Category: Common Disputes Between Landlords and Tenants

Living in Florida has its perks—the weather, the beaches, the laid-back lifestyle. But if you’re a landlord or tenant, you also know that there can be some challenges when it comes to rental properties. From disagreements about repairs to problems with paying rent on time, disputes between landlords and tenants are all too common.

In this blog post, we’ll take a look at seven of the most common disputes between landlords and tenants in Florida and how to resolve them. By understanding both sides of the issue and working together to find a resolution, you can avoid a lot of headaches (and heartaches) down the road.

1. Repair Issues

One of the most common disputes between landlords and tenants revolves around repairs. Who is responsible for what? When something needs to be fixed, who has to foot the bill? Under Florida landlord-tenant law, landlords are responsible for making sure that the property is habitable and up to code, which means taking care of major repairs like plumbing, heating, and air conditioning. However, tenants are generally responsible for taking care of minor repairs like changing lightbulbs or unclogging toilets.

If there’s a repair that needs to be made and you’re not sure who is responsible for it, the best course of action is to reach out to your landlord or leasing agent and ask. They ought to be able to respond with a precise response. If you’re still not sure, you can always err on the side of caution and go ahead and make the repair yourself (just be sure to keep receipts so that you can be reimbursed later).

2. Late Rent Payments

Another common issue between landlords and tenants is late rent payments. In Florida, landlords are allowed to charge a late fee if rent is not paid within 5 days of the due date—but that late fee can’t exceed 5% of the total rent amount. And if rent is more than 10 days late, landlords can begin the eviction process.

If you’re a tenant who is struggling to pay rent on time, reach out to your landlord as soon as possible and explain the situation. Many landlords are willing to work with their tenants if they know that there’s a legitimate reason for why rent is late (like a job loss or medical emergency). If you’re a landlord who is dealing with a tenant who is chronically late on rent payments, your best course of action is probably going to be starting the eviction process.

3. Noise Complaints

It’s not uncommon for neighbors to have noise complaints—especially if they live in close proximity to each other like in an apartment complex or duplex. If you’re a tenant who is being bothered by noise coming from another unit, your first step should be trying to talk to the neighbor directly. Oftentimes, people are unaware that they’re being too loud and once they know that their noise is bothering someone else, they’ll try to be more considerate.

If talking to your neighbor doesn’t work or isn’t an option (maybe they’re never home), reach out to your landlord or leasing agent and let them know what’s going on. They may be able to talk to the neighbor on your behalf or take other measures (like increasing soundproofing) to help mitigate the problem.

4. Unauthorized Pets

In Florida, landlords have the right to decide whether or not they want pets living in their rental units—and if they do allow pets, they get to choose what kinds (if any) are allowed. So if you’re a tenant with an unauthorized pet, your landlord may ask you to get rid of it or face eviction proceedings.

5. Unauthorized Occupants

Along similar lines, landlords also have the right to decide how many people can live in a rental unit—and those people must be listed on the lease agreement. So if you have friends or family members who are staying with you for an extended period of time without being listed on the lease agreement, your landlord may ask them to leave or face eviction proceedings.

6. Parking Issues

Parking can often be an issue in rentals—especially if there aren’t enough spaces for all of the tenants or if visitors constantly park in spots that are reserved for residents only. If you’re having trouble finding a place to park near your rental unit, talk to your landlord or leasing agent about it; they may be able to provide some guidance or suggestions (like where visitor parking is located).

7. Property Damages

When damages occur (whether intentional or accidental), it’s important for landlords and tenants to come together to figure out how those damages will be paid for—particularly if insurance isn’t involved. In general, the tenant will be financially responsible for repairing any damages that they cause. However, if the damage was caused by normal wear-and-tear , the landlord will likely be responsible for fixing it. If you’re unsure about who is supposed to pay for certain types of damages, the best thing to do is reach out to your your landlord or leasing agent for clarification.

Conclusion

Landlord-tenant disputes are unfortunately quite common here in Florida—but that doesn’t mean that they have to turn into full – blown arguments or legal battles. In most cases, simply talking through the issue with your landlord or leasing agent can help you find a resolution that works for everyone involved. Of course, there are always going to be times that require little bit more work(like starting the eviction process), but in general, taking some time to get on the same page as your landlord or tenant can go a long way in avoiding disputes down the road.