Landlord & Tenant Law
A landlord and a tenant are equal parties when they enter into a landlord-tenant relationship. While disputes may arise, a well drafted lease minimizes the misunderstandings and facilitates a quicker dispute resolution. In Florida, Florida Statute 83 governs landlord-tenant law, with Statutes 83.001 through 83.251 focusing on Nonresidential Tenancies , and Statutes 83.40 through 83.62 focusing on Residential Tenancies. Please also refer to our postings on landlord-tenant law.
A lease is an agreement between the landlord and the tenant to rent a piece of property. A lease can be both oral or written. While both types of leases are binding contracts, a written lease is the preferred format when renting property because it sets forth all the terms of what the parties have agreed upon, in writing, and allows for fewer misunderstandings since the terms are memorialized in writing for both parties to review. Many times a standard lease is all that is needed for the renting of a property, but there are situations where specific issues need to be address (such as a triple net lease, where the tenant agrees to pay taxes, insurance and maintenance in addition to rent). Our office handles both commercial and residential leases, and can customize any type of provisions that might need to be addressed.
A problem tenant can be very stressful on a landlord. Florida law allows for a landlord to evict a tenant, typically for nonpayment of rent or for a violation of the lease. There are specific guidelines that are set forth that must be followed by the landlord in order to properly evict a tenant. Florida law is very specific in awarding attorney fees to the winning party in a landlord-tenant dispute, so it is essential that a landlord follows the Florida eviction procedures to the letter. The eviction process typically includes the following (please note that there are variances as to what is required, specifically in a mobile home eviction): (1) 3-Day Notice to Pay Rent; (2) Complaint for Possession; (3) 5-Day Summons; (4) Motion for Clerk’s Default; (5) Motion for Default Final Judgment; (6) Default Final Judgment; and (7) Writ of Possession. Our office offers a flat rate eviction package that includes all costs up to the Writ of Possession (which is not always required), and includes court costs. Our belief, is that by offering a flat rate, a landlord knows all the fees associated with the eviction up front. Please go to our online eviction intake form, view our blog entries concerning landlord & tenant law, or contact our office at 386-676-0199 to discuss if the eviction process is applicable for your situation.