Brunelli Law

Resolving Disputes as a Landlord with your Tenants

Trust Brunelli Law, P.A. to guide Florida landlords through the complexities of tenant disputes, from security deposits to evictions, ensuring legal compliance and effective resolution that saves both...
@admin 5 October 2023
Landlord with your Tenants

As a landlord you’ve probably encountered stories about difficult tenants who refuse to pay rent on time or damage your property – making it an expensive ordeal for all involved parties. These conflicts may eventually turn into legal battles that require significant money and time investments while both parties experience anxiety and irritation. It’s essential to understand common issues that may arise between landlords and tenants so that you can take preventative measures against them.

This article aims to identify the most typical disputes between landlords and tenants while providing strategies for avoiding expensive lawsuits. As long as landlords comprehend their rights alongside their duties with regards to tenancy agreements they can maintain cordial relationships with renters while avoiding costly legal procedures.

Security Deposits

Renting out property can be an excellent source of income for landlords in Florida; however this type of business arrangement often involves conflicts over security deposits between them and their tenants. To prevent unnecessary legal disputes from arising over this matter:

Landlords need first and foremost recognize their obligations regarding returning tenants’ security deposits under Florida law—which dictates that such funds must be refunded within 15 days of lease termination. Moreover landlords must also notify their tenants within 30 days of any withholdings from the deposit they plan to make in response to any unpaid rent or damages incurred during occupancy.

Ignoring these requirements can result in severe financial consequences for a landlord including paying damages up to three times the amount deposited as well as attorney fees.

Rent Increases

Upon the expiration of a lease in Florida; increased rental rates may indeed come into play as per landlord discretion, but only under the specific guidelines laid down towards such hikes beforehand – which include providing fair warning well ahead in advance & honoring set contractual agreements on previous rates/percentages increases fixed earlier between both parties.

Tenants do have the option for negotiating with their landlord or even choosing to terminate their respective leases altogether when feasible.

Maintenance and Repairs

As a Florida landlord you are expected to maintain your rental property in good condition and take care of repairs as requested by tenants. This includes ensuring that plumbing systems are working properly as well as having functional heating/air conditioning units. When tenants report an issue or require maintenance work on the property it’s crucial to respond promptly and make repairs in a timely manner.

Failure to do so may lead to consequences like rent being withheld or lease agreements being terminated. It is also important for landlords to understand that they cannot retaliate against tenants who file complaints about needed repairs or contact local housing authorities.

Lease Violations

Whether you’re a seasoned landlord in Florida or just starting out, keeping tabs on your rights and responsibilities under lease agreements is absolutely essential. Having said that, there are many reasons why tenants can sometimes run afoul of the rules – whether its subleasing without asking first or breaking rules around pet ownership or noise levels for instance.

Hanging tight to the terms of your legal obligations comes first of course, but be ready too if tenants fail to follow through on their end by acting quickly and, if necessary, by issuing warnings, sending cure notices or escalating situations as needed towards eviction measures as well. Yet perhaps most importantly is that everyone understands each other from the outset: drawing up a clear and precise contract/lease agreement that lays out what both parties can expect from one another will go a long way towards avoiding headaches down the line!

Evictions

When a landlord in Florida needs to evict a tenant they must follow the proper legal procedures. This process begins with serving the tenant a notice to vacate, either a 3 day notice for non payment of rent or a 7 day notice for lease violations. If the tenant doesn’t comply, the landlord must file a complaint with the court to obtain a final judgment for possession.

If the court approves this final judgment the landlord can request a writ of possession which will give the sheriff permission to remove both tenant and belongings from the property. Landlords must avoid using illegal self help measures such as changing locks or shutting off utilities.

It’s important to note that eviction can be both time consuming and costly so it is best for landlords to attempt to resolve any disputes before reaching this point. Not following legal procedures when evicting tenants can lead to unnecessary litigation and penalties.

Get help from an experienced attorney

Navigating tenant disputes as a landlord can be daunting, especially when it comes to complex legalities that require expertise beyond your scope of knowledge. By partnering with Brunelli Law P.A. such situations won’t be overwhelming anymore! Our firm is dedicated to assisting landlords throughout Florida seeking resolutions for rental conflicts involving tenants. Reach out today for reliable guidance from our experienced attorney – we’ll help you end your dispute efficiently and cost effectively!

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