Archive for the ‘Rental Agreements’ Category
December 28, 2008
Before renting housing built prior to 1978, Landlords are required to disclose the presence of known lead-based paint and provide Tenants with the Federally approved pamphlet on lead-based paint poisoning prevention.
For a sample disclosure form, click here.
For a downloadable copy of the Federally approved pamphlet, click here.
If you have any questions about the required disclosures that must be made in a rental agreement, please do not hesitate to contact my office at (407) 835-8688.
Jaisen J. Stango, Esq.
Landlord / Tenant Attorney
617 E Washington St Ste 3
Orlando, FL 32801
Ph (407) 835-8688
http://www.Orlando-Evictions.com
LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.
Tags:attorney, federal, florida, landlord, law, lawyer, lead-based paint, orlando, real estate, rental agreement, required disclosure, tenant
Posted in Required Disclosures | Comments Off
December 27, 2008
Florida Law requires the following radon gas disclosure to be made prior to, or at the time of, entering into a rental agreement:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.
This disclosure is specific to the State of Florida. Accordingly, unless the Landlord is using a rental agreement drafted to comply with Florida law, most likely that document does not contain the required disclosure. Too often, I come across Landlords that download leases for free off of the Internet. One of the problems with this is that these Landlords only have a 1 in 50 chance of downloading a Florida specific rental agreement. Consequently, there is a 98% chance that a randomly selected rental agreement found on the Internet is not a Florida specific.
If you have any questions about the required disclosures that must be made in a rental agreement, please do not hesitate to contact my office at (407) 835-8688.
Jaisen J. Stango, Esq.
Landlord / Tenant Attorney
617 E Washington St Ste 3
Orlando, FL 32801
Ph (407) 835-8688
http://www.Orlando-Evictions.com
LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.
Tags:attorney, florida, landlord, law, lawyer, orlando, radon gas, real estate, rental agreement, required disclosure, tenant
Posted in Required Disclosures | Comments Off
December 11, 2008
When the Tenant breached the rental agreement and either:
- the landlord obtained a writ of possession;
- the tenant surrendered possession; OR
- the tenant abandoned the premises
the Landlord may:
- retake possession for his own account (thereby terminating any further liability of the Tenant);
- retake possession for the account of the Tenant (and holding the Tenant liable for the difference between what the Landlord is owed under the rental agreement and what that Landlord can recover from releasing the premises);
- do nothing; OR
- charge the Tenant an early termination fee.
If you are a Landlord, you would be well advised to contact a Landlord / Tenant Attorney BEFORE choosing one of the available remedies provided for under Florida Law to determine which option is best for your current situation and to ensure the proper election of the chosen remedy.
If you are a Tenant and your Landlord is seeking damages from you as a result of your breach of a rental agreement, you would be well advised to contact a Landlord / Tenant Attorney to determine whether you are in fact liable for those alleged damages under Florida Law.
If you have any questions about Landlord / Tenant Law, please do not hesitate to contact my office at (407) 835-8688.
Jaisen J. Stango, Esq.
Landlord / Tenant Attorney
617 E Washington St Ste 3
Orlando, FL 32801
Ph (407) 835-8688
http://www.Orlando-Evictions.com
LEGAL DISCLAIMER: Please be cautioned and advised that the information on this site amounts to general statements regarding Florida Landlord Tenant Law and is not to be taken as direct legal advice regarding your specific situation. This site is not to be taken as a substitute for researching and reading Florida Landlord Tenant Law for yourself. This site is not intended to create and shall not constitute the creation of an attorney-client relationship. To determine the applicability of the Florida Laws that govern your specific situation, you must seek legal advice from an attorney or research the Florida Statutes and case law for yourself. Please note that Florida Laws are subject to change and, furthermore, are subject to court interpretation. Therefore, the information on this site is subject to change without notice.
Tags:attorney, breach, florida, landlord, law, lawyer, real estate, Remedies, rental agreement, tenant
Posted in Rental Agreements, Tenancies | Comments Off