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RIGHTS AND DUTIES OF TENANTS RENTING UNDER AGREEMENT WITH WENDY MORRIS REALTY 

When a person pays to live in a house, apartment or mobile home—whether payment is made weekly, monthly, or at other regular periods and whether the apartment or house or mobile home is rented from a private person, a corporation, or most governmental units – even when this is no written “lease” agreement- the renter becomes a tenant governed by Florida law.

A tenant has certain basic rights protected by Florida law, which the landlord must observe. Of course, the tenant also has certain responsibilities.

The tenant's rights are specified in the Florida Statutes at chapter 83 part 2. A tenant in public housing has rights under federal law, as well. If there is no written lease, these laws regulate the tenant's rights. There may also be a written lease which could affect a tenant's rights. If there is a written lease, it should be carefully reviewed. The Landlord-Tenant Law prevails over what the lease says.

A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant's to lawfully use. The landlord may only enter the dwelling in order to inspect the premises or to make necessary or agreed repairs, but only if he or she first gives the tenant reasonable notice and comes at a convenient time. If an emergency exists, the requirement for notice may be shortened or waived.

The landlord is required to rent a dwelling that is fit to be lived in. It must have working plumbing, hot water and heating, be structurally sound and have reasonable security, including working and locking doors and windows, and it must be free of pests. The landlord must also comply with local health, building and safety codes. If the landlord has to make repairs to comply, the landlord must pay.

If the landlord claims the tenant has violated the rental agreement, he or she must inform the tenant in writing of the specific problem and give the tenant time to correct the problem--even if the problem is non-payment of rent--before the landlord can go to court to have the tenant removed. If the tenant commits a serious act endangering the property (such as committing a crime on the premises) or the tenant fails to correct a problem after written notice from the landlord, the landlord must still go to court to be permitted to evict the tenant. In any court proceeding, the tenant has the absolute right to be present, argue his or her case and be represented by an attorney.

If the landlord requires the tenant to pay a security deposit, the landlord must preserve the deposit during the tenancy. In addition, the landlord must return the full amount of the deposit within (15) days after the tenant leaves the dwelling or give the tenant written notice of why some or all of it won't be returned within thirty (30) days after the tenant leaves the dwelling. The tenant then has the right to object in writing within fifteen (15) days of receipt of the notice. Under some circumstances, the tenant may receive the security deposit plus interest. Before moving out the tenant must provide the landlord with an address for receipt of the security deposit, or else the tenant may lose the right to object if the landlord claims the right to keep the deposit money.

The tenant has the right, under certain very aggravated circumstances caused by the landlord's neglect, to withhold rent. This can only be done when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes. Before rent is withheld, the tenant must give the landlord seven (7) days written notice of the problem so the landlord can fix it. Even after withholding rent, the tenant should preserve the money and seek court permission to spend part of it to do what the landlord should have done. If the tenant does not preserve the money and seek court assistance, the tenant may be evicted for nonpayment.

Finally, the tenant has the right to move out. If there is a written lease, the tenant can move out when a written lease is up. If there is no written lease, the tenant may move out for no reason by giving written notice of his or her intent to leave no less than seven (7) days before the next rent payment is due if the rent is paid weekly or fifteen (15) days if the rent is paid monthly. The tenant may terminate the rental agreement if the landlord has failed to live up to one of his or her major obligations, provided the tenant has sent written notice to the landlord, seven (7) days before the rent is due (there are some exceptions to the right to move out).

If a landlord loses in court, the landlord may be held liable for any costs and attorney's fees incurred by the tenant. If the tenant loses in court, the tenant may be liable for the landlord's costs and attorney's fees.

A tenant also has responsibilities, which if not observed can lead to eviction. The tenant must pay the agreed upon rent and do so on time. The tenant must comply with building, housing and health codes. The tenant must maintain the dwelling without damage, keep the dwelling clean, and maintain the plumbing. The tenant must not violate the law or disturb the peace, nor allow guests to do so.

In trying to evict a tenant, a landlord will try to prove the tenant violated a tenant responsibility. However, the landlord may not seek to evict a tenant in retaliation for legitimate complaints about housing conditions to proper authorities. No eviction can occur, though, until the landlord first gives the tenant notice of the problem, and then gets a court order. Without the court order, the landlord has no power to interfere with the tenant. The landlord cannot, for instance, lock a tenant out or cutoff tenant's utilities. A landlord engaging in this type of prohibited practice may be liable to the tenant for damages in the amount of three months rent or actual damages whichever is higher. The landlord must get a court order of eviction before he or she can interfere with the tenant's occupancy. If a tenant is served with papers seeking eviction, the tenant should immediately seek legal assistance. The tenant may have legal defenses. For instance, the landlord cannot try to get even with a tenant by evicting him or her when the tenant has not violated tenant responsibilities. To raise defenses in an eviction proceeding, a tenant normally must pay into the court registry past due rent if any is owed and rent which comes due during the proceeding. If the tenant disputes the amount of rent claimed to be due, he or she may ask the court to determine the correct amount, but the tenant must show why he or she believes the amount is wrong. In an eviction proceeding, a tenant has very little time to respond, so quick action is extremely important.

