Typically, when you rent a home, apartment, condominium, or commercial property to another person or business, you enter into a legal contract known as a rental agreement. This rental agreement need not be in writing; however, a written agreement is preferable. If the rental agreement is in writing, it is usually referred to as a "lease."
The lease should have certain basic conditions as specified by Florida law which you should understand before you enter into the agreement. As a landlord you have certain rights, but along with those rights you also have certain duties. Regardless of whether you have a written lease agreement or an oral lease, Florida landlord and tenant laws impose specific duties and gives rights to the parties. Your obvious right as a landlord is to receive rent for the use of the property.
Another important right is to have your property returned to you undamaged at the end of the lease term. The tenant should return the rental property in the same condition in which it was received, except for ordinary wear and tear. In return for these rights, it is the landlord’s duty to provide a rental property that is safe, meets city code requirements, and to make reasonable repairs when necessary. It is important to keep in mind that sometimes these obligations can be limited or modified under the lease, so long as Florida law allows the parties to do so.
Regardless of whether you are renting a spare bedroom in your home or are part of national real estate investment company, the attorneys at Morey Law Firm, P.A. have worked with landlords and property owners across the spectrum. Without a doubt one of the most common legal issues that residential landlords run into is a tenant who refuses or in unable to pay rent. Unfortunately, regardless of whether the tenant pays rent on time or not, landlords have financial obligations of their own. At the Morey Law Firm, P.A. we strive to evict non-paying tenants in the quickest and most efficient ways possible. We understand that the longer a tenant fails to pay rent, the more money the landlord or property owners are out.
Once you call our office you will be put in contact with the eviction attorney who will handle your case. After you explain the particulars of your situation, your attorney will be able to develop a game plan unique to your needs and work quickly to remove the problem tenant. Regardless of whether you need to evict a tenant for non-payment of rent or breach of the lease agreement, our attorneys are here to assist you.
Our law offices are centrally located in Orlando, FL, allowing us to provide representation throughout Orange, Seminole, Volusia, Osceola, Lake, Hillsborough, Pinellas, Polk, and Alachua. We are conveniently located just blocks from the Orange County Courthouse at 250 North Orange Avenue, Suite 1220, Orlando, FL 32801.
Please call our office today at (407) 426-7222 to make an appointment with one of our Orlando eviction attorneys for a free confidential consultation.
When your commercial or business tenant, fails to pay rent, Chapter 83 of the Florida Statutes provides you, as the landlord, with certain remedies to take back possession of the property. A commercial eviction can also be based on a violation of the rental agreement, other than failure to pay rent. As a commercial landlord one of your main priorities when a tenant disputes arises should be getting the defaulting tenant out, and getting a new paying tenant in.
Commercial evictions in Florida can be highly complex and technical. The process of removing your commercial tenant also requires strict compliance with the procedures set forth in the Florida landlord-tenant statutes and applicable case law. Although some commercial landlords attempt to navigate the commercial eviction process themselves, it is advisable to engage the services of a highly experienced and competent attorney who can carefully guide a commercial landlord through each step of the eviction process. Our Orlando commercial eviction lawyers can ensure that you follow the proper procedures to help put you in the best position for a favorable outcome.
At the Morey Law Firm, we can help. We have experience in successfully representing landlords throughout Florida with their commercial eviction needs, and assisting Florida landlords in accomplishing their objectives of collecting past due rent and/or removing nonpaying tenants. The sooner you act to remove a defaulting tenant, the sooner a high quality paying tenant can re-occupy the space. Contact our office today via our website’s free case review option or by phone at (407) 426-7222.
Regardless of whether you are a commercial or residential landlord, you may be entitled to sue your tenants for past due rent. You can seek recovery of past due rent at the same time that you sue for eviction or possession. However, it can also be done at another time, as provided by Florida law, after you receive possession from the nonpaying tenant.
There are some factors every landlord should consider before determining whether to sue a defaulted tenant for past due rent. First, is the amount that is owed to you worth the time, energy, and cost to attempt to collect it? There is no magic number or amount that would make collection a good option. The amount is different for each person or business. Second, if you do obtain a judgment for past due rent against the tenant, are they collectable? If the person is employed then you might be able to collect the judgment by filing a garnishment of their wages. However, a garnishment action is a separate lawsuit that requires you to purchase another summons. Even if the person is employed there are several exemptions that may prevent you from garnishing his or her wages. You can also garnish a person’s bank account. However, there are many exemptions that can apply here as well. For instance, the first $1,000 in the account is exempt from garnishment. Any money in the account that is derived from government benefits is also exempt. If the garnishment exemptions do not apply, and you are lucky enough to be able to go forward, make sure that you do not make the mistake of serving the debtor before you serve the bank so that the debtor has time to drain his/her account.
At the Morey Law Firm, we have the experience you need to decide your best course of action regarding a lawsuit for past due rent. Contact our office today via our website’s option for a free case review or by phone at (407) 426-7222.
Security Deposit Disputes
Florida landlord tenant law has specific procedures that a landlord must follow with regard to holding security deposits, making a claim against a security deposit, and returning a security deposit. If a landlord fails to follow these procedures, the landlord could potentially waive their right to any portion of the security deposit, regardless of damage to the property. Additionally, if the tenant sues the landlord for a return of the security deposit, the landlord could be liable for paying the tenant’s attorney’s fees if the landlord’s notice of intent to make a claim on the security deposit was improper. At the Morey Law Firm, we can help. We have the experience you need in helping you correctly make a claim on the tenant’s security deposit. Contact our office today via our website’s free case review or by phone at (407) 426-7222.
