Eviction, Landlord-Tenant

What Provisions a Broward Landlord should include in their lease?

There are two types of leases.  Written and Non-Written.  If a Landlord uses a Written Lease, there is information they should include.  Therefore, if you have questions about the provisions a Broward Landlord should include in a Lease, call 954 Eviction Attorneys, PLLC at (954) 323-2529.

Necessary Provisions

When preparing a Lease, we make sure that we include the following provisions.

     1.  Tenant’s Responsibilities

A Lease should include their obligations regarding the property.   For example, a Landlord can hold them responsible to keep it in good condition.  In addition, a Tenant may be required to hire an Air Conditioning Company to maintain the HVAC. This is important because Florida Statue is more general.  A Lease allows them to pass responsibility to the Tenant.

     2.  Non-Renewal Requirement

Some leases require that the Tenant is notified regarding renewal.  We advise Landlords not to include it because if there is tension with their Tenant, they will be able to remove them after the Termination Date.  However, if a lease requires them to give notice and they fail to do so, it becomes a month to month lease.

     3. Tenant Restrictions

While the process to remove a Tenant is outlined in Florida Statute, a Landlord can circumvent it by declaring certain activities subject to immediate Termination.  83.56(2)(a) states that destruction, damage, or misuse of the Landlord’s or other Tenant’s property by intentional act or a subsequent continued unreasonable disturbance is activity that is subject to immediate termination.  However, they can include other activities that if the Tenant signs the lease they agree not to violate.  The importance of having this provision is that if a Landlord has a Tenant that is a problem, they can remove them quicker. 

      4.  Late Fees

Unfortunately some Tenants pay late.   This causes stress to Landlords.  However, it does not mean they cannot include these fees in the 3 Day Notice.  Florida Statute allows them to label it as “additional rent.”  As a result, they can include them in a 3 Day Notice.    Failure to do so prohibits them from attempting to collect on them during a case.

      5.  Disclose Defects 

If a Landlord has knowledge that there has been mold in the property or issues that affect the condition, this should be disclosed to the Tenant prior to entering the lease.  In addition, if the property had bed bugs, it must be revealed to the Tenant. This protects the Landlord from liability in the event that they reoccur.

The above provisions are essential to protect the a Florida Landlord’s rights.  If you need a lease prepared by a Broward Lawyer, contact 954 Eviction Attorneys at (954) 990-7552.

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