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Prohibited Practices/Illegal Lease Clauses

Rights & Duties Of Florida Tenants & Landlords
Scroll down for information on repairs, security deposits, notice to leave, retaliation, tenant abandonment of property.

Tenant And Landlord FAQs (Florida)
Before you rent, oral and written agreements, duration of tenancy, security deposits, maintenance and repair responsibilities, landlord's right to enter premises, non-payment of rent, evictions, utility cutoffs, military terminations, what to do before you move out.

See Repairs

See Discrimination/Fair Housing

See Evictions

See Where To Get Legal Or Government Assistance
Government, nonprofit and commercial groups to help you when you're in trouble.

Discrimination/Fair Housing

Florida Fair Housing Laws
The Florida Fair Housing Act declares it illegal to discriminate in the sale, rental, advertising, financing, or providing of brokerage services for housing.

Are You A Victim of Housing Discrimination (Florida)
Also has good resources for residents living in mid Florida.

Florida Commission on Human Relations
To resolve discrimination complaints involving
Employment, Housing, Public Accommodations and
Florida's Whistle-blower's Act.

Where To Get Legal Or Government Assistance (Consumer-SOS)
Government, nonprofit and commercial groups to help you when you're in trouble.

Help Resources In Urban Areas (Consumer-SOS)
Where to find help if you've been the victim of discrimination.
See also subtopic on "Legal Help".

http://tenant.net/otherareas/uscode/fair-hse.html
Learn what housing is covered, the types of discrimination that is prohibited and where to go for help.

Housing Exempt From The Fair Housing Act (Consumer-SOS)
Some housing can discriminate. Find out which.

Discrimination In Advertising Related To Housing (Consumer-SOS)

What Is a Disability As Defined By The Fair Housing Act (Consumer-SOS)

Filing A Lawsuit Under The Fair Housing Act (Consumer-SOS)

Requirements For New Buildings (Built After 19991)

Procedures & Penalties For Violations (Consumer-SOS)

www.accessut.state.ut.us/advobook.htm
Guide to finding accessible housing for people with disabilities.

For More See Prohibited Practices/Illegal Lease Clauses

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Retaliation

Rights & Duties Of Florida Tenants & Landlords
Scroll down for information on repairs, security deposits, notice to leave, retaliation, tenant abandonment of property.

Federal law may protect you from a landlord's retaliation if the decision was based on your race, color creed, national origin, marital or family status or age if over 40. For details see Discrimination/Fair Housing.

If the landlord is punishing you for exercising your legal rights, you may have to sue in court. For help, call your landlord tenant hotline, or get media support through your local TV, newspaper or radio station.

State By State Laws Against Landlord Retaliation (NOLO)
Not every state protects tenants from retaliation.

How The Various States Treat Landlord Retaliation
See Part 2 for the statutes and pro tenant case law on retaliatory conduct by landlords against tenants who exercise their rights under housing codes or other laws governing tenant rights. Each state varies with respect to the types of conduct landlords are prohibited from doing, the types of tenant activities that are protected, and the remedies available for a violation of the statute. And not all states are covered.

NOTE: for specific case law, search for key words by holding down the CTRL key and then press the letter F. Then search for your state by entering in the two letter abbreviation.
For example FL or GA or NY.

City And County Housing Codes (All 50 States)
Check your city and county housing codes for further protection. Some expressly protect against retaliation for reporting a violation. Once on your code website, search for retaliat or retaliation.

If you still can't find help, Google your state along with the words Landlord and Retaliation. If you are in a big city, Google that as well

Examples:

Georgia landlord retaliation
New York landlord retaliation
San Francisco landlord retaliation

Google Scholar
Do the same search above in Google Scholar for state specific case law. Repeat search choosing Articles.

