Obligations on both sides re tenant/landlord real estate disputes

| Dec 18, 2017 | Real Estate Disputes |

Many Florida residents choose to live in rented homes, such condominiums, apartments or single family dwellings. When a tenant and landlord enter a signed contract, obligations exist on both sides. Real estate disputes often arise when one party accuses another of violating the terms of a particular agreement.

When it comes to lease renewal, a landlord does not have complete free rein but does generally does have the ability to choose not to renew a lease if an existing agreement has expired. There are certain situations, however, in which a tenant could file a complaint if he or she suspects a landlord of acting in retaliation or some other unlawful manner. The burden of proof in such circumstances lies with the plaintiff; therefore, it is typically best to seek legal representation before attempting to resolve such issues in court.

If a landlord agrees to a lease extension with a tenant, then does an about face and terminates the lease, it may be grounds for a complaint. One example might be a landlord who agrees to extend a lease then terminates the agreement when a friend or family member wishes to rent the property instead. Allowing and then rescinding an extension without notice may be seen as unlawful termination of a lease if the court is convinced that evidence shows a landlord acted unlawfully.

On the flip side, a landlord is under no obligation to extend a lease if a tenant does not act on an extension option in a timely manner. If a tenant refuses to vacate a property when a lease is terminated, a landlord may have grounds for litigation. Florida tenants or landlords experiencing problems due to real estate disputes may seek swift resolutions by consulting with experienced real estate law attorneys.

Source: FindLaw, “Does the Landlord Need a Reason to Terminate the Lease at the Expiration of the Term?“, Accessed on Dec. 16, 2017

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