I often field questions from tenants about their rights, particularly in situations where their rental property falls short of expectations. A common concern revolves around the conditions under which a tenant can withhold rent. This topic is an essential aspect of landlord-tenant relationships and one that everyone should be aware of.

The Fundamentals of Rent Withholding

At its core, the right to withhold rent in Florida hinges on a simple, yet powerful concept: tenants are entitled to a rental property that meets specific health, structural, and safety standards as mandated by the state. It means that, as a tenant, you should expect your rented property to be livable and safe.

However, suppose a landlord fails to uphold these standards. In that case, whether it's neglecting to fix a leaky roof or a malfunctioning air conditioner, tenants have the right to withhold rent until the necessary repairs are made. It's a significant right, serving as a protective mechanism for tenants against landlords who may fail to maintain their properties adequately.

Demystifying Florida State Law

Florida Statute § 83.60 is the go-to legal reference when it comes to understanding the right to withhold rent. It outlines the specific circumstances under which a tenant can withhold rent and provides a useful guide on the types of repairs and habitability issues that qualify for such action.

While the statute covers a wide range of scenarios, the underlying principle remains consistent: a tenant has the right to live in a property that is safe and habitable. If conditions within the property compromise this basic requirement, you may have the legal grounds to withhold rent.

The Art of Notifying Your Landlord

Before you decide to withhold rent, it's crucial to follow the correct procedure. Communication is key, and the first step is to notify your landlord of the issue. This communication should ideally be in writing and provide clear details about the issue at hand, how it affects your living conditions, and a reasonable deadline for the landlord to address the problem.

The law provides landlords with a fair opportunity to fix the issue. If they fail to make the necessary repairs within the given time frame, only then does the option to withhold rent become viable. Remember, it's important to ensure your actions align with Florida’s legal requirements to protect your rights effectively.

Setting the Boundaries: Limitations on Withholding Rent

While the right to withhold rent serves as a critical protective measure for tenants, it's not a carte blanche. Florida law sets clear boundaries on how much rent can be withheld and how often. This restriction helps maintain a fair balance between the rights of the landlord and the tenant.

The specifics of these limitations can vary based on the severity of the habitability issue and the estimated cost of repairs. It's crucial to understand these nuances before deciding to withhold any portion of your rent. An informed decision will not only protect you legally but will also foster a healthier relationship with your landlord.

Additional Conditions for Withholding Rent

The right to withhold rent is not solely tied to repair and habitability issues. Other conditions may also allow you to withhold rent, provided they comply with Florida law. These additional circumstances further ensure that a tenant's basic rights are upheld throughout their lease.

For instance, if a landlord fails to provide essential services such as water or heat, a tenant may be legally justified in withholding a portion of their rent. However, it's always recommended to consult with a legal expert or attorney to ensure you're within your rights to withhold rent in such situations.

The Role of Local Housing Ordinances

Finally, it's crucial to note that your city or county's local housing ordinances may also come into play. These ordinances may cover additional aspects of a tenant's rights, particularly in relation to repairs and maintenance.

While state laws provide a broad framework, local ordinances can offer more specific protections and requirements. Therefore, it's a good idea to familiarize yourself with these local laws to fully understand your rights and obligations as a tenant.

In Conclusion

Understanding the rights of tenants, particularly the right to withhold rent, is essential for a harmonious landlord-tenant relationship. While Florida law provides robust protections for tenants, it's equally important for tenants to uphold their end of the agreement and use these protections responsibly.

Every tenant in Florida should be aware of his or her landlord’s rent rules, which should be outlined in the rental or lease agreement. Here are the important ones.

Standard Rent Rules in Florida

Florida’s state laws cover some of the following rent-related concerns, including the amount of time a landlord has to issue a notice when he or she increases the rent and how much time the tenant has to either pay it or move to avoid eviction. Here’s what every rental or lease agreement should include as a standard set of rent rules.

