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Landlord Tenant Act Case Study

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Renters are called tenants. If someone pays rent on a regular basis to live in a home, you are a tenant governed by Florida law. This is true even if there is no written "lease" agreement.

Under Florida law, tenants have certain rights they can expect, along with specific responsibilities toward the arrangement with a landlord. The state details those under the Florida Residential Landlord Tenant Act in the Florida Statutes at Part II, Chapter 83.

A written lease could also affect a tenant's rights. Tenants should carefully review the lease, but understand that the Florida Residential Landlord Tenant Act prevails over what the lease says.

TENANTS' RIGHTS

A tenant is entitled to the right of private, peaceful possession of the dwelling. With notice, the landlord may enter only to inspect the premises or to make necessary or agreed repairs. If an emergency exists, the requirement for notice may be shortened or waived. …show more content…
If the landlord claims the tenant has violated the rental agreement, he or she must inform the tenant in writing of the specific problem and give the tenant time to correct the problem.

If the landlord requires the tenant to pay a security deposit, the landlord must preserve the deposit during the tenancy, and return the full amount of the deposit within 15 days after the tenant leaves or give the tenant written notice of why it won't be returned.

The tenant has the right, under certain very aggravated circumstances caused by the landlord's neglect, to withhold rent. This can be done only when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes.

The tenant has the right to move out.

For details on tenants' rights, take a look at the videos on the Florida Bar consumer help page

TENANTS'

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