Florida Rental Lease Contract Attorney
If you have ever looked for property to rent in Florida, you understand that most leases require you to send the landlord a security deposit. However, when you send this money to the landlord, do you know where the money actually goes? What information related to the deposit are you entitled to know? What can you do if your landlord makes the claim that you broke the lease and tries to keep the deposit you made?
If you are in this type of situation, it is best to contact rental lease contract attorney at HLF Real Estate Law who understands rental leases in Florida. They can investigate the situation and help to protect your rights. Some other information about security deposits in the state of Florida is found here.
No Limit on the Deposit Amount
In the state of Florida, there is no limit on what the landlord can set the security deposit rate at. However, if they set it too high, it would drive away possible tenants. This is why it is rare for the deposit to be bigger than one and a half times the cost of the rent for the month.
Where does the Money Go?
There are three ways that your landlord can store your security deposit:
- Surety Bond: This protects the tenant from the landlord reneging on the arrangement that has been made. The tenant receives five percent annual interest on the deposit, as long as they don’t break the lease.
- Interest-Bearing Account: It is also possible to place the deposit made into an interest-bearing account. Five percent simple interest is going to be given back to the tenant.
- Non-Interest Bearing Account: The landlord has the option to place the security deposit in this type of account. They cannot use the money unless the tenant breaks the lease. It also can’t be mixed with any other funds.
The Requirement of a Written Notice
As the tenant, you have the right to receive written notice from the landlord when your deposit has been received. This notice should include the address and name of the bank where the deposit is held, as well as the rate of interest being earned (if applicable).
What Can You do if the Landlord Tries to Withhold the Deposit?
If your landlord decides that there is too much damage to the property to return your deposit, they have 30 days to let you know this. After you receive this notice, you have 15 days to contest it. If you decide to do this, it is beneficial to have the services of rental attorney to help. If your case is successful, the landlord not only has to provide you with your security deposit funds but also cover all the lawyer bills and court fees associated with the case.
If you have any questions about the lease or security deposit you have paid for your rental property, contact us today for help. Our team at HLF Real Estate Law can investigate the situation and we will help to protect your rights.
We Provide Competent Legal Guidance and Representation for Landlords
A residential lease creates a lease contract between a tenant and landlord. It spells out the key practical and legal rules each party must follow. In order to avoid any confusion or legal disputes, both a tenant and landlord needs to know what to include and exclude in the lease.
Residential leases are typically long and try to cover all the rights and responsibilities of each party involved. There are quite a few things a lease has to contain, including the parties names, and there are things it provides for, including who has to pay the utilities. There are also things that are not allowed in a lease, such as a tenant waiver of their right to receive their security deposit back.
If you are entering into a lease agreement, it is a good idea to consult with Miami rental property lawyer if you are unsure of the terms and your rights.
Necessary Parts of a Lease
If the term of a lease is for a year or more, it needs to be put in writing. A lease is an enforceable rental lease contract, both written and oral ones, but having it in writing makes it easier for each party to enforce the rights and obligations they have.
Some things a lease needs to include are:
- Each party’s name – landlord and tenant.
- Description of the land, including location, common areas, parking spaces, etc.
- The amount of rent the tenant must pay each month and how it should be paid.
- The term (length of time) of the rental lease.
Common Lease Provisions
The majority of residential rental leases include a number of provisions covering various factors to help the landlord and tenant fully understand the responsibilities and rights they have. This includes:
- The amount of security deposit required.
- If the landlord is going to pay any of the expenses.
- Whether or not pets are allowed.
- If parking is provided.
- Who is responsible for the upkeep of the property?
- The landlord’s duty to keep the property livable.
- Terms for terminating the lease.
There are also a few prohibited provisions that cannot be included in a rental lease contract, which includes:
- Statements that children are not permitted on the property unless it is a “senior” facility.
- That people of certain origins, religions, sex, color, or race can’t reside there.
- That the tenant waives their right to have their security deposit refunded.
Contact Florida Rental Lease Contract Attorney for Help
There are several other statements that are also prohibited. If you are unsure whether or not a lease has violated any of these things, it is a good idea to contact experienced lease and contract lawyer in Miami, FL for help and information. It is essential to be fully aware of your rights, regardless of if you are renting a property, or if you are the landlord.