Tenant Rights
WE ONLY REPRESENT TENANTS
MILLIONS OF SECURITY DEPOSIT REFUNDS RECOVERED
No Out of Pocket Fees or Costs: We handle all tenant cases on a contingency fee basis. That means you pay nothing out of pocket for the firm’s legal services and we only get paid if you get paid.
Under Florida law, tenant rights are specified in the Florida Residential Landlord Tenant Act.
A tenant is entitled to the right of private, peaceful possession of the dwelling. The landlord must rent a dwelling that is fit to be lived in. It must have working plumbing, hot water, and heating, be structurally sound, and have reasonable security, including working and locking doors and windows, and it must be free of pests. The landlord also must comply with local health, building, and safety codes. Once rented, the dwelling is the tenant’s to use lawfully.
Know Your Rights
You should contact your Jacksonville Tenant Rights attorney today if you believe you have a claim against your landlord or property management company for issues such as:
- Security Deposit Theft
- Unlawful Fees and Excessive Charges
- Harassing Rent Collection Practices
- Unlawful Eviction
- Failure to Maintain the Property
- Ignoring Requests to Fix and Repair
- Lease Violations
- Rent Increases
- Negligence Issues
- Slip and Fall
- Discrimination
- Hidden Fees and Charges
- Sending Unpaid Rental Debt to Debt Collectors
Security Deposit Theft
A security deposit is a money that the landlord holds to protect itself in case you break the rental agreement by not paying rent or causing damage. If all goes well, you leave the place clean and undamaged with no unpaid rent, and you get the whole deposit back within 15 days of leaving. Unfortunately, in some instances, Landlords have tried various tactics to keep the money unlawfully.
Landlords Must Follow Florida Law
Florida has strict laws that must be followed in order for a landlord to keep your security deposit. If your landlord intends to keep your security deposit, in most cases they must notify the tenant in writing by certified mail of their intention to keep a portion of the tenant’s security deposit. If the landlord fails to send a certified letter within 30 days, the landlord forfeits the right to keep any portion of the security deposit.
The Written Notice Must:
- Be sent by certified mail to the address on file for the tenant.
- State the intention to keep a portion or all of the security deposit and list the reasons why.
- Inform the tenant they have 15 days from receipt of the claim to contest it, but they must contest it in writing.
Florida law suggests the landlord use a statement similar to this one:
This is a notice of my intention to impose a claim for damages in the amount of ___ upon your security deposit due to___. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice, or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address).
IF YOU DON’T RECEIVE THIS NOTICE BY CERTIFIED MAIL WITHIN THIRTY DAYS OF MOVING, CONTACT OUR OFFICE IMMEDIATELY!
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What To Do To Minimize The Risk Of Security Deposit Theft
- Always timely provide the landlord with a forwarding address in writing and keep a copy for your records.
- Review your lease and follow all move-out instructions.
- Request a walk-through inspection at move out.
- Always take photos of the property when you move in and out.
- If a dispute arises, communicate with your landlord via email and not by phone.
- If you don’t receive your security deposit money or a certified letter within 30 days contact us.