Landlord-tenant disputes are common in Florida, even with the leases and agreements landlords and tenants sign, which should prevent disagreements. The legal team at Flaxman Law Group has represented many tenants and landlords who have needed mediation and in some cases have taken their claims all the way to court. In these cases, our goal is to protect our client and to bring about the most advantageous solution possible.
Seeking advice in these cases is important, because the laws and statutes protecting both landlords and tenants are complex.
Landlord-tenant disputes can arise for a variety of reasons, including:
- Non-Payment of Rent. This is one of the most common landlord-tenant disputes in Florida. For landlords, a clear lease agreement can help. The agreement should indicate the rent due date, late fees, and consequences for non-payment. For tenants, it’s important to communicate about any situation where you can’t pay your rent on time. Communicate in writing, so you have evidence of any payment plan you agree to.
- Lease Violations. These can include unauthorized pets or subletting, illegal actvities in the rental, and other violations of the lease. It’s important for landlords to create clear lease agreements that outline what isn’t allowed on the property. It is equally important for tenants to carefully read the lease, ask if they don’t understand something, and follow the rules.
- Property Damage. Landlords should inspect the premises regularly and conduct regular maintenance. Tenants should care for the rental and report any damage or problems to the landlord at once. Tenants may need to pay for property damage if they caused it deliberately or through negligence.
Understanding the Eviction Process in Florida
In cases there a tenant breaks the lease agreement, one remedy landlords have is to evict the tenant. However, to do so you must follow a specific legal process. As a landlord, you need to:
- Give the tenant written notice of the eviction
- File a lawsuit for eviction with the correct court
- Attend a hearing before a judge
- Get a final judgment of eviction
- Obtain a writ of possession from the court
If you are a tenant facing eviction in Florida, you also have rights. The landlord can’t just evict you; he or she must follow the law in good faith. You might want to seek legal advice to explore defenses against the eviction.
Your Landlord-Tenant Dispute Attorney
Whether you are a landlord or a tenant, it is important to contact an attorney if you are involved in a landlord-tenant dispute in Florida. A knowledgeable tenant-landlord dispute attorney can help you navigate the legal process and can seek a settlement or reach a resolution outside of court.
If you’re a landlord or tenant facing challenges with the lease you’ve signed, you can always contact Flaxman Law Group for a free, no obligation case consultation. Our offices in Miami, Homestead, and Hollywood have already helped thousands of clients just like you. With more than 60 years of combined experience and over $100 million recovered in judgements and settlements, our team is poised to help.