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Landlord Tenant Law

Landlord tenant law covers the legal rights and protections of both landlords and tenants. Lease agreements provide for the obligations, expectations, and rights of the renter and landlord and provide for remedies if there is a breach or a landlord tenant dispute.

Florida Landlord Tenant Attorneys

Landlord tenant lawyers can represent either the tenant or landlord when a rental agreement has been breached and the parties cannot reach an agreement. For tenants, these attorneys can usually delay or prevent an eviction, or immediately stop landlord harassment. If your landlord is illegally raising rent, failing to fix problems in the rental unit, or won’t give you back your security deposit, a lawyer can step in to protect your rights. For landlords, a lawyer can help you create a valid rental agreement, to protect your rights as a property owner. A Key Biscayne law firm can also help you evict tenants who aren’t paying rent, and make sure you’re operating under the law when you take any actions against a tenant.

When Is My Key Biscayne Landlord Allowed to Raise the Rent?

Rent increases are often a big concern for renters in Key Biscayne, and in many cities across the country. Landlords generally can’t raise your rent while you are under an existing lease agreement. However, when you go to renew, your landlord may be allowed to increase the price of rent. Generally, the landlord must give you “proper notice” of the increase in advance, which may vary by local jurisdiction or the terms of your lease. If you’re on a month-to-month lease, the state determines how much notice your landlord must provide before an increase can go into effect.

Can You Be Evicted as Soon as You Stop Paying Rent?

Tenant rights provide some protections when it comes to evictions. Most leases provide a small grace period for late rental payments, usually within a couple of days from the due date. However, if you go beyond that, landlords are usually allowed to charge a late fee if the fee was included in the lease. In many states, a landlord has to wait a set amount of time before they can start the eviction process, usually a couple of days to a couple of weeks.

Can My Landlord Come In When I’m Not Home?

Just because your landlord owns the property does not mean they can come into your house or apartment without notice. A Key Biscayne landlord has to have a reason to come in and they have to provide notice. Valid reasons for coming into the property include making repairs or inspections, performing agreed maintenance, and showing the property to renters or buyers. However, except for limited situations, the landlord still has to provide a minimum amount of notice.

Are There Any Landlord Tenant Lawyers Near Me In Key Biscayne, FL?

Protecting your rights as a tenant doesn’t always come easy. Finding an attorney who is knowledgeable about landlord tenant law and understands the system can go a long way. The LawInfo directory can help you find verified Landlord Tenant attorneys in Key Biscayne. Make sure you seek one out that understands the type of case you have so that you can work toward a favorable outcome.

When Does a Landlord Have to Pay for a Hotel Room for a Tenant?

In most states, there’s no law that requires landlords to pay for temporary housing if a tenant’s rental unit becomes uninhabitable, even if it’s the landlord’s fault. Landlords may include a clause in their lease either reinforcing this, or offering to cover some expenses for hotels or other required accommodations, but in very few instances are they required to. If the lease says they will cover it, they will likely be bound to that, however. The landlord usually needs to reduce tenants’ rent for the number of days they’re unable to live in their home. If the conditions were exceptionally egregious or negligent, a tenant may have the option to bring their landlord to small claims court to recuperate any charges the displacement caused. Local laws determine what counts as legally uninhabitable, but it usually includes issues like a lack of plumbing or heat, or hazardous conditions.

Is There Any Limit to How Much a Landlord Can Increase Rent in Key Biscayne?

Rent increases are often a big concern for renters in Key Biscayne, and in many cities across the country they’re becoming more common. In most states, there’s not much of a limit to what a landlord can charge or increase rent by, though they may be required to stay within a market-price range. Landlords do have to give their tenants proper notice and include the new terms in any future leases. It will then be up to the tenant to decide if they want to renew or find a different housing situation.

What sort of issues can I seek legal help with?

Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

How to Find the Right Attorney

Determine the area of law that relates to your issue. Attorneys specialize in specific practice areas around legal issues within the broad field of law.
Seek out recommendations from friends, family, and colleagues. A successful attorney or practice will typically have many satisfied clients.
Set up consultation appointments to get a better understanding of your case as well as gauge your comfort level with different attorneys. Find the attorney who is the right fit for your needs.

Common legal terms explained

Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.

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