TENANT LAW

Both residential and commercial evictions are governed by Chapter 83 of the Florida Statutes, and although the statute may look simple enough, landlord tenant disputes can be deceptively complex.

Landlords often have an attorney representing them. Tenants should also have an attorney on their side to help defend the eviction. Having an eviction lawyer on your side can help make sure that the landlord has not made any mistakes or is not wrongfully evicting you, the tenant. If the landlord does make a mistake, an experienced attorney may be able to get the case dismissed and get a judgment against the landlord to reimburse you for attorney’s fees. Alternatively, your attorney may be able to negotiate a settlement that allows you to remain in the property and have the eviction dismissed.

At the Morey Law Firm, we can help you understand your rights as a tenant and their duties as a landlord. We have a great deal of experience representing both landlords and tenants in the eviction process. Contact our office today via our website’s free case review options or by phone at (407) 426-7222. 

Do you have questions about your landlord’s conduct, or misconduct. Typical landlord misconduct involves changing locks, failure to properly maintain rental, habitability, retaliatory eviction, breach of lease, discrimination, libel/slander, wrongful eviction, breach of statutory duties, etc.  At the Morey Law Firm, P.A., we can help your determine your rights. We have the experience you need to decide your best course of action regarding a lawsuit against your landlord. We can help guide you through each step of the litigation and discuss the best and most cost-effective approach for your case. Contact our office today via our website’s option for a free case review or by phone at (407) 426-7222. 

A well drafted lease for a residential or commercial property can help protect you from problems in the future. It's beneficial to have an attorney review or draft a lease. If you are a tenant, we review a proposed lease for you and make suggested changes, as well as drafting an addendum, if necessary, to protect your interests. Our lawyers negotiate terms with your prospective landlord and we can represent you in any disputes that may arise during the lifetime of your tenancy.

At the Morey Law Firm, P.A., we have helped tenants throughout Florida with reviewing lease agreements and negotiating terms with landlords according to your specific and unique needs.  You may contact us by completing a free case review on our website or by phone at (407) 426-7222.

Florida statues are very specific regarding the return of your security deposit and any claims a landlord intends to impose against it.  The rules are the same for tenants who move out under good conditions, such as expiration of lease agreement, and those who do not, such as eviction.  Also, keep in mind this notice deals with the Security Deposit only.  A landlord’s notice of intent to impose a claim on the security deposit does not necessarily constitute the final bill to the tenant.

Florida Statute specifies that, upon the tenant's vacating the premises, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of their intention to impose a claim on the deposit and the reason for imposing the claim.

Once the tenant receives a proper notice, they must provide the landlord with a timely object in order to preserve their rights to the deposit. 

There are exceptions to this rule. Florida Statute also provides that, except when otherwise provided by the terms of a written lease, any tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days’ written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of mentioned above; however, it shall not waive any right the tenant may have to the security deposit or any part of it.

In the event that a tenant objects to the landlord’s notice, either party can file a lawsuit asking the court to determine each party’s right to the deposit. The prevailing party is entitled to reimbursement of reasonable attorney’s fees and court costs.

At the Morey Law Firm, we can help you understand these rights and duties. We have a great deal of experience representing both landlords and tenants in this process. We can help you understand these rights and duties. Contact our office today by utilizing our website’s free case review option or by phone at (407) 426-7222.

A landlord is required by Florida law to maintain a rental unit. If you have a landlord that is refusing to make necessary repairs, Florida law provides you with a way of forcing the landlord to make those repairs. Moreover, depending on the specifics of your situation, you may be entitled to withhold a portion of rent, or terminate the lease agreement altogether. Florida law provides that:

83.56 Termination of rental agreement.—

(1) If the landlord materially fails to comply with s. 83.51(1) or material provisions of the rental agreement within 7 days after delivery of written notice by the tenant specifying the noncompliance and indicating the intention of the tenant to terminate the rental agreement by reason thereof, the tenant may terminate the rental agreement. If the failure to comply with s. 83.51(1) or material provisions of the rental agreement is due to causes beyond the control of the landlord and the landlord has made and continues to make every reasonable effort to correct the failure to comply, the rental agreement may be terminated or altered by the parties, as follows:

(a) If the landlord’s failure to comply renders the dwelling unit untenantable and the tenant vacates, the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable.

(b) If the landlord’s failure to comply does not render the dwelling unit untenantable and the tenant remains in occupancy, the rent for the period of noncompliance shall be reduced by an amount in proportion to the loss of rental value caused by the noncompliance.

(2) If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations, the landlord may:

(a) If such noncompliance is of a nature that the tenant should not be given an opportunity to cure it or if the noncompliance constitutes a subsequent or continuing noncompliance within 12 months of a written warning by the landlord of a similar violation, deliver a written notice to the tenant specifying the noncompliance and the landlord’s intent to terminate the rental agreement by reason thereof. Examples of noncompliance which are of a nature that the tenant should not be given an opportunity to cure include, but are not limited to, destruction, damage, or misuse of the landlord’s or other tenants’ property by intentional act or a subsequent or continued unreasonable disturbance. In such event, the landlord may terminate the rental agreement, and the tenant shall have 7 days from the date that the notice is delivered to vacate the premises. The notice shall be in substantially the following form:

You are advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because   (cite the noncompliance).

(b) If such noncompliance is of a nature that the tenant should be given an opportunity to cure it, deliver a written notice to the tenant specifying the noncompliance, including a notice that, if the noncompliance is not corrected within 7 days from the date that the written notice is delivered, the landlord shall terminate the rental agreement by reason thereof. Examples of such noncompliance include, but are not limited to, activities in contravention of the lease or this part such as having or permitting unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary.

In order for you to withhold rent for noncompliance after service of the notice specified above, the notice must be received by your landlord at least seven days prior to rent being due. For example, if rent is due for August on August 1st, the notice must be given at least 7 days prior to the 1st. If the notice is provided by mail, 5 additional mailing days are added.

You have to be very careful when drafting the 7 day notice in order to ensure that it is legally sufficient and served on time. At the Morey Law Firm, we can help with drafting most types of notices to your landlord. Contact our office today by submitting a free case review through our website or by contacting our office at (407) 426-7222.

Florida law provides a way for a tenant to break or terminate their lease agreement. Normally, a tenant breaks their lease after the landlord fails to comply with a legally sufficient 7 day notice from the tenant. This process is explained above in the “Maintenance Issues” section. Although, the lease itself might also provide for additional avenues for termination of the lease agreement.  

At the Morey Law Firm, we can help you understand your rights and duties in terminating your lease agreement. We have a great deal of experience representing both landlords and tenants in this process. We can help you understand what your best options are. Contact our office today via our website’s free case review or by phone at (407) 426-7222.