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Evictions on the rise, how can a Florida real estate attorney help?

Florida – November 9, 2021

Orlando’s rent prices are continuing to head toward the moon, with the average renter of a one-bedroom apartment now ponying up almost $500 more per month than they would have at the beginning of the year. That is a 40% increase caused by a severe shortage of available housing, pinching workers in a year where the price of everything else has become more expensive.

As rising rents continue and property is swept up by cash buyers from out of state, Florida realtors are noticing that property owners are making unethical and unlawful decisions as they try to evict long term residents of Florida rental properties. Tenant situations were exacerbated by frustrated owners who could not collect rent during Covid and awaited the government funding for their tenants.  Renters’ rights are being infringed upon by the volatile seller’s market in Florida causing little inventory.  This causes more problems for tenants who are facing eviction because they have few affordable living choices.  Experienced real estate attorneys can assist individuals with questions and actions to maintain stability for both a renter and a property owner.

Landlord versus tenant.

Florida landlord and tenant law is at the foundation of many real estate transactions, including eviction, lease signing, and subletting. Landlords must maintain and repair property and any amenities provided at the property in a timely manner in Florida that time is 7 days of written notice by a tenant.  If repairs are not made, tenants may withhold rent or deduct costs from the next month’s rent.  If a property owner is using these tactics to get a tenant to leave, the tenant must remember they have legal rights through their rental agreement which is a contract.  Even though it may be difficult to prove the possible unethical behavior of property owner or real estate agent acting on their behalf, real estate lawyers can file actions against eviction in court for tenants facing homelessness in Florida.

Buying rental properties.

Some owners will look for a buyer who will welcome the idea of buying with tenants in place.  The hopes that the new owner will honor existing leases and make the transition smooth for the tenant has become slim in Florida.

Month-to-Month versus annual lease.

Florida law varies depending on if the tenant is “month to month” or currently under a lease agreement. If the tenancy is from month to month, a landlord may not terminate it by giving less than 15-days’ notice (see Section 83.57 of Florida Residential Landlord Tenant Act).  It is best to seek legal counsel with a Florida real estate attorney who can act on a tenant’s behalf and communicate necessary information to a property owner, whether one that is selling or buying the property where the tenant is concerned about eviction. Talk to a real estate attorney about remedies and viable courses of action toward compensation for financial losses caused by unethical or negligent activities including nondisclosure of property sales that would impact a tenant’s rights.

Hire a lawyer.

Experienced Florida real estate attorneys can review lease agreements, and identify the language that will support a renter’s rights against unethical or illegal practices toward eviction

Legal Counsel, P.A.

189 S. Orange Ave., Ste. 1800
Orlando, Florida  32801

Phone: 407-982-4321

Sources.

  1. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html
  2. http://www.myfloridalicense.com/dbpr/re/documents/re-2200-1.pdf
  3. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.57.html
  4. Advocates say sweeping reform is needed as Orlando rent prices continue to skyrocket – WFTV

 

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