As a tenant, receiving a threat of eviction due to a noise complaint can be distressing. You might find yourself grappling with questions about your rights and the potential repercussions. This article seeks to shed light on Florida's eviction laws and equip you with the knowledge to handle such situations.
The Landlord's Prerogative: Evictions Due to Noise Disturbances
Firstly, yes; your landlord can in fact pursue eviction for noise-related violations. Persistent noise violations may not only be in breach of your lease, but also may violate local noise ordinances. It’s essential to understand that maintaining a peaceful environment for all residents is a shared responsibility, and persistent disruption could lead to serious consequences, including eviction.
The Crucial Role of Proper Notice
However, it's not as simple as receiving a noise complaint one day and facing eviction the next. The law requires landlords to give tenants proper notice of the complaint before moving forward with eviction procedures. Moreover, landlords must demonstrate that you've violated the terms of your lease agreement or have consistently disrupted other tenants' right to quiet enjoyment.
Remember, eviction is a legal process. As such, your landlord must follow proper procedures, one of which is providing you with an adequate notice of the issue at hand and the potential consequences if the problem persists.
The Tenant's Responsibility under Florida Law
As a tenant in Florida, you have certain responsibilities. One key obligation is to use the property in a manner that does not disturb others unreasonably or, in legal terms, 'constitute a breach of the peace.' If your behavior disrupts the tranquility of your neighbors or community, your landlord has the right to seek termination of your lease.
However, a crucial aspect of this process is again the provision of proper notice. Your landlord must inform you of the issue and provide an opportunity for you to rectify the situation before termination proceedings can commence.
Decoding Local Noise Ordinances
Your local noise ordinance serves as a guide to understanding what noise levels are considered acceptable in your area. Usually, violations occur when noise disturbs a reasonable person of normal sensitivities or when it exceeds the specific sound level limit set by the ordinance. Noise disturbances can encompass various forms such as shouting, verbal altercations, amplified music, television volume, or even musical instruments.
Familiarizing yourself with your local noise ordinances can provide a clear understanding of what is expected of you as a tenant and help you avoid any unintentional violations.
Preventing Evictions: Complying with Ordinances and Understanding Your Lease
The best way to avoid facing eviction due to noise complaints is to respect local noise ordinances and thoroughly understand the terms of your lease. Your lease agreement outlines your responsibilities as a tenant, and adhering to these guidelines is vital to maintaining a positive and enduring landlord-tenant relationship.
Remember, a peaceful living environment benefits everyone involved. Be mindful of your actions and their potential impact on your neighbors.
When Accusations Seem Unfair: Seeking Legal Help
If you believe you've been wrongly accused of noise violations, don't panic. You have rights as a tenant, and these include fair treatment and the opportunity to defend yourself against allegations. Consulting with an experienced attorney can provide clarity and guidance, ensuring your rights are protected.
An attorney can review the specifics of your situation, the terms of your lease, and the details of the noise complaints. They can then advise you on the best course of action to take to resolve the situation amicably and legally.
Wrapping Up
Facing eviction due to noise complaints can be a challenging experience. However, understanding your rights and responsibilities as a tenant, coupled with a solid knowledge of local noise ordinances, can empower you to navigate these difficult situations. And remember, if you feel unfairly treated, professional legal help is just a call away.
Knowledge is power, and as a tenant, understanding the law can be your strongest defense.
Prior to the passage of the Protecting Tenants at Foreclosure Act in 2009, tenants’ rights were superseded by the “successor in interest,” that is, the new owner of the property. The act was passed to prevent tenants from being blindsided with removal notices that left them little to no time to secure a new living situation. Under the Act, the terms of the original lease must be honored if the tenant is bona fide.
In order to be a bona fide tenant, you cannot be the child, spouse, or parent of the original owner/landlord, the transaction must have been conducted at arm’s length (usually involving a contract, no “special arrangements”), and you must pay a fair market rate in rent. If you are found to not be a bona fide tenant, the new owners are not obligated to honor the original terms of the lease and you will likely receive notice to vacate the premises within 60 days. However, if you do meet the bona fide qualifications, the new owner has to honor the existing lease term and must provide at least 90 days’ notice before any eviction actions can occur.
