Rights of Tenants and Landlords
December 1, 2022

Rental Agreements- Rights of Tenants and Landlords in Houses For Rent in Orlando

Are you searching for a house for rent in Orlando? If yes, then knowing about the rights of the tenants and landlords is essential. 

Landlord-Tenant Act governs the tenancy of commercial and residential properties. It primarily consists of state and common law. 

Several states base their laws on the Uniform Landlord and Tenant Act (URLTA) or the Model Residential Landlord-Tenant Act. Additionally, federal law can be relevant during national/regional emergencies and prevent discrimination. 


Let’s learn every basic detail about the rental agreements, rights of tenants and landlords in Houses for rent in Orlando. 

Lease Period

  1. The relationship between the tenant and landlord is temporary and agreed upon in advance. When the term expires, the tenant’s ownership rights also end. In this regard, the landlord has the right to take possession of the land and restrict others (including the landlord from entering their land and subleasing or transferring the property).
  2. But in some cases, the tenant can exceed their stay period on the property they were currently residing in even after the lease period expires. These conditions are defined below:-
  3. Natural calamity or Disaster

In case of natural calamity, like a hurricane, tornado, flood, etc., occurs in the state of Florida, properties that come under these situations elsewhere cannot evict their tenants without the proper permission of the state government or the Judiciary. This is also applicable to small homes for rent in Florida or elsewhere.

  1. State emergency

When the government declares a state emergency like a financial crisis or a pandemic like COVID-19, owners can’t evict their tenants without permission of the state government or the Judiciary. Taking help from property management companies in Orlando will keep you safe and updated with all the laws.

  1. War

The housing laws in the state of Florida and the United States of America have clear guidelines for times when a nation is at war. It states landlords can not pass an eviction notice without prior permission from the National Government or the Judiciary.

Quiet Enjoyment or Right to Privacy

The relationship between the landlord and tenant has its basis in obligations arising either from common law or individual tenancy. The basic principle of all rentals is quiet enjoyment. This agreement guarantees the tenant that their possessions will not be disturbed by anyone, even those with the title of the land, including the landlord.

The above statement clearly states that:-

  1. An individual or persons in a group have no right to be on the tenant’s property without prior notice or permission, this applies even to the landlord.
  2. Any person holding a place in law enforcement like police or military personnel in groups or individuals, cannot break the right to privacy without the proper legal documents. These include a state judge-signed warrant or a notice.
  3. The above-mentioned step can be taken only if the tenant has broken any state or federal law. Or they have a minor offense done while on the property, like playing loud music, etc.

Eviction

Persons in a group or an individual have no right to be on the tenant’s property.

Eviction is the right of an owner. They can legally Barr or ban the current tenant with or without notice. This action can be performed only under given conditions and situations stated by the state government law and the judiciary of Florida.

  1. The tenant can be evicted when they have openly violated the legal agreements or housing laws stated by the state of Florida during their lease period.
  2. The tenant can also be evicted in the absence of the timely payment of the agreed rent amount.

The landlord can use these two methods for eviction.

  1. Self-help eviction

A landlord can physically enter the leased house and use a reasonable amount of force to evict his tenant. But the amount of reasonable force is only determined by a court of law.

  1. Suing the tenant

A landlord can also sue the tenant. Law enforcement handles this situation only after proper permission or a warrant is signed by a judge in the state of Florida.

The landlord cannot evict the tenant in retaliation for a complaint registered by the tenant for reporting a housing violation. If this situation arises, the tenant can file a lawsuit. This may result in the landlord getting fined or getting sentenced to prison.

The Housing Codes to be Followed

The landlord needs to follow some standard protocols. They ought to ensure the house they lease out or have already leased must be habitable.

In case of a breach of law, the tenant can take action as mentioned below:-

  1. They can withhold the requisite rental amount till the landlord complies with the standards set by the housing code and undertakes the rental property maintenance.
  2. The tenant can use the withheld rental amount towards rental property maintenance.
  3. The tenant can take legal action against the owner of the property.

