Florida Landlord Rights

Florida landlords have legal rights under Fla. Stat. § 83.51, including collecting rent, enforcing lease terms, maintaining the property, and initiating evictions for lease violations or nonpayment. They also have the right to inspect the unit with proper notice under Fla. Stat. § 83.53. Protecting your investment as a landlord is essential when handling evictions, lease disputes, or security deposit issues.

Evictions Process Explained

Having a strong rental lease agreement is important because it establishes clear terms regarding rent payments, tenant responsibilities, maintenance obligations, and eviction procedures, reducing legal risks and disputes. An attorney should draft or review the lease to ensure it complies with Florida law and protects the landlord’s interests, minimizing loopholes that tenants could exploit.

A landlord can keep the tenant’s security deposit under Fla. Stat. § 83.49 if the tenant fails to pay rent, causes property damage beyond normal wear and tear, or violates lease terms. If deductions apply, the landlord must provide written notice within 30 days, giving the tenant 15 days to dispute before finalizing deductions. If no deductions are made, the deposit must be returned within 15 days after the tenant vacates.

• Under which circumstances is it okay to evict a tenant? A landlord may evict a tenant for failure to pay rent, lease violations, engaging in illegal activity on the property, or remaining in the unit after the lease has expired.
• Can the landlord use self-help to evict the tenant? No. Self-help evictions, such as changing locks, shutting off utilities, or removing a tenant’s belongings, are illegal under Fla. Stat. § 83.67 and can lead to legal consequences.
• What does the eviction process look like? The landlord must serve the tenant with a three-day notice for nonpayment of rent or a seven-day notice for lease violations. If the tenant does not comply, the landlord can file an eviction lawsuit in court. If the court rules in favor of the landlord, a writ of possession is issued, requiring the tenant to vacate.
• How long does it take to evict a tenant? The process typically takes three to four weeks if uncontested, but disputes can extend it to several months.
• Do you want to know if you qualify for a flat fee for filing an eviction? Call our office to learn more about our eviction services.

Evictions are often an unfortunate reality for landlords. Under Florida law, a landlord may evict a tenant for various reasons, including failure to pay rent, lease violations, or holding over after the lease term ends. The process requires strict adherence to legal procedures. Landlords must provide tenants with proper written notice, such as a three-day notice for nonpayment of rent or a seven-day notice for lease violations. If the tenant fails to comply, filing an eviction lawsuit is the next step.

Ensuring compliance with Florida’s landlord-tenant laws is essential to avoid delays or legal repercussions. The team at Reyes, Reves & Betancourt, PLLC can assist landlords in Miami Shores and beyond with tailored legal strategies to streamline the eviction process. For more details, contact us.

Tenants’ rights in Florida

Tenants in Florida are protected under Fla. Stat. § 83.51-83.67, which grants them the right to a habitable living environment, privacy, and proper notice before eviction. Landlords must maintain the property according to housing and health codes, provide 12 hours’ notice before entering (Fla. Stat. § 83.53), and follow legal procedures for evictions, including three days’ notice for nonpayment of rent and seven days’ notice for lease violations (Fla. Stat. § 83.56).

Selling and Managing Rental Property in Miami

Selling a rental property in Miami follows the same real estate closing process as any other property sale but requires notifying tenants and handling lease transfers. Required documents include the deed, lease agreements, security deposit records, property disclosures, and title documents.

The closing process involves drafting a purchase agreement, conducting a title search, resolving liens, and finalizing escrow and financing. For commercial and residential properties, the key difference is lease transfer terms and tenant rights. An experienced Miami real estate attorney ensures landlords comply with legal requirements, avoid disputes, and complete the transaction smoothly.

Maintaining rental property as a viable investment requires a proactive approach to legal and financial protections. One essential measure is having a comprehensive lease agreement outlining tenant obligations and landlord rights. Additionally, understanding Florida’s security deposit laws can help safeguard against potential losses. These laws require landlords to provide detailed disclosures to tenants about how security deposits are handled and to follow specific rules when making deductions for damages or unpaid rent.

An experienced Miami real estate attorney ensures landlords are equipped to address these and other challenges. Legal counsel can assist in drafting lease agreements, resolving disputes, and protecting against liability. For testimonials from clients who have benefited from these services, visit our testimonials page.

How to Remove Someone from the Deed to your property.

Removing someone from a deed is common in cases of divorce, death, or disputes between co-owners. However, a co-owner cannot be removed involuntarily without their consent or a court order (Fla. Stat. § 689.01). If there is a dispute, a partition action may be required to sell the property.

Florida recognizes different types of deeds, each with unique benefits. A Quitclaim Deed allows a quick transfer without title guarantees, while a Warranty Deed ensures a clear title. A Lady Bird Deed (Enhanced Life Estate Deed) helps avoid probate while allowing the owner to retain control, if properly drafted.

To execute a deed properly, it must be signed, witnessed by two people, notarized, and recorded (Fla. Stat. § 695.26). An invalid transfer occurs if a deed lacks proper execution, ownership rights, or is obtained fraudulently, making it unenforceable under Florida law.

An attorney is essential for preparing a deed to ensure legal accuracy, prevent disputes, and protect ownership rights. Mistakes in execution or property descriptions can cause legal issues.

Inheriting Property When a Spouse Passes Away

If your spouse passes away and you are not listed on the title, ownership is determined by Florida law. Under Fla. Stat. § 732.102, adult children from another marriage may receive a portion of the property, while minor children typically receive a larger share under Fla. Stat. § 732.103.

This process can be challenging, especially when multiple heirs are involved. Legal guidance from a Miami real estate attorney can help protect your interests and ensure a proper transfer of ownership.

Why Legal Representation Matters

Real estate transactions in Florida involve complex legal and financial considerations, making proper representation essential. Florida law requires certain legal procedures for real estate closings, including title searches, lien resolutions, contract reviews, and proper deed execution (Fla. Stat. § 689.01). Without legal oversight, buyers and sellers risk contract disputes, undisclosed liens, and invalid transfers, which can lead to costly litigation.

An experienced real estate attorney ensures that all closing documents are accurate, the transaction complies with Florida law, and potential legal issues are addressed before closing. Reyes, Reves & Betancourt, PLLC provides legal support for residential and commercial closings, title reviews, and contract negotiations. Meet our attorneys here.

Maintain Your Property Rights Today

Buying or selling property in Florida requires a clear title, legally sound contracts, and compliance with real estate closing laws. Mistakes in deed transfers, financing agreements, or closing disclosures can lead to ownership disputes and financial losses.

With the right legal support, you can ensure a smooth real estate closing process, resolve title issues, and protect your investment from unforeseen legal challenges. Reyes, Reves & Betancourt, PLLC provides comprehensive real estate legal services, from contract drafting to final closing procedures, ensuring your transaction is handled correctly.

Contact us today to discuss your real estate legal needs with our experienced team.