Landlord / Tenant Issues

Eviction

As with any other agreement, if one side fails to perform obligations under a lease, the other side may bring a lawsuit based on a violation of the Lease to enforce the obligations.  

Three (3) Day Notices

The most common cause of litigation between Landlord and Tenant involves the non-payment of rent.   Florida law tries to provide a speedy legal remedy for landlords, featuring a sharp reduction in the time permitted for a defendant to respond (five (5) days), and giving the case preference over most other types of cases on the court calendar for an early hearing date. The procedure is called an “Unlawful Detainer or Eviction.”

In many ways, Eviction actions are tilted, procedurally, in favor of the landlord over the tenant.   Because of this, Courts are extremely strict in the enforcement of the landlord’s procedural obligations.   A very slight technical violation on the part of the landlord can cause an Eviciton action to be dismissed by the Court.   It can be re-filed, of course, but the unpaid rent continues to mount while that is being done.  In the event your case is dismissed, you are entitled to reimbursement of the reasonable attorney's fees incurred in defending the action.

Keep in mind that if the Landlord files an evcition action against you for non-payment of rent, if you want to defend the action, in most cases you will be required to place the back rent into the registry of the Court.  This assumes of course that the Landlord followed the proper procedural requirements established by Florida law.  If you think the Landlord has not acted appropriatelty, contact the Law Offices of Andrew D. Tarr today to schedule a free consultation.


Security Deposits


One of the most common complaints clients discuss with me is that their Landlord wrongfully withheld or failed to return their Security Deposit at the end of the Lease.  If this has happened to you, the Law Offices of Andrew D. Tarr can help you recover your Security Deposit.  Florida law is very clear, not just in the manner in which Security Deposits are required to be held by Landlords, but also with respect to the manner in which a Landlord may assert a claim on your Secuirty Deposit.  If the Landlord does not comply with the letter of the law, you ARE entitled to a return of your Security Deposit, plus interest.  Furthermore, in the event you are required to file a lawsuit in Court to recover an improperly retained Security Deposit, the law provides that if you prevail, the Landlord must reimburse you your reasonable attorney's fees and costs incurred in having to prosecute such a claim in Court. 

The Law Offices of Andrew D. Tarr will file a lawsuit against your Landlord if we feel that your Landlord has violated Florida law.  Best of all, you will find that it is extremely affordable.  Call us today to see how we can help you.


Lease Negotiation


Your Landlord has an attorney who has assisted in the preparation of your lease.  There are many different clauses in Leases and each one has been crafted over time for a particular purpose.    Don't be fooled into being convinced that your lease is a "standard" or "uniform" Lease.  Each Lease is different and each provision should be carefully considered because once it is signed, the Lease becomes the legally binding document that will govern your relationship during the course of your tenancy.  Prior to entering into a Lease for new property, contact the Law Offices of Andrew D. Tarr to schedule a free, no obligation, consultation.

 

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Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. The hiring of a lawyer is an important decision. For further information about our credentials, please call or write.