Where To Go For More Help

For more help see Lawyers, Courts & Self Help

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Uninhabitable Premises/Constructive Eviction

What Landlord Must Provide To Make Premises Habitable-Florida Law (Lawhelp.org)

State Habitability Statutes And Law Reference Guide
Scroll down to your state and see what the remedies are for breach of habitability. If listed, this will show you what you need to prove for constructive eviction. If the statute is silent, there still may be case law in your favor. For case law, go to Google Scholar, and search for "constructive eviction" and your state. But be careful and talk to a lawyer if you can!

Summary Of Concept Behind Constructive Eviction

Sometimes a landlord will create a nuisance or fail to make needed repairs. If such actions make the premises unlivable, the law may permit the tenant to immediately move out and sue for "constructive eviction."

If the tenant wins, damages can be collected for back rent, damage to furniture and other expenses.

Note a tenant cannot normally sue for constructive eviction unless the problem caused them to move out before the end of their lease.

Some states even allow for a partial constructive eviction, such as when the landlord's negligence makes only part of your apartment unlivable. For example. Suppose your landlord did not repair the leaky ceiling and as a result of this you can no longer use your dining room. Then at least as far as the use of your dining room goes, you have been constructively evicted.

Note: The rules for constructive eviction depend on case law and vary from state to state.

So be very careful about claiming constructive eviction without first seeking help from an attorney.

Help Resources

Where To Get Legal Or Government Assistance (Consumer-SOS)
Government, nonprofit and commercial groups to help you when you're in trouble.

For More Help, See Repairs and Lawyers, Courts & Self Help

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Form Letters (Samples)

Sample Letter To Withhold Rent From Florida Landlord (Lawhelp.org)
Also has what landlord must provide to make the premises habitable.

Florida Agreement To Sublet

Rental Property Inspection Checklist

See State Courts & Court Forms (Consumer-SOS)
See Other Forms (Consumer-SOS)

Where To Go For More Help

The Forms Below Are Generic (Not State Specific)

FOR TENANTS

Tenant's Notice To End The Tenancy

Notice To Landlord To Make Repairs (Lawsmart)

FOR LANDLORDS

Amendment Of Lease (Lawsmart.com)

Assignment Of Lease (Lawsmart.com)

Sample Residential Lease (Lawsmart.com)

Consent To Assignment Of Lease (Lawsmart.com)

Sample Tenant Notice Invoking Option To Renew Lease

Landlord Demand Letter Informing Tenant Of Breach Of Tenancy And What Tenant Must Do To Make Amends

Landlord Notice To Terminate The Tenancy (Lawsmart)

Lease Termination Agreement (Lawsmart)

Memorandum Of Lease (Lawsmart)

Notice Of Rent Increase (Lawsmart.com)

Residential Rental Application (Lawsmart.com)

Notice To Tenant To Make Repairs (Lawsmart.com)

Where To Go For More Help (Consumer-SOS)

Mobile Homes

Your Rights As A Mobile Home Owner/Tenant (Florida Lawhelp.org)

Where To Get Legal Or Government Assistance (Florida)
Government, nonprofit and commercial groups to help you when you're in trouble.

There are no other resources here at this time. Please check back again later.

HUD/Public Housing

Public vs. Private Housing

Public housing differs from private housing in two important ways. In public housing, a family's rent is based on the family's income and size. In a private house or apartment, rent is set by the landlord. In addition to this, many of the rights and duties of public housing tenants are directed by federal law. In contrast, most rights and duties of private tenants are set by the landlord. In most cases, you actually have more rights in public housing than in private housing.

Links To Local HUD Offices Throughout US

HUD Help
Federal laws and regulations protect you from discrimination, fraud, and unscrupulous practices in buying and renting a home. Know your rights.

http://tenant.net/Other_Areas/Public/butler.htm
Admission, rents and lease requirements, eviction and grievances procedures and help numbers.

State Housing Authorities (All 50 States, DC & US Territories)
State housing agencies may give money and advice directly to low- and moderate-income people to help with rent, utilities, repairs to remove health and safety hazards, accessibility for the handicapped, and becoming homeowners. They also may construct, own, and manage public housing, which usually includes providing social services for the residents.

