When tenants and landlords sign lease agreements, both have often overlooked responsibilities which can cause legal problems in court. Outside the leasing agreement you must be aware of state landlord tenant laws or youll pay dearly even if you are the victim. Both parties tend to leave ethics by the wayside. The laws mentioned here apply to Florida but may also apply to your state. Tenant Responsibilities
For tenants, you are expected to pay the rent by the date specified without delay or invoice, or excuses. Family deaths are invalid excuses for not paying your bills. Ethically challenged people often link one event to the other, when they in fact have nothing in common. Funeral events last days, hardly enough basis to justify being weeks behind in rent. Tenants must adhere to homeowners association rules or face eviction for noncompliance. You must observe health codes, keep the dwelling clean, maintain plumbing, dont abuse AC and electrical systems, empty the trash, and be responsible for property damage. If the landlord is in noncompliance of certain lease contract items, you may withhold payment, but only if you have sent a notice via certified mail, giving a 7 day cure period that goes unanswered. Tenants lose in court for failing to give landlords properly served notices, or cure periods, despite the landlord being at fault. Dont sabotage property to trap the landlord in a non-compliance situation. It is unethical, and wont get past the judge without an unanswered 7 day notice and cure period. Landlord Responsibilities
For landlords, you need to act 100% by the book or a clever tenant who knows how to work the system, with their lawyer, will rake you over the coals, causing you to incur fines even when you are the victim. Landlords must comply with all building, health and homeowners association regulations, and keep the structure in good repair. The electricity, plumbing, heating, and hot water all must work. During noncompliance by tenants, the biggest mistake landlords make is self helping when it comes to evicting tenants. It is illegal for you to change the locks to keep tenants out. Land lords who try to put this in their contract find its illegal, unenforceable, and endangers your entire contract. You cannot remove the tenants property unless the court evicts or declares abandonment. You cannot cut off utilities to force tenants out for non-payment or non compliance or else in court the judge will slap you with 3 months rent as restitution to the tenant, even though you are the victim! Both parties must be diligent with proper written communication to protect them in court. For nonpayment of rent, you must serve the tenant a written 3-day notice, giving 3 business days to either pay rent or move out voluntarily. You then sue the tenant in court, wait the required time for tenant response, or the court finds them guilty and issues the sheriff a writ of possession. Only the police can remove a tenant under court order, never do it yourself, youll face serious consequences. Avoid self help, no matter how angry you get, or you could land in jail, get fines, or both, just what the tenant wants. Then you have to start eviction proceedings all over. If both parties treat each other ethically and lawfully, your agreement will be a success. Most states have consumer affairs divisions with free guides explaining your rights, so educate yourself today and be smart tomorrow. |
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