Landlords and tenants have a mutually beneficial working relationship, but when they disagree the stakes are high. Disputes can become expensive for landlords and can affect a renter’s sense of security in their own home.

While some disagreements can be resolved easily, if you find yourself unable to find common ground, consult with landlord tenant dispute lawyers in Hollywood, FL by contacting Flaxman Law Group for a consultation. Whether you’re a renter or landlord, we can answer your questions about your rights and explain what options you may have for a resolution.  

Common Causes of Landlord/Tenant Disputes

Landlord-tenant disputes are unfortunately common in Florida, even when both parties have a signed lease agreement. While a lease is intended to outline the responsibilities of both the landlord and the tenant, conflicts can still emerge due to misunderstandings or different interpretations of the lease. Common causes of landlord/tenant disputes in Florida include:

• Property Damage. A dispute can happen when the landlord fails to repair property issues or the tenant is accused of causing damage to the property.
• Uninhabitable Living Conditions. Florida law requires that rental properties meet basic living standards, which means that rentals should have working plumbing, heating, and structural integrity. When these conditions are not met, it’s not uncommon for renters to file a complaint or to take other action.
• Nonpayment of Rent. Failure to pay rent on time can lead to late penalties and eviction proceedings and claims of breach of contract.
• Eviction. Eviction can happen due to failure to pay rent, property damage, or violation of lease terms. However, landlords must use only legal eviction methods. Disputes often occur when tenants feel the eviction is illegal.
• Injury on the Premises. If a tenant or visitor is injured while on the property, disputes can arise over who is liable.
• Security deposits. Landlords in Florida are allowed to charge a security deposit, and they can withhold part of the deposit if a tenant moves out and leaves behind more than normal wear and tear damage. Disputes usually happen if renters disagree about the amount of the deposit withheld or if the landlord doesn’t return the security deposit in a timely way.
• Lease term violations. Many leases have specific terms that prohibit pets, for example, or that explicitly state that a tenant can’t sublet or list the property on short-term rental sites. If renters violate the terms of the lease, landlords can start eviction proceedings.
• Illegal activity. Drug use and manufacturing, violence, theft, and other crimes affect property values and other tenants’ safety and peace of mind. Illegal activity can lead to criminal charges, civil claims, landlord tenant disagreements, and other legal action.
• Access to the property. Tenants have a right to be reasonably notified before a landlord enters their rental home. In turn, landlords may need to access the property for repairs or emergencies. In many cases, renters and landlords may disagree about what is reasonable when it comes to property access.

No matter why your disagreement has happened, it can impact your business or your ability to live peacefully in your home. In these situations, it can be valuable to contact landlord tenant dispute lawyers in Hollywood, FL sooner rather than later. You don’t want the landlord/tenant relationship to deteriorate further, and early meditation and discussion may be able to solve the problem simply.

Lease Agreements and Tenants’ Rights

A lease agreement is the foundation for a good landlord-tenant relationship. It details the rights and responsibilities of both parties, so landlords and tenants both know what to expect. Even with a legally binding contract, though, disputes often arise over whether each party has fulfilled their obligations.

The best way to protect the landlord-tenant relationship is with a clear lease agreement. If you’re a landlord, you may want to work with an attorney to create a lease template that clearly outlines the duties and rights of each party. If you don’t want pets in your rentals, for example, it’s important to clearly state this in the agreement.

Both landlords and tenants have a duty to understand and abide by the lease. That’s why it’s a good idea to verbally review the lease in full before the move-in date. That way, any questions can be resolved.

The lease is not the only protection offered to landlords and tenants. Florida law has several key provisions that ensure both parties are protected. These laws include:

• The right to a safe and habitable living environment. Under the implied warranty of habitability, tenants have the right to live in conditions that are sanitary, safe, and free from significant hazards. When a landlord fails to repair damages or maintain the property in accordance with these standards, tenants may have legal grounds to withhold rent or even terminate the lease under certain circumstances.
• The right to privacy. Once a property is rented, a landlord can’t treat that property as their own. The landlord can’t just walk into the property at any time, for example, or install surveillance equipment in a rental to monitor tenants.
• The right to withhold rent. If the landlord fails to make necessary repairs or otherwise violates the terms of the lease or the law, tenants may in some cases be able to withhold rent until the landlord fixes the issue.
• Prohibitions against discrimination. In Florida, there are strict laws that ensure landlords can’t discriminate against renters based on protected characteristics, including race, disability, religion, family status, and other characteristics.
• Protections against unfair eviction. Landlords in Florida are required to go through legal channels to evict a tenant. They cannot change the locks or just tell a tenant to leave. Tenants also have rights. For example, they can seek the dismissal of an eviction case if a landlord uses illegal eviction.

Of course, having rights is only the start. You also need to make sure that you understand those rights and seek to protect them. For example, if you’re a tenant and a landlord refuses to rent to you because of a protected characteristic, what can you do? If you’re a landlord and your tenant is using their apartment to sell illegal products, where can you turn? In any situation where a disagreement happens, working with landlord tenant dispute lawyers in Hollywood, FL can ensure there is someone looking out for your rights.