The landlord can never remove the tenant's property or lock the tenant out. Only the sheriff's office may do this after a Court Order and Writ of Possession.

If you believe you need legal advice, call your attorney. If you do not have an attorney, call The Florida Bar Lawyer Referral Service at (800) 342-8011, or the local lawyer referral service or legal aid office listed in the yellow pages of your telephone book.

Local Information

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$4,870.00 ($2.00/sqft) UNIT #1704 Orlando Rental 2 beds, 2 baths, 1 half baths, 2550 living sqft View Full Details Photos Make Offer Request Showing Save ListingMapAsk Question

ROLLOVER TO VIEW 12 PHOTOS MLS #O5060633 Source: My Florida Regional MLS | 400 Colonial Unit: 1704, Park Lake Towers Condo, Two Story,condo, Pool, 2.5 BA 400 Colonial Unit: 1704 Orlando, FL 32803 Price increased $2,320.00 since 8/24/11, NOW $4,870.00 | Moving to Orlando? Fully Furnished Orlando Penthouse for rent with all the bells and whistles; Cherry Hardwood flooring and carpet. Private entrance. Twenty Four Hour Security Guards. Two Assigned parking. Community Gym , Pool and Sauna. Two ... Low interest financing available. Get Pre-Qualified Top Features: For Rent Has a pool , Subdivision: Park Lake Towers Condo , Built in  1975

$4,000.00 ($1.00/sqft) Orlando Rental 5 beds, 3 baths, 3557 living sqft View Full Details Photos Make Offer Request Showing Save ListingMapAsk Question

ROLLOVER TO VIEW 12 PHOTOS MLS #O5072982 Source: My Florida Regional MLS | 8931 Heritage Bay, Heritage Bay Dr Phillips Fl, This amazing home is... 8931 Heritage Bay Orlando, FL 32836 Price reduced $300.00 since 11/16/11, NOW $4,000.00 | This amazing home is located in the highly desirable guard gated community of "Phillips Landing". The home is complete with 5 bedrooms, 3 baths, 2 half baths & plenty of space to surround yourself with comfort.Families will enjoy the many features ... Low interest financing available. Get Pre-Qualified Top Features: For Rent , Swimming pool view, Waterview, Pond Has a pool , Subdivision: Heritage Bay Dr Phillips Fl , Lot SQFT: 8933sqft , Built in  1998

$3,600.00 ($1.00/sqft) Orlando Rental 2 baths, 5020 living sqft View Full Details Photos Make Offer Request Showing Save ListingMapAsk Question

ROLLOVER TO VIEW 4 PHOTOS MLS #O5030104 Source: My Florida Regional MLS | 525 Mission, Orlando, Rental For Rent, Pine Hills Toll Plaza, This property is a 4500... 525 Mission Orlando, FL 32808 Price increased $3,600.00 since 2/18/11, NOW $3,600.00 | This property is a 4500 sf of prefab metal building that was used as warehouse.There are also two - 800 sf buildings that can be used as offices.There are ample parking spacesProperty is zoned C- 3 Low interest financing available. Get Pre-Qualified Top Features: For Rent , Subdivision: Pine Hills Toll Plaza , Lot SQFT: 41282sqft , Built in  1954

$3,200.00 ($1.00/sqft) Orlando Rental 4 beds, 3 baths, 1 half baths, 2830 living sqft View Full Details Photos Make Offer Request Showing Save ListingMapAsk Question

ROLLOVER TO VIEW 12 PHOTOS MLS #O5096677 Source: My Florida Regional MLS | 9145 Via Bella Notte, Bella Notte At Vizcaya Ph 3, Imaculante home with porcelain floors... 9145 Via Bella Notte Orlando, FL 32836 Imaculante home with porcelain floors 24x24, upgraded cabinets 42", wall built in doble oven, summer kitchen, california closet on master bedroom, Relaxing Pathways and Gorgeous Club house and activity center. Equipped with 24h manned gate and ... Low interest financing available. Get Pre-Qualified Top Features: For Rent , Subdivision: Bella Notte At Vizcaya Ph 3 , Lot SQFT: 5717sqft , Built in  2004

$3,000.00 ($1.00/sqft) Orlando Rental 4 beds, 3 baths, 1 half baths, 3015 living sqft View Full Details Photos Make Offer Request Showing Save ListingMapAsk Question

