LANDLORD/TENANT ACTIONS

** The Clerk's Office can not give legal advice, answer questions regarding forms or how to complete them.  If you have questions, please consult an attorney or research the information on your own. **

Overview

Oral and Written Leases

A lease is an agreement to rent property.  It may be written or oral.  Most are written, however, because oral agreements can be subject to misunderstandings.  A written lease can be in the form of a formal contract or simply a copy of a letter that states the rights and obligations of both tenant and landlord.  Florida law requires that most notices to and from a landlord must be in writing, even if the rental agreement is oral.  In cases where there is no written lease, the term of your rental payment schedule (monthly, weekly, etc.) determines the length of the agreement.

Access to the Premises

Once you lease a dwelling your right to possession is much the same as if you owned it.  The landlord can, however, enter at reasonable times and with proper notice to inspect, repair, supply agreed services, or show to prospective or actual purchasers, tenants, mortgagees, workmen or contractors.

Landlord's Obligation to Maintain Premises

If the unit is a single-family home, duplex or mobile home, unless otherwise agreed upon in writing, the landlord/representative must:

• Comply with building, housing and health codes;

• Where there is no applicable building, housing or health codes, maintain the roof, floors, windows, screens and all other structural components in good repair; and the plumbing in reasonable working condition.

If the unit is other than a single-family house, duplex, unless otherwise agreed upon in writing, the landlord/representative must:

• Provide for extermination of rats, mice, roaches, ants and wood destroying organisms;

• Provide running water and hot water;

• Remove garbage from the premises;

• Provide a smoke detection device;

• Provide locks and keys;

• Provide a working heating system; and

• Provide clean and safe condition of common areas

Tenant's Obligation to Maintain Premises

• Comply with housing and health codes;

• Keep the dwelling clean;

• Remove garbage from his/her dwelling unit;

• Keep plumbing clean, sanitary and in repair;

• Do not destroy, damage or deface the premises;

• Occupy the dwelling without disturbing the peace; and

• Do not abuse the electrical, plumbing, heating, air conditioning or other systems furnished by the landlord.

If the Landlord Does Not Comply

You may be able to withhold the rent if your landlord fails to do what the law or the lease requires.  You must however, announce your intention by certified mail at least seven (7) days before the rent is due to allow time to remedy the problem.  If the problem is not corrected within the seven (7) days and you withhold the rent the landlord may take you to court to collect it.  Under these circumstances, you must pay the rent into the court registry pending the judge's determination of the case.

If the Tenant Does Not Comply

You can be evicted for not living up to your end of the lease.  Depending on the offense the process for removal varies.

Failure to Meet Lease Obligations

Except for failure to pay rent, a landlord must notify you, in writing, of the shortcomings and give you seven (7) days to correct the situation. If you do not reply within seven (7) days, the landlord can begin the eviction process.

Non-Payment of Rent

The landlord must serve the tenant with a written notice allowing three(3) days (excluding weekends and legal holidays) for you to pay the rent or vacate the premises.  If you do not pay within the three (3) days, the landlord may begin the eviction process.  The landlord must file suit in the office of the Clerk of County Court, Civil Division Landlord/Tenant Division, in the county to which the dwelling is situated.  The tenant then has five (5) days (excluding weekends and legal holidays) to respond, in writing to the court.  If there is no response from the tenant a judgment is entered against the tenant.  The Clerk of County court will issue a "Writ of Possession" to be served by the sheriff notifying the tenant that the tenant will be evicted in 24 hours.  The tenant must comply with the specific directions given in the summons.  Failure to comply with the summons could waive any defense you may have.

Prohibited Practices

Florida law does not allow a landlord to force a tenant out by:

• Shutting off the utilities;

• Denying the tenant access to the premises by changing locks;

• Removing the tenant's personal property from the dwelling unless it is a lawful eviction; or

• Removing outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement).

If any of these occur, the tenant may sue for actual and consequential damages or three months' rent, whichever is greater, plus court costs and attorney's fees.