A holdover tenant is a tenant who occupies the leased premises without the landlord’s permission after the lease has expired. If the term of the tenancy is not specified in a written agreement or lease, either party may terminate the lease by giving written notice. The amount of notice you need to provide depends on how often the tenant pays rent. For example, Florida law requires that if the tenant pays rent on a monthly basis, then the landlord needs to provide at least 15 days’ notice. If the tenant fails to vacate after a proper notice, they will become a holdover tenant. The consequence under Florida law for being a holdover tenant is that the landlord is entitled to recover double the rent due for the period the tenant wrongfully refuses to vacate. At the Morey Law Firm, we can help determine your rights under Florida law and can represent you in lawsuit against a holdover tenant. Contact our office today via our website’s free case review or by phone at (407) 426-7222.
Unauthorized Inhabitants (Unlawful Detainer and Forcible Entry)
Sometime, the owner of a property will allow someone to live there without any agreement to pay rent. Without an agreement to pay rent, there is no landlord-tenant relationship under Florida law. In the event this person refuses to vacate the property when asked, the owner, or person with the right to possession, must file a lawsuit, usually for unlawful detainer, to get this person out and regain possession. However, many people get confused and think that they need to file an eviction. That is not correct because an eviction is only for a landlord-tenant relationship. It is very important to know the difference between an eviction and action for unlawful detainer. File suit under the wrong one can be a costly mistake! Alternatively, a forcible entry occurs when a person has no invitation but has resided on the premises. Both unlawful detainer and forcible entry actions are governed under Summary Procedure which is an accelerated trial docket. Normally, a trial can be held in less than 90 days.
At the Morey Law Firm, we can help determine your rights under Florida law and determine the proper action to take, such as filing for unlawful detainer or forcible entry against the unauthorized person in possession. Contact our office today via our website’s free case review or by phone at (407) 426-7222.
An ejectment action is similar to an unlawful detainer/forcible entry action. Both cases involve a person who is residing on the premises but does not have a lease agreement with the owner to be on the premises. The difference between the ejectment and the forcible entry/unlawful detainer is that an ejectment action is based on some right, title, or interest in the property. In a forcible entry or unlawful detainer action, the person residing on the premises solely has possession. In an ejectment action, the person living on the premises says they have a legal claim to the property. An ejectment action needs to be filed in Circuit Court and is not governed by Summary Procedure which means it does not go very quickly. Ejectment lawsuits are generally more complex and involve more detailed issues than an eviction or unlawful detainer.
At the Morey Law Firm, we can help determine your rights under Florida law and determine the proper action to take, such as filing for ejectment against the unauthorized person in possession. Contact our office today via our website’s free case review or by phone at (407) 426-7222.
Residential Lease Preparation and Review
The foundation of the relationship between a landlord and their tenant is the lease agreement. Although this there is such thing as a verbal lease agreement, it is never advisable that a landlord attempt to rent property without a detailed agreement in place. A properly drafted lease agreement will layout each parties’ rights and obligations to the other. For instance, a landlord may want to specify that a tenant is responsible for all minor repairs to the rental property that are less than $100.00.
The more detailed your lease agreement, the fewer points you leave to interpretation when a dispute arises. A well drafted lease agreement should provide both the landlord and tenant with a reference point whenever there is a disagreement or an issue arises. It should also provide either side with enough information so that they can give proper notice of the issue to the landlord or tenant.
We have helped landlords throughout Florida with drafting lease agreements that are specific to their unique needs. Whether you need one lease agreement drafted, or are in need of a form-style agreement that can be used with multiple properties, we can help. You may contact us by completing a free case review on our website or by phone at (407) 426-7222.
Commercial Lease Preparation and Review
The foundation of the relationship between a landlord and their tenant is the lease agreement. Although this there is such thing as a verbal lease agreement, it is never advisable that a landlord attempt to rent property without a detailed agreement in place. A properly drafted lease agreement will layout each parties’ rights and obligations to the other. For instance, a landlord may want to specify that a tenant is responsible for all minor repairs to the rental property that are less than $100.00.
The more detailed your lease agreement, the fewer points you leave to interpretation when a dispute arises. A well drafted lease agreement should provide both the landlord and tenant with a reference point whenever there is a disagreement or an issue arises. It should also provide either side with enough information so that they can give proper notice of the issue to the landlord or tenant.
We have helped landlords throughout Florida with drafting lease agreements that are specific to their unique needs. Whether you need one lease agreement drafted, or are in need of a form-style agreement that can be used with multiple properties, we can help. You may contact us by completing a free case review on our website or by phone at (407) 426-7222.
Landlord Specific Asset Protection
Whether you have one rental property or hundreds, minimizing your liability should be of paramount importance. Did you know that a judgment creditor may be able to act against your non-homestead property? Often times a landlord does not think of asset protection until it is too late.
You can meet with one of our Orlando-based landlord tenant attorneys to discuss your situation and determine what your best plan of action may be. Simply purchasing a rental property in the name of a corporation may not, and often times is not, the best solution. Our attorneys have experience setting up corporations, developing land trusts, and other available options to make sure your investment properties are protected.
At the Morey Law Firm, we can help you develop a landlord specific asset protection plan. Contact our office today via our website’s free case review or by phone at (407) 426-7222.