Law Office of Ryan S. Shipp, PLLC

The rights of tenants in Florida

Florida residents who rent an apartment or home have rights under state and federal law. For instance, they have the right to not be discriminated against by a landlord. The Fair Housing Act says that a person seeking housing cannot be turned away solely because of race, gender or religion. It is also illegal to turn someone away simply because they have a child.

While a tenant might be required to pay a security deposit, it is necessary to have that deposit returned at the end of the lease. Generally, landlords can only withhold that deposit if some or all of it is needed to make repairs or cover unpaid rent. State law may also place a cap on how much a landlord can demand for a security deposit.

Tenants do have the right to live in a habitable home, and they also have the right to live there in privacy. While landlords can enter the premises, they generally have to give advanced notice before doing so. If necessary, landlords may do background checks, and they can levy an increased security deposit for those who have pets or other items that may increase a landlord's liability.

Ideally, a landlord will check with an attorney prior to creating a rental agreement. This may increase the odds that a property owner is within the boundaries set by state and federal law governing how a property may be used by a tenant. If a landlord violates a tenant's rights, that person may be entitled to compensation or the ability to break the lease. This could also be true if a landlord wrongfully evicts the tenant or fails to follow the law when doing so.

No Comments

Leave a comment
Comment Information

Law Office of Ryan S. Shipp, PLLC | 814 W. Lantana Rd., Suite 1 | Lantana, Florida 33462 | Phone: (561) 699-0399 | Map & Directions