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.