Landlord Rights With No Lease in Florida
As a landlord you do your best to screen tenants and rent to those who appear to be responsible adults. Sometimes, however, you find that once the tenants take over the property, they are anything but responsible. Even if you let them move in without signing a lease, the state of Florida gives you defined rights as a property owner.
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Agreement
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A rental agreement does not have to be in writing to be binding, according to The Florida's Bar. Verbally agreeing to allow a party to rent your property binds both you and the party to certain rights and responsibilities. One of your rights is to have the property returned to you in the same condition it was when the tenant took possession. You must, however, allow for normal wear and tear. You also have the right to enter the premises to inspect and be sure it is being kept clean and free of damage, but you must give a reasonable notice to the tenant of you intent to inspect.
Damage Control
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You have a right to terminate tenancy with a seven-day notice if your tenants are misusing the property or causing unusual disturbances. An example of misuse of the property would be using the property for a business, when it is zoned as residential only. Holding live band practices late at night and keeping all of the neighbors awake is an example of an unusual disturbance.
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Ending Tenancy
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Ending tenancy with a written notice is your right; however, the notice must be delivered in person. If the tenant pays on a month-to-month basis, you have the right to end tenancy with a 15-day notice prior to the start of a new month. If the tenancy is biweekly or weekly, you have the right to end the tenancy with a seven-day notice prior to the start of the new period. If the tenant is not at the property when you arrive to serve the notice ending tenancy, you have the right to post the notice on the door.
Deposit
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Keeping part or all of a security deposit is your right, if you can prove that the tenant did damage to your property beyond normal wear and tear. You must detail in writing any damages repaired and the cost of those repairs, and then refund the difference to the tenant within 15 to 45 days. If the damage is beyond the deposit amount, you have the right to keep the entire deposit, but be sure to take photographs to be able to prove your case if challenged by the former tenant.
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References
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