Landlord Tenant

At the Arcia Law Firm we are familiar with both residential and commercial landlord tenant law, and with the different strategies involved in filing an eviction action as a landlord, and defending one as a tenant. There are important considerations in each.  On the landlord side, the proper time to file an eviction action is critical, whether it be due to a failure to pay rent, or due to a tenant staying after the expiration of the lease. One situation requires a particular kind of 3-day notice and the other does not. In fact, serving a 3-day notice on a holdover tenant can in fact be construed as a renewal to the lease, an invitation to stay, and an extension of the lease. Many people also do not know that holdover tenants are liable for double the amount of monthly rent, due at the end and not the beginning of each holdover month. A proper notice advising of such holdover tenancy prior to the expiration of the lease is a valuable tool to ensure that tenants vacate on time, or pay the costly price for staying without permission.

Tenants also need to know under what conditions the landlord is entitled to keep their security deposit, and in which situations a tenant may legally withhold payment of rent. Each scenario is described in Florida’s Residential Landlord Tenant statute.  It is the landlord’s duty to maintain the premises, but it varies depending on whether the residence is a single-family home, a duplex, or a dwelling unit.  For example, renters of single-family homes and duplexes need to maintain much more than the dwelling unit tenants, including their own heat, pest control, and garbage removal. However, the lease itself may provide for a wider range of landlord’s duties. Finally, it is very important to note that any tenancy lasting any time over one year must be in writing. Rights and duties pertain to all tenancies, whether they exist under a written or verbal rental agreement.  A tenancy pursuant to a verbal agreement has to be ended in a particular way, depending on whether it is a week-to-week or month-to-month tenancy.

Whether you’re a landlord or a tenant, we can guide you through an eviction lawsuit and can also determine if the lawsuit is more properly an ejectment action, which is filed when the occupant of the premises is occupying the property not pursuant to a lease but because of some other ground that gives the occupant the belief that they have the right to occupy the premises. This is an important defense to an eviction action, and an important consideration as a plaintiff.  It can even lead to the dismissal of the eviction action altogether if properly and timely raised.  A thorough consultation will ensure that your eviction or ejectment action is commenced at the right time and in a complete manner.

Whether you’re a landlord or a tenant, we can guide you through an eviction lawsuit,  if you need assistance please fill out our Free Consultation Form or Call Us Now! 954-437-9066.


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