If you are a Tenant and your Landlord has violated the lease, how should you protect your rights? It is true that Landlords in Florida have more protections than Tenants. While Tenant’s rights are limited, they do have certain rights against the Landlord. A Tenant’s Rights Attorney Pompano Beach, Florida can guide you accordingly in understanding your rights.
What rights do Tenants have in Pompano Beach, Florida?
1. Right to reside in a property maintained by the Landlord. Florida Statute states that a Landlord must maintain the property. A Landlord must keep the property in reasonable condition. Further, the must maintain the structural parts in good repair.
2. Right to Notice regarding Tenant Entering Property. The Landlord must provide the Tenant reasonable notice prior to entering property. This means that a Landlord must give the Tenant at least 12 hours notice prior to entering property.
3. Right to Notice Regarding Termination of Lease. The Tenant must be given 15 days notice to terminate by their Landlord if their lease is month-to-month. For Example, if the Landlord wants to terminate the lease in June, the Tenant must be given 15 days notice prior to June 30. Therefore, notice must be given on June 15 or any day prior.
4. Rights against Retaliatory Conduct. A Landlord cannot unfairly increase a Tenant’s rent or threaten to bring an action against the Tenant due to retaliation. For Example, if the Tenant complains to the Landlord about the condition of the property, the Landlord cannot decide to terminate the lease because of the Tenant’s concerns.
5. Protection against a Constructive eviction or self help by the Landlord. A Landlord cannot turn off the Tenant’s utilities or prevent the Tenant from entering the property. For Example, a Landlord cannot lock a Tenant out of the property because the Tenant has failed to pay rent.
6. Right to Withhold Rent. If the Landlord has failed to maintain the property, a Tenant can withhold rent. Before they withhold rent, they must give the Tenant a 7 Day Notice to Cure. A 7 day notice to cure states that the Tenant will withhold rent if the Landlord fails to the cure the violation in the property within 7 days.
7. Right to Terminate the Lease. If the Landlord fails to maintain the property, a Tenant can terminate the lease. They must first serve the Landlord a 7 day notice to Cure. If the Landlord fails to remove the violation within 7 Days, the Tenant can terminate the lease.
While Florida Law generally favors Landlords, Tenants have significant protections. If you are a Tenant and believe your Landlord has violated the lease, contact your Tenant’s Rights Attorney Pompano Beach, Florida today at (954) 990-7552.