Author: Jena Conley, Volusia County Attorney

A common issue in property rental is recovering possession of the dwelling when a tenant refuses to vacate after their lease ends. Residential leases may terminate due to a material breach, failure to pay rent, or the expiration of the leasing term. Even when the lease is terminated, landlords often encounter situations where tenants remain […]

Balancing the rights of tenants and landlords, Florida law specifies several practices that landlords are prohibited from engaging in. Such practices are outlined in Section 83.67, Florida Statutes, which also provides the remedies available to tenants if a landlord violates these provisions. For landlords, understanding these laws are essential to avoid unintentionally committing prohibited acts. […]

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.

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.

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.