Tenant's Hardship Rights in Florida
Different states afford tenants different rights and responsibilities, and Florida is no different. If you're a renter in the sunshine state and are experiencing hardship, understanding your rights as a renter could help you protect yourself against an uncaring or unscrupulous landlord.
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Time to Correct Problems
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Your landlord can claim that you've violated your lease or rental agreement by failing to pay rent, even if your failure to pay rent is due to a significant hardship. However, he can't immediately move to evict you. Under Florida law, he must inform you, in writing, about the violation and give you time to resolve the problem by getting current on your rent. Only then can he go to court to have you legally evicted. By explaining your hardship to the landlord, however, you may be able to get him to agree to a relatively long window of time to allow you to overcome your hardship and pay him back rent.
Right to Peaceful Possession
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In Florida, whether you have a written lease or not, you are entitled to a peaceful and private possession of your rented unit. That means that your landlord may enter the unit only to inspect it or make needed repairs, and then only if he first provides you with reasonable notice. This applies even if you fall behind on rent. The property owner can't simply barge into your rental because you haven't paid your rent. Only with a court order and writ of possession can your property be removed from the rental and the lock changed. And this can be done only by a Sheriffs officer, not the landlord.
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Dwelling Fit to Be Lived In
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You have a right to a rental unit that has adequate and working plumbing, doors and windows that lock, and is structurally sound. It must also be in compliance with local and state health, safety and building codes. That means that simply because you fall behind on rent does not mean that the property owner can ignore your requests to fix certain things or take care of a pest problem. Nor can your landlord cut off your utilities without first getting an eviction order from a court. In fact, engaging in this type of behavior may make your landlord liable for damages of as much as three months rent.
Notice of Eviction
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If the property owner has obtained an eviction order, he must give you the amount of time specified in your lease, if you have one, to move out. If you rent the unit on a month-to-month basis, he must give you a minimum of 15 days notice before sending an officer to execute a writ of possession. This may give you sufficient time to move your property to a new, more affordable rental, or into storage if you plan to move in with a parent or friend.
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References
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