Residential & Commercial Landlord-Tenant
The State of Florida’s laws regarding the rights of landlords and tenants can be very complex. An experienced Broward County Landlord-Tenant Lawyer can help you handle disputes over residential or commercial property. To further protect your rights, an attorney can also provide lease drafting and negotiation services to prevent future disputes between landlord and tenant.
Palm Beach and Broward County Attorney, Shane M. Farnsworth understands the expectations and rights of both landlords and tenants and can therefore act as a mediator to settle or resolve issues between the two parties.
Common Florida Landlord and Tenant Matters
Mr. Farnsworth is an experienced Palm Beach and Broward County residential and commercial landlord/tenant lawyer. He has a firm understanding of the Florida statutes that govern the relationship between landlord and tenant. While many issues can cause disputes between the parties, the following are some of the most common:
- Termination of lease
- Nonpayment of rent
- Breach of lease
- Security deposit dispute
- Contract review
Florida Residential Tenancy Issues
Within 30 days of receiving the security deposit, the landlord must disclose in writing whether the deposit will be held in an interest or non-interest-bearing account, the name of the account depository; and the rate and time of interest payments. A Landlord who collects a deposit must include a copy of Florida Statutes § 83.49(3) in the lease. (See Fla. Stat. §§ 83.49, 83.43 (12))
A Landlord in a building over three (3) stories in height must tell new tenants about the availability of fire protection. (See Fla. Stat. § 83.50)
If a landlord who wants to keep the security deposit doesn’t notify a tenant in writing within 30 days of the move out, the landlord must refund the full amount of the deposit. Landlords also need to include statutory language regarding the security deposit dispute procedures in all leases beginning January 1, 2014.
If a tenant violates a lease provision, such as not paying rent on time or having a pet, and the tenant doesn’t correct the problem after receiving a seven-day notice to do so, the landlord can move to evict after the seventh day without providing any further notice. Prior to January 1, 2014, a landlord had to send a second seven-day notice in order to terminate the lease.
Landlords can accept partial rent payments and still move to evict in the same month provided that the landlord give the tenant a receipt for the partial payment, place the partial payments in the court registry if the evictions are filed or post notices informing tenants that they must pay the amount due or vacate within three days.
If a lease requires a tenant to provide up to 60 days’ notice to vacate, then the landlord must also provide up to 60 days’ notice that the lease will not be renewed.
Contact a Palm Beach and Broward County Beach Landlord/Tenant Lawyer
If you are involved in a residential or commercial property dispute or require help drafting or negotiating a lease, contact Broward County Landlord/Tenant Lawyer, Shane M. Farnsworth, today.