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Landlord-Tenant Rights and Responsibilities
The Florida Landlord Tenant Residential Act has defined the rights and responsibilities of both Landlords and Tenants and provides for both parties when one fails to live up to their responsibilities.
The legislation is fairly comprehensive, and it would not be advantageous to quote directly from it due to the possibility of statements being misinterpreted or taken out or context. Below, however, are some general guidelines to protect yourself legally as you enter into a lease agreement.
1. The Landlord Tenant Act was written to provide fairness to both tenants and landlords. If you feel you are not being treated fairly, you should question the actions of the landlord.
2. When signing rental agreements, be sure you know and understand what you are signing.
3. Be sure that any oral maintenance agreements are put in writing on the lease.
4. If anything is being crossed out on the lease or written in, both you and the landlord should initial next to it.
5. Always follow up any oral conversations with a landlord in writing. It can be an informal, friendly note, just something to notify the landlord that your conversation is in writing. Keep a copy of all written transactions regarding your rental situation.
6. In most situations, with or without a lease, both you and the landlord are required to give 30-days notice of eviction or early-lease-termination. Remember to always give a 30-day notice in writing and that the notice should be given on the date rent is normally due.
7. Deposit requirements are typically outlined in a lease agreement and should include a designated time frame in which the landlord is required to return the deposit. A landlord should always include evidence as to why all or a portion of a deposit was not returned. You are responsible for providing the landlord with a forwarding address where you can be reached. This address is normally furnished to the landlord in your written notice to vacate the unit.
8. When you move into an apartment, do a careful inventory of the facility. If things are damaged or in need of repair when you move in, you need a record of it in the event the landlord tries to charge you for those damages at a later time. Use the inventory checklist (make sure to write the date you compile the inventory on the list itself) and furnish a copy of it to your landlord.
9. When you are having a conflict with a landlord try to keep the lines of communication open.