Clearly, real estate matters involving multiple parties and differing rights can be quite complex and frustrating. It would be wise to consult with an experienced attorney who can help you make sense of the various rules, laws, and forms out there. You need someone in your corner who will fight for your rights and get you the best outcome possible.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this difficult process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
The current real estate climate, with owners becoming tenants and banks becoming landlords, can be rife with complicated situations and shifting loyalties. It can be extremely difficult to find out what your rights are. If you were leasing a property that was subsequently foreclosed, your obligations as a tenant should have shifted to the new owner. That is, you would pay rent and fees per your original lease agreement to them.
Additionally, any security deposits you paid to the original owner should have shifted to the new owner as well. As the new holders of the security deposit, it is their responsibility to hang onto until the landlord/tenant relationship has ended and return the deposit to you, minus any documented expenses for repair, unpaid rent, etc.
If your original landlord did not transfer the security deposit to the new owners during foreclosure, your only recourse is small claims court, unfortunately. Make sure to stay in touch with your landlord and the prospective new owners during the foreclosure process to make sure that the transfer is going smoothly.
As you can see, leasing a property that has been foreclosed can be a very complicated situation and it is possible for tenants to be taken advantage of. In order to protect your rights and ensure you get the best treatment possible, consult with an experienced attorney. Only a knowledgeable real estate lawyer can help you make sense of the complex laws, regulations, and forms that govern the real estate industry. Contact one today to learn about your rights.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this difficult process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
Rent control refers to laws and regulations that control how much a landlord can increase the price charged to tenants to live in an apartment. New York City has the most widely-known rent control system, since its real estate market is incredibly competitive.
Florida and her cities have no rent control ordinances. In essence, the only thing that prevents a landlord from charging whatever he or she wants is the availability of tenants willing to pay that amount. Obviously, this is likely to be higher in popular areas close to things like schools, jobs, shopping, and nightlife.
The lack of a rent control ordinance has become a major factor in most Florida cities in recent years. Tampa, the third largest city in Florida, has seen sharp increases in rental prices thanks in part to the emergence of entertainment options in its downtown corridor. The average rent across all properties in Tampa has increased from $1048.00 in 2015 to $1248 in October 2018, according to RentCafe.com.
Rent increases in Tampa are by no means extreme. In Boca Raton, as many areas of South Florida, rental prices are already high and increasing fast. Boca Raton’s 33487 had an average rent increase 13% from 2016 to 2017 for an average rent of $2197.00 per month.
Though it is perfectly legal for your landlord to raise the rent once your year-long lease is up, you could still negotiate with them to see if there is any wiggle room. You could try pointing out things like never having been late with a payment or proper upkeep of the property. If you like living where you are and you feel the increase is too much, it is worth a try to speak with them, human being to human being.
Of course, the landlord has obligations to you, the tenant, as well. If there have been issues with the property that have gone unresolved and the rent is still being increased, that is something else to bring up during your conversation. Be sure to document everything.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
If you are renting a home in Florida, and you find out the owner of the house is being foreclosed upon, you are not permitted to stop making payments to the landlord. The foreclosure process in Florida is often a long and drawn out one, which means it could take a year or more for the bank to actually take the house back from the property owner. This means, your landlord can evict you for nonpayment of rent, even if that landlord is not paying the mortgage on the house you are renting. In some cases, a tenant can make payments directly to the bank in order to avoid being forced out of the property when the foreclosure date actually arrives. However, this is usually only permitted when the foreclosure has been complete and the landlord no longer has rights to the property.
Talk to an attorney as soon as you get notice that the house you are living in is in danger of foreclosure. A lawyer experienced in Florida foreclosure law can help you ensure your rights as a tenant are being protected. Unless you are able to reach a deal directly with the mortgage company to continue renting, you should not stop paying your landlord, otherwise you could face eviction. The situation will depend completely on the state of foreclosure that the property is in. If it is in the early stages, the embattled landlord will probably still be the legal owner of the property you are occupying for a while. Not paying the rent will only cause additional problems for you. Stephen K. Hachey, a Florida real estate attorney, can help you weigh through your options. To receive a free consultation, contact our offices at 813-549-0096.
This post was written by Stephen Hachey. Follow Stephen on Google, Facebook, Twitter & Linkedin.
