Florida Landlord/Tenant Law?
Dean, it is usurious to say the least when a LL chg's 50bucks a day for late fees. Late fees are to deter the tenant from paying late and is usually used to scare the tenant to pay on time. If the suit ever went to court, the LL would get chastised for charging so much and may even have to repay the tenant for the overage. Late fees can not accumulate and should be 5% or 50 dollars; which is ever the greater (per mo.) and may only charged one time a month for the months that are late. the LL may however charge 2% or whatever is prevaling for each month the tenant is withholding funds in the following month, so, pay on time and save those late fees....they can add up. and if the tenant can't catch up and they feel that they are getting gouged, take the LL to small claims and make them pay for over - charging.
Is a waiver of my rights to sue my landlord legal, or does the FL tenant/landlord law override this agreement?
It will depend on what is being arbitrated, and whether the arbitration clause is clearly called out.For most contracts, this would require a specific separate lease page requiring a signature.In addition, a limited time horizon might result in such a clause being unreasonable, in that it would result in a lack of bilaterality.Combined, this would render the contract a “contract of adhesion” — thus lacking in mutuality, and therefore unconscionable — and against public policy.Here is a description of a specific suit over such a case in Florida, following a motion to compel binding arbitration:Can Landlord Force Tenant To Enter Into Arbitration?
What are my rights as a tenant in Tampa Florida as far as Harassment from another tenant?
First, it depends on the behavior and facts and circumstances. For example, if the other tenant is threatening you or interfering with your property, especially if there is any safety risk, I would look at relevant criminal statutes in your state and call the authorities. For the run of the mill dirty looks, loud radio, name calling etc--I would first look to bring it up with your landlord or property manager and document the issue (yes, often the person with the best documentation prevails). List the incidents with dates and times and specific behaviors. This could be enough to prompt the manager or landlord to take action (with a written warning or even eventually evicting the wrongdoer for a lease or repeated policy violation).You generally have a right to quiet enjoyment of the premises and you may be able to show this other tenant is infringing on that right. Because you mention Florida, if it is a condo or there is an HOA, that may also be another forum and authority to appeal to (though the owner of the unit would be the most helpful conduit). The boards can issue warnings and even levy fines that can prompt behavior changes.Best of luck
Does an apartment landlord in Florida have right to search personal belongings?
I'm new to florida and I'm renting a low income apartment. We have inspections tommorrow. I'm expecting them to look in the kitchen , bath, and bedrooms and look at the general cleanliness of the place but do they have the right to search my dressers,draws, boxes and other personal belongings? I dont think so, do you? Its ok if they look in the closets, to me that part of the apartment structure but all furniture and dressers are personal which would require some sort of legal warrant. I'm just concerned about my right to privacy. Any thoughts from renters or landlords welcomed.
Can a landlord in Florida charge late fee of 50.00 plus 25.00 a day on late rent ?
We are late on Aug rent for the 1st time in 10 months of a 12 month lease and this is what the landlord wants to charge 50.00 late fee plus 25.00 a day till it is paid.