What Are My Rights as a Renter in Florida

Are you a renter in Florida? If that is the case – you must make yourself aware of your rights as a renter in Florida. Both landlords and tenants have responsibilities and if you are aware of them, it will be much easier for you to hire a rental lawyer if something were to go wrong. 

Feel free to reach out to Ferrer Law Group today if you need to speak with a landlord tenant lawyer.

Explanation of Renter’s Rights

Renters have many rights in Florida. Breaking a lease in Florida is just one right that tenants have out of the many.

Security Deposits

Renters have the right to have their security deposit returned to them following the ending of their lease. If all or part of the security deposit is for a repair, the renter should have a written explanation from their landlord as to where their money went.

Right to a Habitable Home

Every renter has rights to heat, utilities, water, and more that do not pose a threat to their physical health. 

Unlivable conditions may be any of the following:

• Lack of light, heat, electricity, or water is not due to the tenant’s failure to pay
• Lack of sewage disposal
• Severe rodent infestation
• Structural defects that pose a severe threat to the physical safety of tenants
• Lead paint hazards are not addressed by the landlord according to state law
• Any condition that poses a severe fire or health risk

Evictions

Renters also have protection surrounding evictions including reasons why — paying their rent, and the amount of time in which they can rectify the situation.

Other rights

• Rights to privacy. The Landlord has a right to enter the premises and inspect it but only after providing the tenant notice. 

• Right to Quiet Enjoyment. The Landlord has a duty of providing the tenant quiet enjoyment, which means that the Landlord properly owns the leased premises and therefore the tenant’s occupancy will not be disrupted. 

How Could One Infringe Your Rights as a Renter?

Landlords can easily infringe on a renter’s rights. 

• The landlord may fail to follow state eviction procedures. There is paperwork that needs filing when it comes to proper eviction proceedings. Landlords cannot just kick their tenants out on the street, no matter what the reasons are for eviction.

• Breach of enjoyment is another way that a landlord may infringe on a renter’s rights. Unless your rental property lease agreement states otherwise, every lease has an implied covenant or warranty built into it. This entitles the tenant to “quiet enjoyment” of the premises while leasing the property. 

• Landlords may also infringe renters’ rights by harassing their tenants by:

1. Interruption of utilities such as water or electricity
2. Violation of rights via gossip
3. Showing up at a tenant’s workplace to discuss issues
4. Allowing others into the residence without due notice or consent

• Additionally, all landlords must follow tenants’ consumer report rights. Failing to follow these Florida renters rights may result in suing by the tenant. Landlords should not violate any of the following rights:

1. Not reporting tenants to the credit bureau
2. Denying an application for unwarranted reasons that may affect the tenant’s ability to lease elsewhere in the future
3. Failure to send appropriate rejection letters

How an Attorney Can Help You

Understanding Florida rental agreements may sometimes be difficult. This is why an attorney can help you know and defend your rights as a renter. Having an attorney on your side can help you receive the best possible outcome for various situations including:

• Negotiating or reviewing the terms of a lease or rental agreement
• Facing the prospect of an eviction
• Facing an unlawful detainer action
• Housing discrimination in violation of Fair Housing Laws
• Receiving your security deposit after moving from your unit
• Information regarding your rights if your landlord is asking for past due utilities or requesting money for damages over your security deposit

Your attorney will be able to give you their honest opinion about your case. In addition, he or she can give you several options for steps you should take next and keep your rights protected as you take action. 

If a lawsuit is necessary, your attorney will do the following:

1. Review documents
2. Identify laws applicably
3. Collect records
4. Interview witnesses
5. Plan a legal strategy
6. Talk with expert consultants
7. Negotiate with landlords, insurers, property managers, and opposing counsel

We Can Help You

Landlords typically hold the upper hand. Still, renters hold certain rights when it comes to renting property. If you have any questions about your rights as a tenant, you deserve answers. 
If you feel that your rights got violated in any way, reach out to an attorney at Ferrer Law Group now — Florida renters rights are important to us.