Landlord-Tenant Dispute Lawyers in Miami FL

What are Tenants’ Rights Under Florida Law?

Tenants in Florida have a number of legal rights, whether they are renting a housing, apartment, condo, or any home. Tenant rights also apply whether there is a written lease agreement or not. The most important rights you need to understand include:

• The right to a habitable home. Landlords are required to maintain the property in a condition fit for living, which includes ensuring plumbing, electrical systems, and basic safety measures are in good repair. Any repairs needed to make the home habitable are the responsibility of the landlord.
• The right to privacy and peaceful enjoyment of the home. Landlords must give reasonable notice before entering the rental unit, unless there’s an emergency. Landlords can only enter the rental for reasonable purposes, such as for repairs and maintenance.
• The right to withhold rent. If the landlord fails to make necessary repairs or breaches the lease agreement in a significant way, tenants may have the right to withhold rent or seek a rent reduction. However, in cases where renters try to withhold rent, it is not uncommon for landlords to start eviction proceedings. If you are a tenant considering withholding rent, make sure to consult with landlord tenant dispute attorneys in Miami first.
• Protection against retaliation. Landlords cannot retaliate against tenants for reporting issues or asserting their legal rights.
• Right to fair treatment. Renters are protected from discrimination based on race, color, national origin, religion, sex, familial status, or disability.

There are exceptions and additional laws that can get quite complex. For example, tenants in federally subsidized rental housing have additional rights under federal laws. In cases where a tenant rents a condominium, the condominium board may have additional rules that must be considered.

If you are a tenant in Miami and think your rights are being violated, you can consult with a landlord-tenant lawyer who can assist in resolving the dispute. Try to keep a detailed record of any issues, including photographs, emails, or text messages that demonstrate your landlord’s failure to meet their obligations. Your lawyer can use this information to protect your rights.

Common Issues in Landlord/Tenant Disputes

Landlord-tenant disputes are unfortunately common and can stem from a variety of issues. Whether you’re a landlord or a tenant, the most frequent causes of landlord-tenant disputes in Miami include:

• Non-payment of rent. The most common reason for conflict between landlords and tenants is the non-payment of rent. For tenants, facing financial hardship can sometimes make it difficult to meet obligations. For landlords, failure to collect rent can result in financial strain, particularly if they rely on rental income to cover the mortgage or property maintenance.
• Property maintenance issues. Disagreements often arise over property maintenance, especially when tenants feel that necessary repairs aren’t being addressed in a timely manner. According to Florida law, landlords are required to maintain their property in a habitable condition, including keeping plumbing, electrical systems, and HVAC units in working order. If the landlord fails to make these repairs, tenants may have the legal right to withhold rent or even break the lease.
• Lease violations. Unauthorized pets, subletting, excessive noise, or failure to comply with community rules can lead to eviction proceedings and conflict.
• Security deposits. At the end of a lease, tenants may expect the return of their security deposit, and conflicts can arise if the landlord claims damage to the property or keeps back cleaning fees. Florida law requires that landlords provide an itemized list of deductions within 30 days of the tenant moving out, and tenants have remedies available against landlords who keep the deposit or try to claw back unreasonable amounts.
• Discrimination. Discrimination based on protected characteristics such as race, religion, sex, disability, or familial status is illegal under federal and state law. Tenants may file discrimination complaints if they feel they’ve been unfairly treated by their landlord, leading to legal actions that can be complicated and damaging for both parties.

Not all disputes have to lead to lawsuits or eviction. In fact, landlord tenant lawyers in Miami will often try to reach a settlement or may try to resolve a situation through mediation. Depending on the harm each party has suffered, lawyers will recommend the best way forward to protect your rights.

Commercial Litigation and Business Disputes

Renting a property is ultimately a commercial act, so it’s not surprising that commercial and business disputes can arise. This can happen in many ways:

• A contractor or employee of the landlord can cause damage to the tenant’s property or otherwise violate the tenant’s rights.
• A landlord may sell the property, causing challenges as the ownership is transferred.
• The landlord may have a partner and disputes over management or ownership of the property can lead to landlord-tenant disagreements.

In addition, disputes can happen when leasing business space. Disagreements over disputes over rent, lease terms, property maintenance, or even eviction can arise, just as with residential rentals.

Disagreements can also arise over property use. For example, a tenant may try to open a business in a residential rental, and this can impact a landlord’s insurance. Or, a commercial renter may try to reside in a space where the lease agreement clearly indicates that the rental is for commercial uses only.