florida residential lease agreement
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florida residential lease agreement

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This presentation explores residential landlord tenant law in Florida including key concepts and formal legal procedures what is landlord tenant law let's start with an example here we have a very modern-looking apartment building inside we have a one-bedroom one-bath unit this is Lucy landlord she owns the apartment this is kena tenant she is looking for an apartment to rent the focus of this presentation is Florida residential landlord tenant mom the laws may be different in different states also this presentation is focused on the Tampa Bay area question does landlord tenant law primarily deal with Circuit Court or County Court as we will see we are primarily dealing with county court the primary source of law here is Florida Statutes chapter 83 you will see that the Act is organized in three parts our focus is on part two also known as the residential landlord and tenant Act before we move on let's explore what subject areas we are excluding you can see part one deals with non-residential tendencies what does that mean well it means commercial leases such as office space where the tenant does not live on the property also part 3 deals with self-service storage space or storage spaces that are not used for either business offices or residential living so returning to our focus of residential landlord tenant law we are dealing with renting a living space and you can see how we will be focusing on issues that only meet certain general requirements therefore many examples and issues may arise which are outside residential landlord tenant law also the focus today is further tailored to Pinellas County Florida and the surrounding Tampa Bay area whenever you are dealing with a landlord-tenant issue I urge you to first go to your county clerk for initial guidance and materials you're County Clerk website for example probably has templates of many of the landlord tenant documents for formal legal actions such as evictions here is the Pinellas County Clerk website which has tons of great information and resources as we move along don't worry about writing down these websites links will be included in the description box of this video including links to many document templates you can use here is the Pasco County Clerk web site Pinellas County and Pasco County make up the 6th Judicial Circuit of Florida the Sixth Circuit web site is another great resource for information and materials here's the Hillsborough County Clerk's website again the point is to reach out to the County Clerk for whatever the property is located another great resource for all of Florida is Florida law help org this site provides great materials for all sorts of legal issues here under eviction you can see they offer a space where you can click for free do-it-yourself legal forms when you click the link it takes you to a module that will walk you through step by step to fill in the information to generate

FAQ

Is it possible to get out of a Residential Lease that I signed 4 months ago for a one year agreement?
I am a landlord and also a licensed broker. Aside from simply trying to negotiate with the landlord to break your lease early, there's nothing you can legally do to break it and not be on the hook for the remainder of the lease term. HOWEVER, if you abandon the premises, the landlord has a legal obligation to make his/her "best effort" to re-rent the property out. If the landlord finds a new tenant, then you are off the hook from that point on. Any months during the lease where rent was not paid and the landlord didn't have a new tenant in place, you'll be on the hook for. If you choose not to pay those amounts, the landlord can pursue civil action against you to recover them.Whether your landlord will actually follow the law and make a reasonable effort to re-rent the property out really is determined by whether you were paying above/below market rate for the place, and/or how easy it will be for the landlord to come after you to recover that money.The one thing the landlord can not legally do is collect double rents (i.e from you and a new tenant).
How long can a residential lease agreement be?
How long can a residential lease agreement be?For Colorado, United States:Colorado has no laws in place that requires a minimum or maximum term. Your state and locality may have laws that address lease terms, so make sure you check on local law.For practical purposes, if residential real estate is leased to a real person, the term of the lease would be limited only by the life of the person. Beyond the end of a person’s life, the lease would be unenforceable against the decedent unless there are specific terms that addresses the person’s estate’s responsibility to fulfill the terms of the lease.
What is the difference between the Residential Tenancy Agreement and the Agreement to Lease in Ontario?
There’s a few different ways to look at this, depending on your context, but I’ll try to keep this simple and short.A Residential Tenancy Agreement is a legal contract between a landlord and a tenant for a residential unit. It’s a standardized form produced by the Ontario government and as of April 30th, 2018 it is the required form for all residential leases signed on or after that date. It is explicitly governed by the Residential Tenancies Act (2006), the law that covers residential rentals in Ontario.An “agreement to lease” is not specific legally defined form. In most cases, it likely just refers to an older form that was used for many residential leases, produced by the Ontario Real Estate Association. Many (possibly most) residential leases signed in Ontario in the last 20 or so year, but before April 20th, 2018, were done using this form.However, it’s worth noting that the term an “agreement to lease” has also been used for pre-lease forms (basically an application) as well as for commercial, industrial, machinery and many other leases.
How can I get out of my residential lease?
By removing the landlord's reason for objecting to it. Most landlords aren't interested in a tenant's life circumstances or their complaints about the apartment, they simply want the rent paid by a responsible tenant. Use Craigslist or other local advertisement to find a qualified replacement tenant who is willing to take over your lease or, preferably, to sign a new lease with the landlord. Once you've found someone, then contact the landlord and request consent to assign your lease to this new party or, preferably, to terminate your lease without penalty subject to acceptance of your replacement tenant. That's how to get out of a residential lease.
If you have a year to year residential lease agreement but the end date is the same as the move in date, is the lease still valid?
How do you know you have a year-to-year lease if the end date is the same as the move-in date?It’s tempting, of course, to say that the end date is just a typo—the landlord meant 2019 rather than 2018. Whoops, just hit an “8” rather than a “9.”But that’s not how leases are written. A year-to-year residential lease would run April 1, 2019, to May 31, 2020. Or January 1 to December 31. Or October 1 to September 30. You’d never write a lease January 1 to January 1 or June 1 to June 1.Further, most leases specify a total amount due. For example, if the tenant is supposed to pay $1,000 a month, the lease would say that the tenant was responsible for $12,000, payable at a rate of $1,000 monthly. If the tenant has agreed to pay $12,000 in monthly chunks of $1,000, any reasonable person (as in a judge) would interpret the document as a year-to-year lease.For more information, please see a lawyer.
What happens if my landlord did not send me a renewal lease to sign like they usually do? Can I get my first, last & security deposits back now that there's no more lease agreement, or do I get it when I am ready to move out(I live in Florida)?
There may be local law which dictates what happens but normally once a lease has ended and neither party has made a change the term of the rental continues on a month to month basis. You need to read your lease agreement as the original lease may have automatically extended for another lease period (probably one year). As you are continuing to rent, you would not get deposits back until (typically) after up to one month after you have vacated, having fulfilled your rental period after given your required notice.
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