The Vicary Law Firm

The Vicary Law Firm has represented both Landlords and Tenants and is thus well versed in this area of the law.  Landlords and Tenants have specific duties, rights, and responsibilities that are specified in Florida Statutes.  Moreover, while the courts have made it easier for laypersons to navigate through this area of the law, many finer points are overlooked that could have severe consequences for either landlords or tenants.  Contact me for assistance.

I can assist with the following issues:

• Evictions (residential or commercial) due to non-payment of rent, non-renewals and violations
• Review of documents and correspondence
• Security deposit disputes
• Communications with attorneys and insurance companies
• Preparation of lease agreements (residential and commercial)
• Letters to tenants
• Worthless check collection
• Full assistance with day-to-day legal issues

THE LANDLORD'S RESPONSIBILITIES


Florida Statutes, Section 83.51, require a landlord to comply with the requirements of applicable building, housing and health codes  as well as with Chapter 518 of the Jacksonville Municipal Ordinace Code ( Property Safety Code). This means:

1. The roof must not leak.
2. The walls must be weather-tight and in good repair.
3. The stairs must be safe for normal use and maintained in good repair.
4. Windows and doors must be weather-tight, water-tight, rodent-proof and kept in sound working condition. Outside doors have to have proper locks.
5. Window panes cannot have cracks and holes. Outside windows must have screens.
6. Inside floors, walls, ceilings must be basically rodent-proof and kept in sound condition and good repair and should be safe.
7. The house or apartment must have hot water that is connected to the kitchen and bathroom sinks, tub or shower.
8. All houses or apartments must have a flushing toilet in good working condition.
9. When cooking and heating equipment are provided by the landlord, they must be safely installed and in good working order.
10. There must be adequate garbage disposal facilities or garbage storage containers.
11. Every habitable room must have at least two separate floor or wall electric outlets and, additionally, every kitchen, bedroom, bathroom and hallway must have a ceiling or wall-type fixture, or an outlet controlled by a wall switch near the entrance to the room.
12. All electrical systems must be in good repair and good working order.

THE TENANT'S RESPONSIBILITIES


Florida Statutes, Section 83.52, require a tenant to comply with certain obligations set forth in the statute. This means that the tenant must:

1. Keep the house or apartment in a clean and sanitary manner.
2. Remove all garbage from the house or apartment in a clean and sanitary manner (for example, use garbage cans).
3. Keep all plumbing fixtures in the house or apartment used by the tenant in a clean and sanitary manner and in good repair.
4. Properly use and operate all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, which are in the apartment or house.
5. Not destroy, damage or in any way misuse the property itself. This includes not permitting any tenant's guests to do so either.
6. Not remove anything from the house or apartment which does not belong to the tenant (for example, cannot remove light fixture which was in the property when tenant moved in).
7. Conduct themselves and require anyone who visits them to act in a  way that does not disturb the peace.

The viewing or use of this website does not creat an attorney-client relationship between the viewer or user of this website and the Vicary Law Firm.  To form an attorney-client relationship you must retain our office by entering into a written agreement.  I look forward to the opportunity to serve your legal needs.

Landlords, make sure any lease agreement complies with Florida law and protects your rights.  There are certain clauses that must be present in every lease agreement.  I can assist with the preparation, modification, or review of your lease agreement.  Call me today!