Habitation and eviction rights – part 2

| Jan 10, 2016 | Real Estate Disputes |

Last week at the law blog of Cuevas, Garcia & Torres, P.A., we talked about the rights that landlords have to protect their interests and investments where tenants are involved. However, we understand that renters in Miami also have rights, which we will discuss in this post.

If you are renting a home, townhouse, apartment or condo in Florida, what should you be able to expect of your landlord? One of the most common disputes between tenants and landlords is that of payment. Sometimes you might have no choice but to pay your rent late – but wait too long and your landlord has the right to evict you. However, state law provides you certain rental protections that can give you a few days to catch up. According to the Florida Department of Agriculture and Consumer Services, your landlord should allow you three days or more to pay your rent when it’s past the due date before beginning eviction proceedings. In many cases, a landlord’s grace period is between five and 10 days.

You also have the right to live in a safe and habitable residence. This means your landlord should keep the property in good condition. For example, if your water heater breaks, the landlord should have it repaired or replaced so you are not out of hot water. Stairways and walkways should be kept in good repair, with no broken handrails or large cracks to create a hazard.

If you make a complaint about the property conditions or other aspects of the rental, your landlord should not retaliate by raising your rent or evicting you without cause. You can learn more about common property disputes by visiting our page.

Archives