Legal Question in Landlord & Tenant Law in Florida

We got a notice that rent is being raised from 675 to 805 this is a 20 percent increase. We also recieved a notice that they want to perform a mandatory inspection if the unit. Is this legal? I feel that this is being done to harass me and get me out of the unit. What recourse do I have if any?


Asked on 7/17/14, 3:17 am

2 Answers from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

If the increase is occurring during a current lease period you have to look at your lease contract to see if it allows for an increase in rent. However, if this is in conjunction with a renewal, the landlord can charge any amount they want for the next lease term. Unless, the current lease prohibits an increase, or one of that magnitude. Some leases have terms regarding renewal and limit the amount that rent can increase at renewal. However, this is not common in residential leases.

As for the inspection, so long as they give you reasonable notice, the landlord can inspect the property for pretty much any purpose they wish, and whenever they wish. Again, your lease may specify the conditions for the notice, but without something specific they only have to give you a minimum of 12 hours notice. Most leases specify 24 hours and many landlords will work with the tenants to allow for scheduling issues. Keep in mind, it is the landlord's property. Your lease only gives you permission to be there and governs the terms of your stay and cost of your stay.

It is not likely you have any recourse, unless the landlord is violating the terms of the current lease. If you don't like the new rent, or can't afford the new rent, you should probably start looking for another place to live. You could try to talk to your landlord and see if they would negotiate a lower rent, but keep in mind there is no law that says they have to renew your lease if they don't want to, and there is no contract which guarantees a renewal.

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Answered on 7/17/14, 6:01 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Do you have a written lease ? That document controls. If none than rent increase can take place and you can decide if you want to pay or not

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Answered on 7/17/14, 6:16 am


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