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Landlord Tenant Forms - The Florida Bar: What You Should Know

The Florida Bar has updated form 15, written by State Bar of Florida, to address landlord-tenant law in the following areas: Florida's Residential Landlord-Tenant Law In Florida, an owner's duty to mitigate damages is a duty that a tenant must accept and carry out. The duty to mitigate means that the tenant is also entitled to possession of the premises during any period of breakage or abandonment. This principle applies to owners of multi unit residential properties as well as separate residences. The Florida Supreme Court recently ruled in State v. T.C.G.B., [1] and the landlord-tenant laws in Florida can now be reviewed and improved without having the court hear additional litigation. With the above new guidance, residential landlords are able to take advantage of all the available remedies available to them under Florida landlord tenant law including breach of lease, landlord's consent to abandonment and a termination of tenancy as well as other forms of relief which may include eviction, mortgage foreclosure, possession, and more. It is critical that tenants understand these rights and take advantage as soon as possible, especially since one month can mean a very different situation from several years later. The rights and responsibilities of the landlord as well as tenant are summarized in the following table in an easier to understand format. The Florida Landlord and Tenant Act Florida Landlord and Tenant Act, Florida Statutes. Landlord-Tenant Law in FL In Florida, a landlord must give their address, telephone number and landlord license number to their tenants. They can also give the tenant a copy of the lease, any important notices and/or a list of the persons who own the property. Liability of Landlord and Tenant in Florida Liability or defense of a landlord under Florida landlord tenant law is governed by the State's landlord tenant act. A landlord is held liable for providing rental units in violation of the lease, for a tenant's actions and omissions to perform the obligations of a landlord, and for damages to the tenant's property. To prevent a landlord's liability from being suspended while they are defending a rental unit or a lawsuit against a tenant, the laws require that the rental agreement contain an affidavit by the tenant that provides enough evidence to establish that the tenant intends to maintain the premises in a safe and health friendly manner.

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