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With the housing market in Florida making it difficult for many people to afford homes, the rental market has taken on even greater importance. In addition, rising rent rates pose a challenge to finding and remaining in affordable housing. As a result of this stress, disputes between landlords and tenants can occur. These can involve arguments concerning the application process, disputes about the payment of rent, and even questions about the right to evict.
If you have concerns about a landlord/tenant relationship, a Davie landlord and tenant dispute lawyer can help. Our team of trusted attorneys at All Florida Real Estate Lawyers is prepared to analyze the current situation, provide guidance concerning relevant state and local laws, and work to protect your rights in and out of court.
All arrangements to rent an apartment or home revolve around contracts. A landlord agrees to provide a place to live in exchange for the timely payment of rent. However, the laws that control the interactions between landlords and tenants are much more nuanced.
A tenant who pays rent receives more than just access to the property. They also receive the right to live there in peace. Landlords have the obligation to ensure that other tenants do not interfere with the ability of residents to live peaceful lives. Additionally, the landlord must perform all maintenance in the unit, cannot enter without the tenant’s permission, and must return any security deposit no more than 15 days after the tenant leaves their unit if there are no deductions for repairs. Thirty days is acceptable if a partial deduction is necessary.
Most landlord-tenant disputes revolve around these basic concepts. A tenant may allege that the landlord has failed to provide proper maintenance. On the other hand, the landlord may believe that the tenant has improperly withheld rent.
State law provides strict guidelines for how and when a landlord can attempt to evict a tenant. According to Florida Statutes § 83.59, a landlord cannot attempt to evict a person or otherwise terminate a residency unless the civil court has issued an order, the tenant has formally surrendered possession to the landlord, or the tenant has abandoned the unit. A Davie landlord and tenant dispute attorney is prepared to provide assistance regarding all forms of current and anticipated disagreements.
While disputes between landlords and tenants are common, they do not necessarily mean a lengthy and costly lawsuit will result. For example, when a tenant alleges that the landlord has failed to properly maintain an apartment, an attorney can help bring the parties together to arrange for a settlement that avoids going to court.
However, legal action will occasionally be necessary. When this is the case, a Davie landlord and tenant dispute attorney can file lawsuits in the proper courts, prepare answers to complaints, gather additional evidence, and present cases in court that help protect your rights.
Both tenants and landlords have significant rights under the law. However, both parties must act in accordance with state and local laws and fulfill their obligations under rental contracts. Disputes concerning the payment of rent, the maintenance of a unit, and even eviction are common and could threaten your finances and legal rights.
A Davie landlord and tenant dispute lawyer can help. We will listen to your side of the story and obtain the evidence needed to support your case. Our team will then attempt to bring the matter to a settlement out of court. If this fails, we are prepared to make arguments before judges and juries that aim to protect your rights. Call our firm now to learn more.
