Landlord and Tenant Law Attorneys Melbourne, FL

Melbourne, Florida landlord tenant law attorneys know that when a person owns residential or commercial real estate, it is inevitable that at some point or another, that property owner will have to deal with a tenant who is late paying their rent. Even when the landlord is willing to work with the tenant and give them some flexibility to catch up, unfortunately, there are situations where even that doesn’t work out and the property owner may be forced to begin formal eviction proceedings.

If you are a landlord who is having issues with your tenants, contact the Law Offices of Arcadier, Biggie & Wood to meet with one of our landlord tenant law attorneys in Melbourne, FL, and let us discuss what your legal options are in these situations. Your attorney will explain the legal process that is required by the state of Florida when it comes to the eviction process.

Landlord & Tenant Laws Melbourne, FL

Landlord Tenant Law is a contractual relationship between someone who owns property and someone that wants a temporary use of that property. Generally speaking, there are two general categories of the landlord and tenant relationship.

1. Residential tenancies which are governed under Florida Statute Chapter 83 (83.001 – 83.251) and
2. Commercial tenancies which are governed under Florida Statutes 83.40 – 83.682

In addition to the laws and procedures established by Florida Law as prescribed by Statute, the landlord and tenants usually enter into a written contract or lease which further establishes the relationship among the parties. Generally speaking, if a legal requirement is provided by Statute, the Statute overwrites the contract, unless it is a default statute.

Some of the issues which commonly arise in the relationship between landlord and tenant include:

There are several issues that may arise between a landlord and his/her tenant. For instance, issues related to repairs, security deposit refund, rent arrears, service charges, unsuitability of property, pets and anti-social behavior.

If a dispute arises between a property owner and a renter, it is advisable for both the parties to seek legal advice regarding their rights and responsibilities. Subsequently, both can make informed decisions about their next move.

Third party mediation can also be sought to resolve a dispute of this nature. Taking a litigious route to the same would result in spiraling expenses and hampering of day to day life activities to a considerable extent.

Breaches by Landlord

Breaches of the law or the lease agreement by the landlord may provide certain defenses to a tenant for tenant’s own breaches such as failure to pay rent. In gross situations, the term “slumlord” is used for an unscrupulous landlord who reaps profit from his property with no concerns for renters, neighborhood or long-term interests of their own. These are usually absentee landlords, who own more than a single property, and minimize property maintenance expenses to maximize profit margin at the expense of safety and comfort of the tenant.

Usually, landlords maintain their property well to attract tenants who can pay higher rents.

In order for the landlord’s acts or neglect to constitute a breach, usually one of the following types of conditions should exist:

• Sanitation issues.
• Structurally unsafe exteriors, roof, walls, porches or railings.
• Perilous gas or electrical connections
• Dearth of safe, quick egress.
• Accumulation of any kind of waste, combustible materials, dangerous liquids or explosive materials.

Over-extending Lease

Some landlords offer tenants to enter into a lengthy multi-year leases by offering better terms. This can, however, turn out to be a double-edged sword, in the form of a high early termination penalty, if the tenant wants to or needs to move out before the lease expires. Options, rather than obligatory terms is usually a viable option.

Hence, it is advisable to start with a two-year lease at the most, to avoid landlord / tenant issues in the future.

Security Deposits

Every state in the US allows a landlord to ask for a security deposit from the tenant. However, every state frames different laws for doing that. A property owner must check with an experience local attorney to ensure the right procedures are followed.

Following are the factors pertaining to security deposits must be considered:

• Amount of security deposit
• Where security deposit is to be held
• Is deposit in an interest bearing account?
• Any part of the deposit non-refundable
• What constitutes normal wear and tear, versus legitimate damages caused onto the property
• The notices required by both tenant and landlord.

Termination of Lease 

Early termination of rental lease agreement may result in heavy penalties for the landlord or tenant. The policy varies from agreement to agreement, and the particulars of the case. If a tenant fails to pay the lease amount, and the tenant refuses to leave, then an eviction process needs to be followed.

It is important to follow the law in order to preserve the eviction proceedings. Failure to follow these rules can result in the courts dismissing your case and requiring you begin the process all over again. This means precious time is lost, as well as potential financial losses for the property owner.

Landlord tenant law attorneys in Melbourne FL from our firm know that communication is critical when it comes to preventing any misunderstandings between the landlord and the tenant. When a tenant fails to pay their rent on the date it is due and does not reach out to the landlord to explain why, the landlord should initiate contact, especially if this is not something that usually occurs.

When speaking with the tenant, if the landlord determines that something has changed in the tenant’s financial situation – i.e. they have lost their job or going through a divorce – then it may be in everyone’s best interest to allow the tenant to get out of their lease. If the landlord does make this offer, then they need to make sure the tenant understands there is a very small window for this opportunity (several days).

Unfortunately, many of these situations do not always resolve themselves so easily and the landlord is forced to retain the services of one of the landlord tenant law attorneys in Melbourne FL to begin the eviction proceeding. The first step to this process is to give the opportunity for the tenant to pay the rent that is owed. The tenant must be notified of this in writing. The notice to quit your attorney sends will include the total amount of rent that must be paid in full and how many days the tenant has to pay it. Florida law requires that tenants be given at least three business days to pay what they owe. The notice will also state that failure to pay in full within the required time will terminate the lease.