Termination of Tenancy

A tenancy without a specific duration may be terminated by either party giving proper written notice (see 82.56(4) F.S.), as follows:

• Yearly............not less than 60 days' notice

• Quarterly.......not less than 30 days' notice

• Monthly.........not less than 15 days' notice

• Weekly.........not less than 7 days' notice

Practical Pointers

• If you have a written rental agreement, read it thoroughly before signing.

• If there are any changes to the written rental agreement, get it in writing.

• Keep receipts/records

• Do a walk through before entering or vacating the premises.

• Take pictures of any questionable conditions.

• If you have a problem, it needs to be in writing and in proper form.  See section 83.51, Florida Statutes.

Frequently Asked Questions

• What is a Residential Landlord or Tenant Action?

A Residential Landlord/Tenant action applies to the rental of a non-commercial dwelling unit and is an action filed by a landlord against a tenant or a tenant against a landlord on common disputes such as payment of rent, non-compliance or breach of a lease or rental agreement.

• Who can file a Residential Landlord or Tenant Action?

A landlord (the owner or leaser of a dwelling) or a tenant (a person entitled to occupy a dwelling unit under a rental agreement) may file a Residential Landlord or Tenant Action.  If you have a commercial, agricultural or personal property lease, you should consult an attorney for the proper procedures to resolve disputes.

• Do I need an attorney?

You may wish to consult with an attorney or familiarize yourself with the procedures for enforcing your rights under your lease.  The residential landlord/tenant relationship is controlled by the terms of your lease and by Part II of Chapter 83 of the Florida Statutes.  The procedure for enforcing your rights can be found in section 51.011 Florida Statutes.  The public library will have these reference materials.  Forms approved for use in the Ninth Judicial Circuit are available in the Clerk's Office for individuals filing landlord/tenant actions on their own behalf (pro-se).

• What do I have to do to file a Residential Landlord/Tenant Action?

Before you can file a residential landlord/tenant action, proper written notice must first be given to the landlord or the tenant.  The form of the notice will depend on the landlord's or tenant's reason for terminating the lease.

• Where can I get copies of the different notices required?

The Clerk's Office will have packets that have been provided by the Florida Bar Association for  purchase that are designed for use in the event of common residential/landlord disputes.  The cost of the three (3) day packet for nonpayment of rent is $5.00; the seven (7) day packet for noncompliance with written lease is $3.50; and the fifteen (15) day packet for no specific term is $5.00.   The tenant packet is $2.00.

• After I give proper written notice, what do I have to do?

In order to file a landlord action, you must file a complaint and request that the Clerk issue a summons and deliver the summons to the Sheriff or process server for service. The necessary documents are in the eviction packet.

There are different requirements for tenant actions.  If you have questions, please consult an attorney or refer to the public library or law library for detailed information.  If you have questions regarding the forms in the packet or the instructions, please refer to Florida Statute 83.  The Clerk's Office cannot answer questions regarding forms or interpret instructions.

• When will I go to court?

The party served the summons will have a specific period of time in which to respond dependent upon the type of summons issued.  If a response is filed or monies are deposited in the court registry, you will need to motion for a hearing or a mediation may be scheduled.  If no response is received or no monies are deposited in the court registry, you may file a Motion for Default with the Clerk's Office.

• If the court enters a default, what happens?

If the Court enters a Final Judgment against a party in default and the final judgment is for eviction, you may ask the Clerk to execute a Writ of Possession if you anticipate having to forcibly remove the tenant or tenant's possessions.

• Where can I obtain more detailed information on filing a Residential Landlord/Tenant Action?

The public library or the law libraries will have the Florida Statutes for reference.  The Landlord/Tenant Handbook is also a source of information.  Pro Se forms and information are available in the Clerk's Office for individuals filing actions on their own behalf.

Additional Resources:

1. 1-800-HELPFLA (1-800- 435-7352) - Department of Agriculture - Choose option #3 to speak with an analyst

2. www.flabar.org
   

3. Mid Florida Legal Services (Tenants Only) (407) 847-0053
   

4. Florida Call-a-Law  (850) 561-2200
   

5. Lawyer Referral Service  (407) 422-4537
   

Osceola County Clerk of Circuit Court's Office
All Rights Reserved © 2000
Site Best Viewed at 800x600 or better.