• 727-600-5858
  • dina@alg-legal.com
Arvanitakis Law GroupArvanitakis Law GroupArvanitakis Law GroupArvanitakis Law Group
  • HOME
  • ATTORNEYS
  • ATTORNEY SERVICES
    • REAL ESTATE LAW
    • FORECLOSURE DEFENSE
    • PROBATE & ESTATE PLANNING
    • ELDER LAW
  • HELPFUL ARTICLES
  • LOCATIONS
    • Clearwater Attorney
    • Palm Harbor Attorney
    • Largo Attorney
  • CONTACT
Appointing a Curator vs a Personal Representative
April 20, 2020
You’ve Been Evicted: What Happens Next?
May 25, 2020

Eviction 101: What Are Your Rights as a Tenant?

May 11, 2020
Categories
  • Arvanitakis Law Group
  • Foreclosure
  • Real Estate Law
Tags
  • Eviction
  • Landlord
  • tenant

How many times have you heard a friend give advice regarding a renters situation that sounds something like “legally, they can’t …” or “technically, you don’t have to pay rent if they…”? While they are most likely just try to help, landlord/tenant law in Florida is very complex and oftentimes the information people share with one another is specific to only certain circumstances. When it comes to evictions, it is important to make sure you have the proper information because it can be the difference between whether or not you have a roof over your head. In this article, we will cover information regarding your rights and responsibilities, as a tenant in the case of eviction:

Landlords Are Responsible… and You Are Too

One of the main rights of a tenant is to have the landlord keep the premises in “habitable” conditions. While this doesn’t necessarily mean the space you are renting needs to be glamorous or luxurious, it should not be falling apart. When referring to “uninhabitable” conditions, they are most often dangerous. Some of these conditions include holes in the floor, exposed wiring, and compromised HVAC units. Disconnected cable or outdated appliances is not uninhabitable. The only way these conditions can be considered uninhabitable is if they impose a certain danger to the tenant.

As a tenant, you are also responsible. If the property damage is beyond daily wear and tear, the landlord reserves the right to charge you for the cost of the repair. This often results in the loss of a security deposit.

Tip: A good way to ensure that you get your security deposit back at the end of a lease is to thoroughly inspect a property at the beginning of a lease. If possible, inspect the property before signing the lease. During this inspection, make note of everything that needs repair. You can then tell your landlord of all the necessary repairs and keep a record of doing so.

Lawful Reasons for Eviction

At the bare minimum, a lease should include payment details and the dates of the lease. Most often, it also includes a list of events that can lead to an eviction.

  • Not paying rent
  • Having a pet (in some cases)
  • Criminal activity
  • Smoking and substance abuse
  • Being a danger or potential danger to other residents

…and more. These are the most common, however, it is best you read your lease thoroughly to ensure you know all of the reasons your landlord would have grounds for eviction.

How to Protect Unlawful Eviction

To be able to protect yourself from eviction, you must first know all the situations that an eviction would be legitimate.

  • A landlord must follow all of the state’s eviction procedures before attempting to evict them.
  • A landlord must go through proceedings designed to repay a landlord for any rent that wasn’t paid or was lost.
  • Only being late for a rent payment is not grounds for eviction. This is only valid if it coincides with an adequate cause.
  • Additionally, a landlord must ask the sheriff’s help with evicting a tenant. If the landlord attempts to evict a tenant using their own means, a tenant may sue the landlord for wrongful eviction.

Understanding More of Your Rights as a Tenant

As a tenant, it is important to know all of your rights. In case you get into a dispute with your landlord, remember this:

  • You have a right to due notice of any action taken against you
  • You have the right to correct any breach against the landlord, including back rent, or to fulfill any remaining obligations under the lease.
  • If a court decides against you, you have the right to appeal any decision. Speak to an expert and consult with your attorney regarding any procedures specific to your state and actions you can take in your specific situation to avoid eviction.

Above all else, it is best to speak with an attorney regarding any issues so you can ensure you are protected. If you feel that you are wrongfully being evicted, speak with an attorney to see what your best course of action is. At Arvanitakis Law, we specialize in matters of eviction and foreclosure. We are here to help. Call or contact Arvanitakis Law today to speak with our attorneys.

Share
0

Related posts

September 28, 2020

Should You Hire a Foreclosure Attorney?


Read more
estate planning

Asian aged couple meeting with real estate agent

August 24, 2020

When is The Right Time to Start Estate Planning?


Read more
probate

probate

July 20, 2020

Important Steps to Take Before Hiring a Probate Attorney


Read more

Categories

  • Arvanitakis Law Group
  • Estate Planning
  • Foreclosure
  • Probate
  • Real Estate Law
  • Uncategorized

Archives

  • September 2020
  • August 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020

General Disclaimer

The information provided on this website is for informational purposes only and does not constitute legal advice. Before acting on any of the materials presented on this website, we advise you to seek legal counsel regarding your own unique situation. Using this website does not create an attorney-client relationship between the user and Arvanitakis Law Group, LLC. Arvanitakis Law Group, LLC specifically disclaims any responsibility for positions taken by users in their individual cases or for any misunderstanding on the part of users of this website or any linked websites. Arvanitakis Law Group, LLC does not endorse, approve or support any third party content that may be accessed through hyperlinks on this website.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Legal Relationship Disclaimer

We do not have a Client/Attorney relationship until your case is discussed with Attorney Arvanitakis, a retainer fee payment is accepted, and it is explicitly agreed by both parties who enter into a written specific representation Agreement. Please note that any e-mail inquiries made to Arvanitakis Law Group, LLC are not protected attorney-client communications. You do not receive the benefit of the attorney-client privilege, or of confidentiality because you are sending an email to a law firm. That privilege and confidentiality will only attach when prospective client and attorney enter into a written specific representation Agreement.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

Arvanitakis Law Group. All Rights Reserved.
Website & Marketing by Hooked Marketing

Dina Arvanitakis Florida Bar Board Certified Dina Arvanitakis Clearwater Bar Association