The Florida Statement of Claim — Landlord-Tenan— - Damages To Premises And Unpaid Rent is a legal document that is used by a landlord to file a formal claim for damages to the property, as well as any unpaid rent. This form is typically used when the tenant has failed to pay rent, caused damage to the property, or breached the lease agreement in some other way. The landlord must complete and file this form with the court to begin the eviction process. There are two types of Florida Statement of Claim — Landlord-Tenan— - Damages To Premises And Unpaid Rent: the Standard Statement of Claim and the Summary Statement of Claim. The Standard Statement of Claim includes detailed information about the tenant’s obligations, the rent owed, the damages to the property, and any other relevant information. The Summary Statement of Claim is a simplified version of the Standard Statement of Claim and includes less detail.
Florida Statement of Claim - Landlord-Tenant - Damages To Premises And Unpaid Rent
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FAQ
If the security deposit doesn't cover all the damages caused by a tenant, a landlord is entitled to sue a tenant to recover the additional money. Often, a landlord will seek damages small enough to be handled by Small Claims Court, which in Florida is $5,000 or less.
Florida Landlord Tenant Law is set forth in Florida Statutes at Part II, Chapter 83, Florida Residential Landlord Tenant Act. It governs the rights of both landlords and tenants. Even with a signed lease, the Laws ?prevail over what the lease says,? ing to The Florida Bar Foundation.
(1) In an action by the landlord which includes a claim for possession of real property, the tenant shall pay into the court registry the amount alleged in the complaint as unpaid, or if such amount is contested, such amount as is determined by the court, and any rent accruing during the pendency of the action, when
Stat. § 83.64. Section 83.64 - Retaliatory conduct (1) It is unlawful for a landlord to discriminatorily increase a tenant's rent or decrease services to a tenant, or to bring or threaten to bring an action for possession or other civil action, primarily because the landlord is retaliating against the tenant.
If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease.
If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.
Florida law doesn't give tenants a right to make repairs and deduct the cost from the rent. If you do make such an arrangement with your landlord, get it in writing before you spend your own money. If the problem is serious, you have the right to leave if you have given your landlord a seven-day notice.