Protecting Tenants’ Rights: Unlawful Fees under Florida Statute §83.575 In recent times, an alarming trend has emerged among landlords in Florida: the unjust imposition of fees on tenants for allegedly failing to give the required notice before vacating their premises at the end of the rental agreement. This practice, governed by Florida Statute §83.575, has become a significant concern for tenants who believe they have complied with their lease terms. As a law firm dedicated exclusively to defending the rights of tenants, we are here to shed light on this issue and offer our legal expertise. Understanding Florida Statute §83.575 Florida Statute §83.575 outlines the conditions under which a landlord may charge a tenant for not providing adequate notice before leaving a rental property. This statute requires tenants to give notice before vacating the premises at the end of the rental agreement. However, there’s a critical aspect that landlords often overlook: they are obligated to send a reminder notice to tenants “15 days before the start of the notification period contained in the lease” and this notice must include the fees, penalties, and other charges. The Growing Concern: Landlords’ Non-Compliance Many landlords are skipping this essential step. They are not sending the required reminder notices to tenants, yet are quick to impose fees for non-compliance with the notice requirement. This practice not only breaches the statute, but it also puts tenants at an unfair disadvantage. Without the reminder (or a discreet reminder buried in other communications), tenants may inadvertently fail

As we near the end of 2023, it’s clear that Florida’s landscape of landlord-tenant law underwent some noteworthy transformations. As a tenant in this evolving legal environment, it’s crucial to grasp these changes to navigate your rights and responsibilities effectively. Senate Bill 1586, along with its companion bill CS/HB 1417, stood at the forefront of this legal evolution. One significant shift was the centralization of authority over residential tenancies. This move transferred regulatory power from local municipalities to the state level, creating a uniform legal framework across Florida. While one could argue that it streamlined the legal process for landlord-tenant matters, it also means that nuances in local ordinances, previously tailored to specific community needs, are now overridden by Florida State law. Another area of change that directly impacts tenants is the modification of the notice period required for lease terminations. Understanding these new timelines is critical for tenants, as they dictate the procedure and legality of ending a tenancy or rent increases. Perhaps one of the more tenant-friendly changes is the requirement for landlords to provide advanced written notice for rent increases. Florida law now (as of July 1, 2023) requires at least 30 days’ notice for such increases. This adjustment gives tenants more time to prepare for financial changes, thereby enhancing housing stability and planning. The nuances of these legal changes, including the intricacies of Section 83.57 of the Florida Statutes, are integral to a tenant’s informed decision-making. This section, in particular, deals with the termination of tenancy

The World Health Organization declared the COVID-19 as a pandemic on March 11, 2020. The domino effect on our entire global economy has been swift and profound—businesses are being forced to shut down, our airports are empty and we are all concerned for our collective health. Many businesses and consumers are worried about the ability to cancel or revise their contracts. Typically, companies and individuals enter into contracts to mitigate for situations like an unanticipated business interruption, such as the situation we are all facing with COVID-19. Will you be able to cancel your meeting without liability for cancellation fees? Will you be able to go ahead with the meeting, despite reduced attendance, without liability for attrition damages? A key tool in managing the risk of such challenging circumstances is the force majeure clause. Force Majeure Clauses A force majeure clause is a contract provision that excuses a party’s performance of its obligations under the contract when certain circumstances beyond the control of a party arise, making performance inadvisable, commercially impracticable, illegal, or impossible. These clauses are common in contracts and are a valuable resource in determining how to navigate performance when there are issues affecting performance that are outside the parties’ control. When determining whether the coronavirus might constitute a force majeure event in your contract, you should consider the following: A. Does your contract include a force majeure clause or similar provision? A force majeure clause generally states that the occurrence of certain unforeseen events or circumstances beyond a party’s reasonable control will excuse that party

A long time ago, civilized societies decided that stealing the property of another was wrong. The penalties for stealing are quite different now than they were in the past. Even today, various areas around the world treat theft very differently. It is rumored that in some areas of Africa and Saudi Arabia, the right hand of a convicted thief may be cut off at the wrist as punishment for their crime. The good news is that Florida Law does not go that far. However, the penalties for theft can be quite severe depending on the circumstances of each case. Florida Statute 812.014 covers Theft, Robbery, and Related crimes. The first part of the Statute states, “A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property; or (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.” This law then goes on to describe the different levels of theft, which are based on several factors, including, but not limited to, the price of the stolen goods and if damages to the real property of another occurred during the incident. Hiring an experienced attorney is very important if you have been arrested for theft because, to put it simply, police