Rights of Tenants and Landlords

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

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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mature man finalizing the deal by shaking hands with property manager

What Property Management Companies Look for in Renters?

In current times where it is difficult to get a property of your choice, and added worry is whether you will be able to pass the screen test of property management companies in Florida.

It’s not wrong on a property management company’s part to have certain expectations from renters – after all, as a renter, you too have some responsibility towards the property.

We have compiled a comprehensive list of things to keep in mind when you set out in the property market to look.

While you should not worry about the latter in the beginning stages of your house-hunting days, here are some points you should keep in mind if you want to appear as a responsible renter – 

Be On-Time

Especially when you have just begun talks of renting. Arrive on time, do all the paperwork before the deadline, and don’t waste anybody’s time. If you respect the time and are considerate of them, the best property management companies in Florida will look at you in a positive light. 

When you do end up getting the property, make sure you are paying on time. If you do this regularly, you won’t be given a hard time when you do end up having a serious problem that you need to deal with. 

Property Managers Will Do A Background Check So Be Upfront

Instead of trying to hide things, be open. When you get the property, do a thorough checking of it and let your manager know about whatever you find there so that you don’t get blamed for it later on.

Apart from that, if you are new to renting, and are respectful and polite, property managers will be more than happy to help you with repairs, and other issues. 

A little kindness and niceness do go a long way.

Respect the property

As a tenant, the house is now your responsibility as well. Keep it neat and tidy. Adhere to the rules and regulations that the property management company has set with your consent. 

A lot of properties have rules such as – you are not allowed to modify the wall colors or furniture, so make sure you know about those before you try to do something that will cost you and get you into trouble. 

If we talk about the official aspect of it, here are some things you will be asked for when you are looking for properties –

  1. Application fee – This is generally non-refundable.
  2. Identity proof – keep all possible identity proofs with and without photos handy.
  3. Your income – We need to make sure that you have enough resources to pay the rent on time. 
  4. Criminal background check.
  5. Credit score – If it is low, let them know upfront so that we can work something out.
  6. Co-signer – Especially if you are new in the renting business, you will be asked to get a co-signer to guarantee for you.

If you keep these things in mind, rest assured that you will be considered by property management companies for being tenants.

Ultimately, if you are respectful and punctual, you won’t have a lot of worries when it comes to renting a property. It is better to go looking for it only when you know you will be able to pay for at least 3-6 months, depending on your needs.

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showing a rental property to a happy couple

How Property Management Can Streamline Your Rental Business?

Lately, the rental business is considered to be the most sturdy form of passive income, which requires only a one-time investment and then is smooth sailing.

However, it can turn out to be a bumpy ride for people who don’t know what tactics to apply to keep their business flourishing. However, sometimes it gets hectic to manage your property and have a smooth property renting business.

Before moving ahead with the detailed benefits of hiring a property manager, we can say that landlords are bound by specific legal obligations. It is also true that not all tenants will pay their rent on time, and tracking payments or seeking evictions takes time. Property management companies in Florida save landlords time and frustration by handling those tasks.

Who Is A Property Manager?

Anyone who is a property manager will have to take responsibility for repairs, day-to-day maintenance and keeping track of all activities that go down in the rental space for the owner.

A property manager is someone who becomes the connecting link between the property owner and the tenant, without having to involve both of them in every trivial matter regarding the property.

Why Having A Property Management Company in Florida Will Be Beneficial?

Having a property management company in Florida looking over your property will help you in many ways, which will subsequently help boost your business.

Here’s what all property management entails – 

  1. It makes screening tenants and potential renters easier for the owner.
  2. The property manager will look over the signing and contracts on behalf of the owner. 
  3. Property management will create a system that will make collecting rent easier. 
  4. All the repairs that need to be done can be done timely and without having the property owner get involved in it. The tenant can convey the message to the property manager who will make arrangements for repair. 
  5. Property management also involves maintaining the property in its finest condition at all times.
  6. A property manager is also responsible for maintaining the budget and doing all the repair work in the given amount of money and time frame.

Here are the key points for you to consider, now that you are considering property management –

  1. Property management company is the involvement of a third party in your rental business for overseeing the property.
  2. You will have to pay a fee and commission to the property manager for their services.
  3. Property management will ensure that your rental business stays up-to-date and looks good in this competitive market without making you suffer any losses. 
  4. You will have to read the laws of your state and make sure you adhere to them when you involve a third party in your business. It is also important that you do a background check on the person who is going to be overlooking your business. 

Why Should You Get A Property Manager?


If you are a landlord who lives in another state or is going to be absent because of other work commitments, you can invest in hiring a property management company right away. They will be on-site at all times whenever needed and also make it easier for you to manage your property effectively. As mentioned above, all trivial matters and financial ones as well will be taken care of. 

Moreover, hiring property management companies will also allow you to handle federal laws. 

Make sure that the person who is undertaking your property management business has the right license for it. If it is an arrangement that you are making outside of the books, you need to have witnesses, and a legal paper and need to make it all as official as you can. 

Summing It Up 

A property manager acts as the bridge between the landlord and the tenants. This saves time on the landlord’s part and makes the tenant have a one-on-one interaction with someone responsible and reliable, hence increasing trust.

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