  • The amount of rent owed each month
  • Where the rent is due
  • When the rent is due
  • How the tenant should pay the rent
  • The amount of notice a landlord must provide to increase the rent
  • The extra fee applied if a tenant’s rent check bounces
  • The consequences of paying the rent late

Late Fees for Rent Past Due in Florida

In most rental or lease agreements, rent is legally due on the first of the month. If you don’t pay the rent, your landlord can start charging you a late fee. Florida’s state laws don’t cover extra fees associated with late rent. If your agreement doesn’t include information about late fees, your landlord can’t impose one.

Amount of Notice Landlords Must Provide to Increase the Rent

There isn’t a state statute in Florida that covers the amount of notice landlords must provide to increase the rent in a month-to-month rental or lease agreement. Unless specified otherwise in your agreement, your landlord must provide the same amount of notice as state laws require when he or she terminates the tenancy, which is 15 days. If you have a long-term lease, your landlord cannot increase the rent until the current one ends and a new tenancy starts.

Termination For Nonpayment of Rent in Florida

All states set certain rules and procedures for terminating a tenancy when a tenant has failed to pay the rent. In Florida, the landlord must give the tenant three days to pay the rent or move before he or she can legally file for eviction.

Stephen K. Hachey can help you wade through this difficult process to reach a positive solution. Call 813-549-0096 today!

***The opinions in this blog are those of the author whom takes full responsibility for the content. Like all other content on the site, this does not constitute legal advice and is for general information purposes only.***

The state of Florida requires landlords to provide the following disclosures to tenants, which you can usually find in either the rental or lease agreement.

Owner/Agent Identity (Fla. Stat. Ann. § 83.50)

Every landlord in Florida, or someone who is authorized to enter a rental agreement on his or her behalf, must disclose the name and the address where he or she will receive demands and notices. The landlord should do this in writing and provide it to the tenant either at or before the start of the tenancy.

Security Deposit (Fla. Stat. Ann. §§ 83.49, 83.43 (12))

Every landlord in Florida must disclose whether he or she will hold the security deposit in an interest- or non-interest-bearing account within 30 days of receiving it. He or she must also disclose the name of the account depository as well as provide the time and the rate of interest payments. Landlords who collect deposits must include a copy of Florida Statutes § 83.49(3) in the rental or lease agreement.

Fire Protection (Fla. Stat. Ann. § 83.50)

Every landlord in Florida must notify new tenants of the available fire protections in buildings that are higher than three stories.

Radon (Fla. Stat. Ann. § 404.056)

Every landlord in Florida must include this warning in all of his or her leases: “RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.”

Landlord Identity (Fla. Stat. Ann. § 83.50)

Every landlord in Florida, or someone who is authorized to enter a rental agreement on his or her behalf, must disclose the name and the address where he or she will receive demands and notices. The landlord should do this in writing and provide it to the tenant either at or before the start of the tenancy.

Stephen K. Hachey can help you wade through this difficult process to reach a positive solution. Call 813-549-0096 today!

***The opinions in this blog are those of the author whom takes full responsibility for the content. Like all other content on the site, this does not constitute legal advice and is for general information purposes only.***

While the real estate market is rebounding from the worst housing crisis to hit the United States since the Great Depression, hitting homeowners the hardest from 2007 to 2009, many people are still struggling to stay afloat financially and pay their mortgages. As unfortunate as it is, short sales continue to account for a larger-than- desired part of the nation’s home sales.

A Short Sale is a Better Option Than a Foreclosure

For homeowners who aren’t able to make their mortgage payments, a short sale can seem like an attractive option. But there are some things to keep in mind if you’re considering to opt for a short sale instead of a foreclosure. While a short sale can have a major impact on your credit rating – even as much as a foreclosure – it only impacts it by a few points in most cases. Before short selling your property, though, you need to carefully assess your specific situation.

What to Consider When Debating Whether to Short Sell Your Property

There are a few considerations you have to take into account before finally deciding to short sell your property. For instance, how many mortgage payments have you already missed? Also, how will your lender report the short sale? If you haven’t missed any mortgage payments and have a good credit history, you might be able to negotiate to have the short sale listed as paid as opposed to settled. In this case, your credit score might not be negatively impacted at all.

If you are considering a short sale, talk to the Law Offices of Stephen K. Hachey. We examine all the details of your case and be with you every step of the way.

