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LEGAL CORNER with ANDREW PINEIRO, Esq.
Facts related to residential Landlord-Tenant law in Florida
1) Did you know that whenever money is deposited or advanced by a tenant on a rental agreement as security or advance rent, the landlord is required to either: A) hold those funds in a separate non-interest bearing account in a Florida banking institution for the benefit of the tenant, or B) hold those funds in a separate interest bearing account in a Florida banking institution for the benefit of the tenant, in which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects, or C) post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety, with the clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security deposits and advance rent he or she holds on behalf of the tenants or $50,000, whichever is less? F.S. s. 83.49(1).
2) Did you know that the landlord at all times during a rental tenancy must: A) comply with the requirements of applicable building, housing, and health codes, or B) where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps,
porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement? F.S. s. 83.51(1).
3) Did you know that the landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. F.S. s. 83.53(2).
4. Did you know that in any civil action brought to enforce the provisions of the rental agreement (i.e., the lease) or Florida Statutes Chapter 83 (Part II) (residential tenancies), the prevailing party may recover reasonable attorneys' fees and court costs from the nonprevailing party? F.S. s. 83.48.
These are just a few of the statutory nuances that we regularly deal with in our residential real estate practice. If you have a Landlord-Tenant issue, it is always best to have a real estate attorney on your side.
Andrew Pineiro, Esq., Pineiro Byrd PLLC, 4600 Military Trail, Suite 212, Jupiter,
Florida 33458, apineiro@pblawfla.com, http://jupiterrealestatelawyers.com
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