TENANT RIGHTS ATTORNEY
When a person pays rent to live in a house, apartment, condominium or mobile home, the renter becomes a tenant governed by Florida law and has certain rights and responsibilities under this law.
JACKSONVILLE TENANT RIGHTS ATTORNEY WORKING FOR YOU
Under Florida law, tenant rights are specified in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act.
A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant’s to lawfully use. The landlord is required to rent a dwelling that is fit to be lived in. It must have working plumbing, hot water and heating, be structurally sound and have reasonable security, including working and locking doors and windows, and it must be free of pests. The landlord also must comply with local health, building and safety codes.
You should contact your Jacksonville Tenant Rights attorney today if you believe you have a claim against your landlord or property management company for issues such as:
- · Security deposit theft
- · Unlawful fees and excessive charges
- · Harassing rent collection practices
- · Unlawful eviction
- · Failure to maintain the property
- · Ignoring requests to fix and repair
- · Lease violations
- · Rent increases
- · Negligence issues
- · Slip and fall
- · Discrimination
- · Hidden fees and charges
- · Sending unpaid rental debt to debt collectors
SECURITY DEPOSIT THEFT
A security deposit is money that the landlord holds to protect itself in case you break the rental agreement by not paying rent or causing damage. If all goes well, you leave the place clean and undamaged with no unpaid rent and you get the whole deposit back within 15 days of leaving. Unfortunately, in some instances Landlords have tried various tactics to unlawfully keep the money.
RETURNING A TENANT'S SECURITY DEPOSIT IN FLORIDA
- Landlords must return the security deposit within 15 days of lease termination. If a claim is being imposed on the security deposit the landlord has 30 days from the termination of the lease to notify the tenant in writing of their intention to keep a portion of the tenant's security deposit. If the landlord fails to notify the tenant in writing within 30 days, the landlord forfeits the right to keep any portion of the security deposit.
- The written notice must:
- 1. Be sent by certified mail to the address on file for the tenant.
- 2. State the intention to keep a portion or all of the security deposit and list the reasons why.
- 3. Inform the tenant they have 15 days from receipt of this letter to contest it, but they must contest it in writing.
- Florida law suggests the landlord using a statement similar to this one:
- This is a notice of my intention to impose a claim for damages in the amount of ___ upon your security deposit, due to___ . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice, or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address).
- The landlord forfeits its rights to impose a claim on the security deposit if they don’t send a certified letter within 30 days of lease termination. If you don’t receive your security deposit or a certified letter from your landlord within 30 days of termination of the lease, you may have a claim against your landlord. You don’t pay unless we win your security deposit claim.
WHAT TO DO TO MINIMIZE RISK OF SECURITY DEPOSIT THEFT
· Always timely provide the landlord with a forwarding address in writing. Review your lease and follow all move-out instructions.· Review your lease and follow all move-out instructions.· Request a walk-through inspection at move out.· Always take photos of the property when you move in and when you move out.
CALL TODAY FOR A FREE INITIAL CASE EVALUATION
If your rights as a tenant are being violated or your landlord is violating your lease you should call today. Call the Law Office of Glenn S. Banner, P.A. today for a free case evaluation. For your convenience, Glenn can come to you and meet you at your home or office.
Your Jacksonville tenant rights attorney provides legal services throughout Northeast Florida, including, Jacksonville, the Jacksonville Beaches, Ponte Vedra, Nocatee, Julington Creek, St. Augustine and all communities in between
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