Stephen K. Hachey can help you wade through this difficult process to reach a positive solution. Call 813-549-0096 today!

***The opinions in this blog are those of the author whom takes full responsibility for the content. Like all other content on the site, this does not constitute legal advice and is for general information purposes only.***

According to Florida state law, landlords are prohibited from retaliating against tenants. If you’re a tenant in a rental unit and feel your landlord is retaliating against you, read on to know your rights.

What Rights Protect Tenants From Retaliating Landlords in Florida?

In Florida, it’s illegal for landlords to retaliate against tenants who’ve exercised these legal rights:

  • Notified the landlord about the rental unit’s unsafe or illegal living conditions
  • Notified a government agency about the rental unit’s unsafe or illegal living conditions
  • Joined or organized a tenant union to express your thoughts collectively

What Types of Retaliation Are Against Florida State Law?

Florida law states that landlords cannot take part in any one of the following retaliatory acts:

  • Terminating your lease without appropriate reason
  • Refusing to renew your lease without appropriate reason
  • Filing an eviction lawsuit without appropriate reason
  • Increasing your rent without proper notification and reason
  • Decreasing the services your rent covers, like locking the laundry room, removing cable access, draining the swimming pool or getting rid of the property’s security guards

How Should a Tenant Respond to a Landlord Who Performs a Retaliatory Act?

If you’ve been a victim of your landlord’s retaliatory actions, there are two possible responses:

  • You should stay and fight if the retaliatory act involves a terminated lease or an eviction, proving to a judge in court that either the termination or the eviction was illegal.
  • You should file a lawsuit in small claims court if the retaliatory act involves a rent hike or a reduction in services, asking a judge to prohibit the increase or reinstate the services.

How Can a Tenant Prove That His or Her Landlord Performed a Retaliatory Act?

Landlords are rarely foolish enough to hand you hard evidence proving that they’ve performed a retaliatory act. In fact, many of them will try to cover it up. Here are some common examples:

  • The landlord terminates a lease following a tenant’s legitimate decision to withhold rent
  • The landlord refuses to renegotiate a lease following a tenant’s complaint to an agency
  • The landlord sends a termination notice, alleging that the tenant has misused the facilities

Stephen K. Hachey can help you wade through this difficult process to reach a positive solution. Call 813-549-0096 today!

***The opinions in this blog are those of the author whom takes full responsibility for the content. Like all other content on the site, this does not constitute legal advice and is for general information purposes only.***

If you live in an apartment, you have just as much of a right to privacy as any homeowner. Here’s a brief look at Florida’s laws concerning when and how your landlord may enter your rental unit.

When Are Landlords Allowed to Enter Your Rental Property?

Although your landlord doesn’t always need an invitation to enter your apartment, all tenants have a right to privacy in their rental units. According to Florida law, a landlord can enter an apartment:

  • If he or she believes there is an emergency, like a fire or a water leak.
  • If he or she needs to inspect the rental unit or perform repairs in it.
  • If he or she has a reason to believe that the rental unit has been abandoned.
  • If he or she needs to show the rental unit to potential new tenants.
  • If he or she has a court order to do so.

How Much Notice Must Landlords Provide Before Entering the Rental Property?

Besides emergencies, your landlord must notify you at least 12 hours in advance before entering your apartment for the aforementioned reasons. Of course, if you agree that your landlord can enter your rental unit earlier than the 12-hour notice, he or she may do so. A landlord must also enter during a suitable timeframe, which Florida law states is between 7:30 A.M. and 8 P.M.

What Rights Do You Have as a Tenant if Your Landlord Violates?

The first thing you should do is discuss your concerns directly with your landlord, following it with a letter politely asking him or her to stop the intrusive behavior. If your landlord continues to violate your right to privacy, you could sue him or her in small claims court for infliction of emotional distress or trespassing.

Stephen K. Hachey can help you wade through this difficult process to reach a positive solution. Call 813-549-0096 today!

***The opinions in this blog are those of the author whom takes full responsibility for the content. Like all other content on the site, this does not constitute legal advice and is for general information purposes only.***