Discrimination

Any discrimination by the landlord or the tenant toward each other is a serious offense according to the Civil Rights Act of 1866 & 42 U.S. Code, Chapter 45, Federal Fair Housing Act. Allow Benchmark Management Group to help you manage your rental properties in an effective way.

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Agreeing to Lease Agreement
July 27, 2022

Ten Terms To Include In Your Lease Agreement

A lease agreement is basically a contract between a landlord and the tenant. This lease agreement gives the right and authority to the tenant to live in the landlord’s property for a specific period of time which is mostly a six-month period or a twelve-month period. 

This contract is what binds the landlord and the tenant to the contract or agreement. 

This lease agreement defines the interests of both the parties such as the rent amount, rights of the tenants, and rules regarding pets. It must be a well-formed document that clearly reflects the welfare of the landlord and the tenant.

Florida Property Management Experts can help you frame this lease agreement in a well-structured and well-formed manner. They will guide you through the process and do what is best for both parties.

Orlando property management companies can help you throughout the process of forming your lease agreement in the best possible manner.

Ten Terms To Include In Your Lease Agreement

A lease agreement sets up the rules that are to be followed by the tenant as well as the landlord to follow a smooth landlord-tenant relationship. It is a legal document that lays out all the business details that are crucial and paramount.

This lease agreement should cover the basic terms that are related to tenancy. So, the important ten terms to include in your lease agreement:

1. Names Of All Tenants

The name of every adult who is going to live on the property which shall include the married and the unmarried ones should be mentioned in the lease agreement. Their names should be mentioned as tenants with their signatures alongside. This ensures that the names of all the tenants on the lease agreement are legally responsible for everything. 

2. Limits On Occupancy

This makes sure that you limit the number of people living on your property. It ensures that the names of the tenants mentioned on the agreement, along with their minors, can live on your property and nobody else. This clause gives you the authority to evict any extra person living on your property.

3. Terms Of Tenancy

It explains and defines how long you want your tenants to stay on your property and do you want to renew or extend their stay or not. Usually, the lease agreements last for a year, but it totally depends on the landlord and how long he wants his tenants to stay at his place.

4. Amount Of Rent

The lease agreement should clearly specify the amount or rent to be paid by the tenant. It should also mention the means or medium through which the rent is to be paid. It should clearly mention:

  • The last date of the rent payment
  • Acceptable payment methods.
  • Mention late fees and how much late fees will be included if rent is not paid on time.

5. Deposits And Fees

This clause involves all the conditions and information about security deposits. It is believed that these security deposits are the major source of tension between the landlord and the tenant. So, it includes the use of deposit, how and when it is to be returned, etc.

6. Repair And Maintenance

This clause sets out the duties regarding repair and maintenance separately of the tenants and the landlords. It must state the tenant’s duty to keep the place clean and hygienic, inform you about any damage, or should not carry out renovations on their own.

7. Entry To Rental Property

This clause explains the legal rights of the tenants to access the property into the landlord’s property. 

8. Restriction On Illegal Activity

This clause prohibits any abusive behaviour, excessive noise, and carrying out illegal activities by the tenants. This helps the landlord to keep his property peaceful and serene.

9. Pets

This clause will mention whether you allow pets at your property or not. If you do not allow pets, then you should clearly mention it in the lease agreement.

10 Other Restrictions

This clause should state all the restrictions you might want to include in your lease agreement. For example, bringing additional roommates.

How To Make Your Lease Agreement Perfect?

Every landlord wants to be on clear terms with his tenant. For this, creating a lease agreement yourself may be a bit difficult and confusing. You might need help to frame a clear and perfect lease agreement which will further help you build a smooth relationship with your tenant.

Florida property management experts can help you with framing the lease agreement if you are not aware of how to get or create one. Florida property management experts are the team of professionals who guide you throughout the process in a gentle yet smooth manner. 

Orlando property management companies offer you to manage the leasing, renovation, management, brokerage, and maintenance of your property. 
The Orlando property management companies also help you to create and understand the lease agreement and read between the fine lines. Their services are truly beneficial for people who are new to this business.

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