If the tenant fails to pay in full within those three days, your attorney will then file an eviction lawsuit with the courts. The tenant will then be served with the notice of the eviction lawsuit, usually by a process server or by the county sheriff’s office. Tenants then have five days to respond to the eviction summons. If the tenant files a response with the court, the landlord’s attorney will contact the court to have an eviction hearing scheduled. If the tenant fails to respond, the attorney will file a motion for a default judgment with the court. Either scenario will result in the court making a decision on whether or not the landlord has valid cause to evict the tenant.

Be Sure to Avoid These Landlord Tenant Issues!

There are several issues that may arise between a landlord and his/her tenant. For instance, issues related to repairs, security deposit refund, rent arrears, service charges, uninhabitability of property, pets and, the worst of all, anti-social behavior.

Landlords and Tenant Issues – Disputes

If a dispute arises between a property owner and a renter, it is advisable for both the parties to seek legal advice regarding their rights and responsibilities. Subsequently, both can make informed decisions about their next move.

Third party mediation can also be sought to resolve a dispute of this nature. Taking a litigious route to the same would result in spiraling expenses and hampering of day to day life activities to a considerable extent.

Slum Lords

Generally, the term slumlord is used for an unscrupulous landlord who reaps profit from his property with no concerns for renters, neighborhood or long-term interests of their own. These are usually absentee landlords, who own more than a single property, and minimize property maintenance expenses to maximize profit margin.

Such landlords contribute a great deal to problems that arise between landlords and tenants. Usually, landlords maintain their property very well to attract tenants who can pay higher rents. Contrastingly, slum landlords or slumlords hardly spend on property maintenance and offer low rental rates to attract tenants with bare minimum capacity to pay the same.

A slumlord property is a deteriorated residential rental property manifesting at least one of the following conditions, hazardous to public safety:

• Structurally unsafe exteriors, roof, walls, porches or railings.
• Dearth of sanitation facilities, potable water or waste pipes.
• Perilous gas or electrical connections
• Dearth of safe, quick egress.
• Accumulation of any kind of waste, combustible materials, dangerous liquids or explosive materials.

Overextending Lease

Certain landlords try to lure tenants to enter into a lengthy multi-year lease by offering better terms. This can, however, turn out to be a catch, in the form of a high early termination penalty, if the tenant wants to or needs to move out before the lease expires.

Hence, it is advisable to start with a two-year lease at the most, to avoid landlord / tenant issues in the future.

Security Deposits

Every state in the US allows a landlord to ask for a security deposit from the tenant. However, every state frames different laws for doing that. A property owner must check with their local government to ensure following the right protocols.

Following are the factors pertaining to security deposits you must consider before asking for it from your tenant:

• Whether there’s a security deposit limit in your county/city
• Can a non-refundable deposit be charged
• Rules pertaining to the storage of security deposit, if any
• Whether or not there’s a need of providing a written notice to the tenant after obtaining the security deposit
• The cases in which a landlord can keep / must return the security deposit

Termination of Lease in the Middle

As discussed earlier, early termination of rental lease agreement may result in heavy penalties for the landlord or tenant. The policy varies from agreement to agreement, but usually the lease terminator needs to pay a month’s rent as penalty if termination is sought in the middle.

Melbourne, Florida Landlord Tenant Law Attorneys Can Help

If you are a property owner dealing with tenants who have not paid their rent or other lease violations, contact the Law Office of Arcadier, Biggie & Wood to speak with one of our landlord tenant law attorneys Melbourne, FL clients trust today.

When You May Need to Hire a Landlord Tenant Lawyer

While being a landlord can be lucrative, it can also be stressful at times. As a landlord, you may encounter various legal issues throughout the years. It’s important to know when it’s necessary to have legal assistance. Here are a few signs that you may need to hire a landlord tenant lawyer.

• You want to evict a tenant. Whether it is due to non-payment of rent or damage to the property, you may have to evict a tenant at some point. However, evicting a tenant isn’t always so easy. Some tenants may fight an eviction and even hire their own lawyer. In this situation, it may be necessary to work with a landlord tenant lawyer.

• You’re being sued for premises liability. Landlords are required to keep their buildings safe for tenants and visitors. If they fail to do this and someone gets hurt because of it, these landlords may face a premises liability lawsuit. For example, if you never replaced torn carpeting in the lobby and someone suffered a slip and fall accident, that person may sue you. In this case, it’s important to consult a lawyer.

• You’re drafting a lease for the first time. If you are a new landlord and want to create your first lease, it’s helpful to have a lawyer on your side. A lawyer will carefully review the lease to make sure it reflects your best interests.

• You’ve been accused of discrimination. Sometimes prospective tenants may accuse you of discrimination if you reject their application. This can happen even if you’ve followed all the Department of Housing and Urban Development guidelines. You may face a lawsuit, which can hurt your pocketbook and reputation. That is why you should speak to a landlord tenant lawyer as soon as possible. A lawyer can help you mitigate the issue quicker.

• A tenant is suing for property damage. If a tenant’s property gets damaged from a leaky roof or other issue, he or she may try to sue you. If the damage is fairly minor, your insurance policy may be able to take care of the claim. On the other hand, if the damage was significant, it may be in your best interest to hire a lawyer. He or she will represent through the entire process of claim and protect your legal rights.