Where To Go For More Help (Consumer-SOS)

Right To Tenant's Property Left Behind

Rights & Duties Of Florida Tenants & Landlords
Scroll down for information on repairs, security deposits, notice to leave, retaliation, tenant abandonment of property.

Where To Get Legal Or Government Assistance (Consumer-SOS)
Government, nonprofit and commercial groups to help you when you're in trouble.

See Moving Out

Crime Prevention

Contacting Your Neighbors (Consumer-SOS)
Use Internet phone books and reverse lookups to find out who your neighbors are and contact them. Good to organize a neighborhood watch, or simply have them turn down the noise.

Getting Your Landlord To Prevent Crime (General)

Where To Get Legal Or Government Assistance (Consumer-SOS)
Government, nonprofit and commercial groups to help you when you're in trouble.

See Nuisances, Noise & Neighbors

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Help Agencies & Mega Sites

A To Z Complaint Guide (Florida Government & Non Profit Directory)
Where to go when you have a problem.

Legal Aid And Pro Bono Help In Florida
Select your county for a directory of links and phone numbers.

Emergency $ Assistance For Housing Matters (Florida)
The Emergency Financial Assistance for Housing Program (EFAHP) provides a one-time payment of up to $400 to families who are totally without shelter or face the loss of shelter because of non-payment of rent or mortgage. It also helps those families who have had household disasters such as fire, flood, or other accidents.

Help Resources In Urban Areas (Consumer-SOS)
How to find legal help and deal with housing code problems, discrimination, roommates, late rent and lack of money, finding an apartment, transportation, health & safety and more.

Form Letters (Consumer-SOS)

Can't Pay Your Rent, Mortgage or Utilities? (Consumer-SOS)
Step by step on what to do and where to go for assistance.

Find Your Local Newspaper, Magazine, Radio & TV Stations
Give them a little bad press and you're bargaining power increases tremendously. Select your state, and then click on your county or city for the proper media to report to. (DC Not Included).

Find The AARP In Florida
The AARP offers legal advocacy for seniors and may also have state specific consumer brochures which are available to everyone.

http://www.badlandlords.info/
Has help agency #s for 31 states, i.e. where to report your landlord and where to get free legal help. Also has links to each state's landlord/tenant laws.

http://directory.tenantsunion.org
This site has excellent resources, help numbers and links to pro-tenant publications in almost every state. It's a really good site!!!

http://tenant.net
This online resource for residential tenants has links to the law in 28 states, Australia, Canada and the UK. They also have articles and tips for the lay person.

http://cses.com/rental/ltlaw.htm#us
Has links to landlord tenant laws in most of the 50 states and around the world. Some of these links go to self help booklets written especially for the lay person.

http://www.mrlandlord.com/html/frametop_frametop.html
This site has select laws from each state on security deposits, evictions and landlord laws, but it's not consumer friendly. Their "landlord Laws" sections may have stuff on notice to end tenancy and other stuff tenants should know.

United Way Help Line (For All 50 States, DC & Puerto Rico)
Choose your state, select your city, and look up help agencies throughout your city and state. Their stellar search engine can lead you to any social service topic you can think of. Just type in the words "housing rights" or "HUD" or "housing Authority" or "housing codes", etc.

National Help Orgs For A Variety Of Consumer Problems
The Elderly, Environment, Families, Fraud, Health & Safety, Insurance The Handicapped, Medical Problems, Telemarketing and more.

For More General Advice, See

www.nolo.com

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Misc.

Florida Landlord/Tenant Statutes

Collecting A Small Claims Judgment in Florida County Courts (Brevard County)

A To Z Complaint Guide (Florida Government & Non Profit Directory)
Where to go when you have a problem.

Find Your City's Municipal Codes
Learn how your city code treats, garbage, nuisance and safety hazards. If you can't find your city, follow their links to other code sites that can help you.

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