Landlord / Tenant Statutes

In Hollywood and across Florida, any rental agreement is governed by landlord/tenant statutes, specifically the Florida Statutes at Part II, Chapter 83 (the Florida Residential Landlord Tenant Act). If you have rented a property in Florida, you are officially a tenant under these regulations, whether you have a written lease or not and whether you are renting a condo, apartment, house, trailer, or another home. The statutes apply whether you are paying monthly, weekly, or through some other payment arrangement.

The legal team at Flaxman Law Group has worked with many tenants who have been wrongfully evicted or who have struggled to get their landlords to abide by Florida laws when it comes to rental units. If you feel your landlord is violating the terms of your lease or Florida statutes, contact us for a consultation.

Under Florida Statutes at Part II, Chapter 83, tenants have basic rights, including:

• The right to peaceful and private possession of a dwelling.
• The lawful use of the dwelling.
• A dwelling that is fit for habitation.
• The right to enjoy the dwelling without unreasonable entrance by the landlord.
• The right to withhold rent in some situations, such as landlord neglect.
• The right to have any security deposits returned within 15 days of leaving the rental home.

Tenants also have obligations under Florida statutes. They must pay rent on time and avoid damaging the rental unit, causing disturbances, and violating health and building codes.

For renters in Hollywood, it can be challenging to determine when rules have been violated. For example, under Florida statutes, landlords cannot enter a tenant's home, unless they are performing inspections or need to make repairs. Even then, they must give reasonable notice and enter at a reasonable time. However, in an emergency, a landlord may not need to offer much notice.

Some landlord/tenant disputes also arise over what is meant by “fit for habitation.” In general, it means that the rented home must have locking and working windows and doors, structural integrity, heating, working plumbing, hot water, and working smoke detectors. The rented unit must be free of vermin and must comply with local building and safety codes. If one of these conditions is not met, the landlord must conduct repairs in a timely way, paying for the repairs themselves.

If you feel your rights as a tenant have been violated, start by examining any lease you have signed to see whether there is anything in your agreement related to the current situation. Do not simply withhold rent. Under Florida statutes, to withhold rent a tenant must give the landlord written notice of the problem and give them seven days to rectify the situation. If rent is withheld after this time, it is important to keep the rent money and only use it for the repairs which the landlord has refused to perform.

If you are concerned about your landlord violating rental statutes, contact Flaxman Law Group at 1-866-352-9626 (1-866-FLAXMAN) for a consultation with a Hollywood landlord/tenant statutes attorney. In a discreet, no-obligation consultation, our team can review your claim. Our legal team has more than 60 years of combined experience helping tenants and plaintiffs.