The Rights of a Tenant on a Lease Not Executed in Florida
In Florida, tenants with verbal leases have all the same rights as tenants with written leases, with a few minor exceptions. Landlords have specific responsibilities, as prescribed by Florida law, that they must fulfill, regardless as to whether a lease is written or verbal. Although tenants are typically in a better position to demand specific things addressed in a written lease, they still have rights under a verbal lease that a landlord must recognize.
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Verbal Leases
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Pursuant to Florida law, a verbal lease creates an at-will tenancy. This means that the tenancy is week-to-week or month-to-month, depending on when the rent is paid. For example, if a tenant has a verbal lease, and the rent is paid on a monthly basis, the tenancy is considered a month-to-month tenancy. Following this example, a tenant can move out at the end of any given month without breaking the verbal lease agreement. This is not unlike when a tenant has a written lease for a term of one year. In that case, the tenant can move out at the end of the one-year term without breaking the lease, provided the lease was not renewed.
Tenant's Rights
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Under Florida law, tenants with verbal leases have the right to live in rental premises that are habitable. This means tenants are entitled to sufficient hot water, running water, working appliances and safe common areas. Additionally, tenants with verbal leases are entitled to privacy; this means that a landlord must notify a tenant in writing before entering the tenant's apartment.
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Landlord's Responsibilities
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Tenant's rights often arise out of landlord's responsibilities. In Florida, landlords must keep the rental premises in compliance with building codes. Additionally, landlords must fix broken appliances and plumbing within a reasonable time after being notified. Landlords are also responsible for providing garbage pick-up and working locks. Lastly, landlords must refund security deposits when the tenant moves out, provided the tenant didn't cause damage beyond "normal wear and tear."
Other Considerations
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Tenants with verbal leases are only entitled to the protections provided under Florida law. As such, if a landlord promised something outside the scope of Florida law, the tenant has little recourse. For example, if a landlord verbally promised to install new appliances or carpet, but failed to do so, a tenant will have a difficult time enforcing the promise unless it's put in writing.
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