Double rent, security deposits and other rental matters

| Nov 13, 2016 | Real Estate Disputes |

For tenants and landlords alike, legal issues involving rentals can make life challenging. While landlords face problems related to back rent or damage to their property, tenants may worry about how an unlawful eviction will affect their family or force their business to close. In Miami-Dade, and all other Florida regions, it is essential for landlords and tenants who have found themselves in disputes regarding rentals to closely analyze the details of the situation.

From a residential tenancy to a non-residential tenancy, real estate disputes over rentals take many forms and it is vital for tenants and landlords to understand the laws in Florida. For example, the Florida Senate states that a landlord is able to charge double rent on a non-residential property when a tenant refuses to hand over control of the premises after the expiration of the lease. With residential properties, landlords have various responsibilities, such as making sure that common spaces are safe, bedbugs and rats are exterminated and functional smoke detectors are installed in homes. On the other hand, tenants must ensure that garbage is removed from the dwelling hygienically and that property is not defaced, among other duties.

According to the Florida Legislature, landlords have a number of responsibilities with regard to security deposits. Once tenants leave, landlords are required to give a tenant the deposit back if they do not plan on pressing a claim. When a landlord decides to press a claim, they must provide the tenant with written notification via certified mail which states why they will withhold the security deposit.

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