justice to an unjust situation. The skilled and specialized team at Greenspoon Marder, P.A. has over twenty-five years of experience with a variety of landlord tenant concerns; we can help you solve any landlord tenant dispute issues.

 

Do you have a landlord/tenant dilemma and need a Florida Landlord Tenant Dispute Attorney to help you resolve your problem? Contact the Florida Landlord Tenant Dispute Attorneys at the law office of Greenspoon Marder, P.A. today!

 

The Florida law that deals with landlord tenant issues is the, "Civil Practice and Procedure," statute under the, "Landlord and Tenant," chapter. The chapter is divided into three parts.

 

Part I - Nonresidential Tenancies: This part applies to nonresidential tenancies and any tenancy not covered in part II.

 

Unwritten leases and certain written leases are held as tenancy at will. Any lease of lands and tenements is considered tenancy at will unless otherwise expressed in writing. Tenancy can be from year to year, quarter to quarter, month to month, or week to week depending on when the tenant pays the rent. Length of notice required for termination of tenancy depends on the type of tenancy. Most tenancies are month to month and the notice has to be at least fifteen days prior to the end of the tenancy period.

 

Part II - Residential Tenancies: the "Florida Residential Landlord and Tenant Act." This part applies to the rental of a housing unit.

 

Section 83.49 governs deposit money or advance rent and the duty of the landlord and the tenant. Any time money is deposited, advanced on a rental agreement, or as advance rent for other than the next immediate rental period, the landlord or representative must:

• Hold the total amount in a separate non-interest-bearing account in a Florida banking institution. The landlord cannot commingle that money with any other funds or use that money until it is due to the landlord.
• Hold the total amount in a separate interest-bearing account in a Florida banking institution and disburse at least 75% of the interest earned or 5% per year of simple interest to the tenant.
• Post a surety bond with the clerk of the circuit court in the county in which the residence is located in the total amount of the money held on behalf of the tenants or $50,000, whichever is less. In addition, the landlord must pay interest of 5% per year of simple interest to the tenant.

Section 3 (a) of the same statute deals with the end of the lease and provides that "Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim."

 

Part III - Self-Service Storage Space: the "Self-storage Facility Act." This part applies to the owner of a self-service storage facility or self-contained storage unit and their tenants.

 

Denying access to tenant's personal property for nonpayment of rent. The failure of a tenant to pay the rent authorizes the owner of the storage facility to deny the tenant access to the personal property in the storage facility after 5 days from the date the rent is due. Enforcement of lien requires the tenant be notified in writing either delivered in person or by certified mail to the last known address and conspicuously posted at the storage facility or on the storage unit.

 

The notice should include:

• An itemized statement of the owner's claim, showing the sum due at the time of the notice and the date when the sum became due.
• The same description, or a reasonably similar description, of the personal property as provided in the rental agreement.
• A demand for payment within a specified time not less than 14 days after delivery of the notice.
• A conspicuous statement that the personal property will be advertised for sale or other disposition and will be sold or otherwise disposed of at a specified time and place.
• The name, street address, and telephone number of the owner whom the tenant may contact to respond to the notice.

The above-mentioned articles are merely excerpts from the Florida statute. If you are facing issues with your tenant or landlord, you should consult with a qualified and experienced Florida Landlord Tenant Dispute Attorney to make sure you get the best legal representation and most favorable outcome to your landlord tenant dispute.

 

Do you have a landlord/tenant dilemma and need a Florida Landlord Tenant Dispute Attorney to help you resolve your problem? Contact the Florida Landlord Tenant Dispute Attorneys at the law office of Greenspoon Marder, P.A. today!