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Author: Jena Conley, Volusia County Attorney

Right to withhold rent in Florida.
Often, a tenant may decide to withhold rental payments when their landlord fails to perform their duties as required under Florida law and the lease agreement. While Chapter 83, Florida Statutes, does permit tenants to withhold rent under certain circumstances, the process and procedure can be confusing and complex. Understanding Florida law and the terms of the lease is crucial for both landlords and tenants to uphold their responsibilities and protect their rights.
A partition action is a legal proceeding involving jointly owned property. Owning real estate with another can be fraught with many challenges and disagreements. Unfortunately, not all disputes can be resolved amicably. In instances where owners cannot reach an agreement on whether to sell their property or the specifics of its sale, a partition action may become necessary.
Landlords are often faced with a difficult decision when a tenant unexpectedly moves out. These decisions are even more complex as landlords try to navigate Florida law and the terms of the leasing agreement. When a tenant moves out before the agreed upon date, it is crucial to examine the law and the lease to remedy the situation in a lawful manner.
While eviction and unlawful detainer both involve the removal of another person from your property, they are two distinct and separate causes of actions despite their apparent similarities. Understanding the specifics of the situation and the law is crucial in choosing the appropriate legal court for removing an unwanted occupant from your premises.
Property ownership in Florida can be a complicated endeavor, especially when owned among several individuals. This shared ownership can introduce a host of legal complexities that require careful consideration. When property co-ownership issues arise, it’s advisable to seek assistance from an experienced attorney to effectively address these matters.
Leasing property can sometimes come with unexpected difficulties. Situations may arise where a landlord needs to terminate a leasing agreement before the end of the leasing period. Chapter 83, Florida Statutes, governs residential rental agreements in Florida and provides statutory requirements that a landlord must follow to legally terminate a lease early. As a landlord, it is essential to understand these laws or to contact a knowledgeable attorney to ensure compliance with Florida’s laws that serve to protect both landlords and tenants.