ROLLOVER TO VIEW 12 PHOTOS MLS #O5100883 Source: My Florida Regional MLS | 6898 Dolce, 4 beds, 3.5 BA, Toscana Unit 2, Pool, Rental For Rent, Executive single family... 6898 Dolce Orlando, FL 32819 Executive single family pool home in the gated community of "Toscana". This 4 bedroom 3.5 bath property features upgraded kitchen, fireplace, formal living and dining rooms, volume ceilings, two car garage, pool and spa and screen enclosed.Pool ... Low interest financing available. Get Pre-Qualified Top Features: For Rent Has a pool , Subdivision: Toscana Unit 2 , Lot SQFT: 6985sqft , Built in  2005

$2,600.00 ($1.00/sqft) Orlando Rental 3 beds, 2 baths, 1 half baths, 2500 living sqft View Full Details Photos Make Offer Request Showing Save ListingMapAsk Question

ROLLOVER TO VIEW 12 PHOTOS MLS #O5101623 Source: My Florida Regional MLS | 4213 Winbrook, Pool, 2.5 BA, Orlando, Rental For Rent, Wow...great family home... 4213 Winbrook Orlando, FL 32817 Wow...great family home now available for lease! classic 2-story traditional with wrap around porches, mature landscape, pool, hardwood floors, huge country kitchen with all the bells and whistles. first level has office/den, formal living and ... Low interest financing available. Get Pre-Qualified Top Features: For Rent Has a pool , Subdivision: Lost Lake Vlg , Lot SQFT: 14928sqft , Built in  1981

$2,395.00 ($1.00/sqft) Orlando Rental 4 beds, 2 baths, 1 half baths, 2718 living sqft View Full Details Photos Make Offer Request Showing Save ListingMapAsk Question

ROLLOVER TO VIEW 6 PHOTOS MLS #O5100328 Source: My Florida Regional MLS | 7781 Snowberry, Rental For Rent, 4 beds, Pool, Sandy Springs, Orlando, This 4 bedroom pool home... 7781 Snowberry Orlando, FL 32819 This 4 bedroom pool home has been well maintained throughout the years. The home has 4 bedrooms ans 2.5 bath. The large master bedroom is downstairs. Wood flooring in the main living area and new carpet in most other areas.The home has a wood ... Low interest financing available. Get Pre-Qualified Top Features: For Rent Has a pool , Subdivision: Sandy Springs , Lot SQFT: 10626sqft , Built in  1988

$2,300.00 ($1.00/sqft) UNIT #4B Orlando Rental 3 beds, 3 baths, 2610 living sqft View Full Details Photos Make Offer Request Showing Save ListingMapAsk Question

ROLLOVER TO VIEW 12 PHOTOS MLS #O5092078 Source: My Florida Regional MLS | 7550 Hinson Unit: 4b, Lakefront, This 4th floor beautifully furnished... 7550 Hinson Unit: 4B Orlando, FL 32819 Price reduced $200.00 since 3/22/12, NOW $2,300.00 | This 4th floor beautifully FURNISHED property is located in the exclusive community of "Bay View Reserve". This 3/3 Condo is VERY tastfully furnished and ready to move into. Under ground parking and simply ride the elevator to your home.No more ... Low interest financing available. Get Pre-Qualified Top Features: For Rent , Waterfront, Lakefront , Waterview Has a pool , Subdivision: Bay View Reserve Condo , Built in  1985

$2,200.00 ($1.00/sqft) UNIT #843 Orlando Rental 3 beds, 2 baths, 2030 living sqft View Full Details Photos Make Offer Request Showing Save ListingMapAsk Question

ROLLOVER TO VIEW 12 PHOTOS MLS #O5093624 Source: My Florida Regional MLS | 7580 Toscana Unit: 843, Rental For Rent, Luxury condo, barely lived in, like new.... 7580 Toscana Unit: 843 Orlando, FL 32819 Luxury condo, barely lived in, like new. stunning 3/2 penthouse panoramic views of lake. gated prestigious community with great amenities, including gorgeous pool area, tastefully decorated clubhouse and exercise room. private & secure bldg.includes ... Low interest financing available. Get Pre-Qualified Top Features: For Rent , Subdivision: Toscana Condo At Ph 5 , Lot SQFT: 9686sqft , Built in  2007

$2,100.00 ($1.00/sqft) Orlando Rental 5 beds, 3 baths, 1 half baths, 2889 living sqft View Full Details Photos Make Offer Request Showing Save ListingMapAsk Question

ROLLOVER TO VIEW 12 PHOTOS MLS #O5099092 Source: My Florida Regional MLS | 5349 Shingle Creek, Rental For Rent, Real 5 bedroom home with pool in... 5349 Shingle Creek Orlando, FL 32821 Real 5 bedroom home with pool in south orlando. one master suite downstairs & one master suite upstairs. all tile, private pool, overlooking a 30 acre lake. tv cable, commercial lawn care included in rent. fitnessroom, community pool, & tennis ... Low interest financing available. Get Pre-Qualified Top Features: For Rent , Waterfront, Lakefront , Lake access, Waterview Has a pool , Subdivision: Waterview Townhomes Sec 3 , Lot SQFT: 6348sqft , Built in  2001