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About Landlord & Tenant Law in Orlando, United States

Landlord and Tenant law in Orlando, Florida, is governed by the state’s statutes, notably Chapter 83 of the Florida Residential Landlord and Tenant Act. This legislation sets out the rights and responsibilities of both landlords and tenants within the area. It covers aspects such as leases, deposits, maintenance obligations, rent payment procedures, evictions, and dispute resolution processes. Orlando, being a bustling city with a diverse housing market, features a wide range of rental arrangements, making it critical for both landlords and tenants to understand their legal standing.

Why You May Need a Lawyer

There are several situations in which either a landlord or a tenant in Orlando might require legal assistance:

• Eviction Proceedings: Whether you are a landlord seeking to evict a tenant for non-payment or a tenant facing eviction, legal guidance can help navigate these complex proceedings.
• Lease Agreement Disputes: Disagreements over lease terms, renewals or terminations can benefit from professional legal interpretation.
• Security Deposit Disputes: These disputes often arise during the move-out process, and legal advice can clarify entitlement and ensure compliance with the law.
• Property Maintenance and Repairs: Conflicts over repair responsibilities may necessitate legal intervention to resolve adequately.
• Discrimination Claims: Tenants may require legal help if they believe they have been discriminated against under the Fair Housing Act.
• Rent Increases: Understanding local regulations about how and when rent can be increased is crucial for both parties.

Local Laws Overview

Orlando, Florida, largely follows the state's statutes concerning landlord and tenant relations. Here are some key aspects:

• Lease Agreements: Florida law doesn't require a written lease for a rental period under a year, but it is recommended.
• Security Deposits: Landlords must disclose in writing where a deposit will be held and the interest terms. Return of deposit should occur within 15-30 days after lease termination.
• Repairs and Maintenance: The law requires landlords to comply with housing, building, and health codes, ensuring the property is livable.
• Rent and Late Fees: No state law limits the amount of rent or late fees, but they should be clearly detailed in the lease agreement.
• Evictions: The eviction process must follow strictly when a tenant fails to pay rent or violates lease terms, beginning with a notice of violation.

Frequently Asked Questions

What should I do if my landlord refuses to make necessary repairs?

You should document your request for repairs in writing and give your landlord reasonable time to address the issue. If the repairs are still not made, you might consider legal action, as Florida statutes require landlords to maintain the property.

Can my landlord increase my rent without notice?

No, landlords are required to provide notice as stipulated in your rental agreement for any rent increase. Typically, this is 30 days' notice.

Is my landlord allowed to enter my apartment without permission?

Landlords must provide reasonable notice, usually 12 hours, before entering a tenant’s rental unit unless it's an emergency.

Who is responsible for pest control in a rental property?

Florida law mandates that landlords in multiple-family dwellings handle pest control, although this responsibility might be different for single-family homes as outlined in the lease.

Can a landlord charge for wear and tear?

No, a landlord cannot deduct from a security deposit for normal wear and tear. Deductions can only be for damage beyond normal use.

What is considered illegal eviction?

Actions such as changing the locks, removing personal property, or shutting off utilities without proper legal proceedings are considered illegal evictions.

How much can a landlord charge for a security deposit?

Florida state law does not limit the amount a landlord can charge, but they must disclose its conditions and return it in a timely manner after lease termination.

In the case of a break lease, is the tenant still responsible for the rent?

Yes, typically, the lease terms specify the consequences of breaking it. However, landlords are required to try to re-rent the property to mitigate their losses.

Can I withhold rent if repairs are not made?

Tenants may have the right to withhold rent if the landlord fails to maintain the premises per the Florida statutes, but this should only be done after obtaining legal advice to ensure compliance with the law.

What are my options if I'm being harassed by my landlord?

You can send a written notice requesting the harassment to stop. If it continues, consider speaking with an attorney or reporting the issue to local tenant advocacy organizations.

Additional Resources

Several organizations and governmental bodies offer resources for navigating landlord-tenant issues in Orlando:

• Florida Department of Agriculture and Consumer Services: Offers guidance and mediation services for disputes.
• Orange County Clerk of Courts: Provides records and information on eviction proceedings and small claims court.
• The Florida Bar Association: Can help you find a qualified landlord-tenant attorney.
• Legal Aid Society of the Orange County Bar Association: Offers legal assistance to eligible low-income residents.
• U.S. Department of Housing and Urban Development (HUD): Provides information on fair housing rights and discrimination claims.

Next Steps

If you require legal assistance in landlord-tenant matters in Orlando, consider the following steps:

• Gather Documentation: Collect all relevant documents such as lease agreements, written communications, and photographs of any damage or disrepair.
• Consult a Lawyer: Reach out to a lawyer specializing in landlord-tenant issues to understand your legal standing and options.
• Explore Mediation: Before escalation, mediation can be a cost-effective way to resolve disputes amicably.
• File a Complaint: If your issue pertains to ethics or discrimination, consider filing a formal complaint with local or federal agencies.

For personalized advice or to start legal proceedings, contacting an attorney with expertise in Florida’s landlord-tenant law is advisable.