Landlord Tenant Lease Agreements are binding contracts and include obligations that both the landlord and the tenant have to uphold. As long as the tenant and landlord meet their lease and legal obligations, they can avoid conflict. However, when the parties disagree about these obligations, fail to uphold them, or treat the other party unfairly, the relationship becomes more complicated. Tenants may be trapped in a lease with a landlord who refuses to maintain the property or address problems, while landlords may encounter tenants who fail to pay rent or damage the property.
While the state does not require written rental agreements, a written lease could help you understand your legal obligations. A persistent Miami landlord and tenant dispute lawyer could help resolve disputes regarding lease agreements, damage concerns, and property rights. A property law attorney could review your case and provide guidance on the next steps.
A landlord’s primary right is to receive rent in exchange for allowing someone else to use their property. The tenant is responsible for paying rent timely and returning the property in the same condition it was received, except for ordinary wear and tear. Excessive property damage could result in financial liability, which many landlords address by requiring tenants to pay a security deposit.
This often leads to disagreements, as some landlords may have unrealistic expectations about what is considered typical wear and tear, expecting the property to remain exactly the same at the end of a lease. On the other hand, some tenants may cause damage and claim it is standard wear and tear.
One common cause of landlord-tenant disputes involves the landlord’s right to enter the property. While the tenant has the right to use the property without interference, the landlord is permitted to inspect the property if they give the tenant at least 12 hours’ notice. This often becomes an issue towards the end of a lease when a landlord is showing the property to prospective tenants or buyers. However, if a tenant moves out before the lease ends, leaving the property vacant, the landlord can consider it abandoned after 15 days.
Living in such close proximity to the water, mold is also a big issue that comes up between landlord and tenant. Often, tenants fail to maintain the air conditioner or leave the window open; similarly, a landlord may fail to fix something when told of the problem. This leads to mold in the property, which can quickly escalate and spread to furniture and clothing. A tenant must provide timely written notice to the landlord under Florida Statutes § 83.51 in order for the landlord to be required to act within seven days. If the seven-day notice is not provided, a tenant cannot withhold rent or terminate the lease and vacate the property.
Finally, a landlord must give the tenant notice to end the rental agreement. A lease will typically specify a move-out date. However, in a month-to-month agreement, the laws changed in Florida after COVID-19, requiring the landlord to give the tenant at least 30 days’ notice before the end of the monthly period to end the agreement. For weekly rental agreements, the notice period is 7 days. If the lease requires a longer notice period before terminating the agreement, the landlord must comply with those terms. Only after giving proper notice can a landlord evict a tenant.
A Miami rental dispute lawyer could help both parties understand their legal rights and contractual obligations and protect their interests throughout the process.
Double rent serves as a form of damages to compensate the landlord for the time and effort spent removing the tenant from the property. Additionally, a holdover could delay the move-in process for new tenants.
Rental agreements also establish rights and responsibilities for tenants. Tenants are required to notify their landlord in writing of repairs or property issues. Failure to do so could forfeit a tenant’s right to request repairs. Conversely, a landlord who fails to make timely repairs may also risk forfeiting certain rights.
A landlord-tenant dispute lawyer serving Miami could assist a landlord or tenant in navigating state laws and working toward a favorable outcome.
An attorney could protect an individual’s rights in a landlord and tenant dispute in Miami and advocate for an effective resolution. Jacqueline A. Salcines, P.A. represents both landlords and tenants in matters including:
Consulting a lawyer could be crucial for achieving a prompt resolution that ensures the best possible outcome for everyone involved.
Landlord and tenant disagreements can quickly escalate into lengthy legal battles if not addressed efficiently. A Miami landlord and tenant dispute lawyer could offer tailored legal representation and guidance throughout your case. For more information, get in touch with our office today.
Jacqueline A. Salcines
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