Florida Waiver of Lease Provision by Lessor is a legal document that allows the lessor or landlord to waive certain rights or provisions of a lease agreement in the state of Florida. This provision is typically included in the lease agreement to provide flexibility to the lessor in certain circumstances. The purpose of the Florida Waiver of Lease Provision by Lessor is to grant the lessor the ability to waive specific terms or conditions of the lease agreement, typically for the benefit of the tenant. This provision may be used in situations where the lessor wants to grant the tenant certain privileges or allowances that are outside the scope of the original lease agreement. There are different types of Florida Waiver of Lease Provision by Lessor that can be included in a lease agreement. Some common types include: 1. Waiver of late fees: This provision allows the lessor to waive late fees if the tenant makes a late payment but rectifies the situation within a specified time frame. 2. Waiver of notice period: This provision allows the lessor to waive the notice period required for the termination of the lease agreement. It can be beneficial in situations where the landlord wants to expedite the eviction process due to serious breaches of the lease. 3. Waiver of maintenance responsibilities: This provision allows the lessor to waive certain maintenance responsibilities that are typically assigned to the tenant. For example, the lessor may assume responsibility for landscaping or repairs in specific situations. 4. Waiver of penalty fees: This provision allows the lessor to waive penalty fees, such as those imposed for breaking the lease agreement prematurely. It offers flexibility in cases where the tenant needs to terminate the lease due to unforeseen circumstances. 5. Waiver of security deposit deduction: This provision allows the lessor to waive deducting any portion of the security deposit to cover damages or unpaid rent at the end of the tenancy. It can be beneficial for tenants with a good rental history or under certain circumstances. It is important to note that while the Florida Waiver of Lease Provision by Lessor provides flexibility for the lessor, it should be used with caution and within the limits of the applicable laws and regulations. Furthermore, it is advisable to consult with a legal professional to ensure that the waiver provision is drafted accurately and enforceable.
Florida Waiver of Lease Provision by Lessor
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(3) If the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premises, the landlord may terminate the rental agreement.
83.58 Remedies; tenant holding over. ?If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59.
83.48 Attorney fees. ?In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable attorney fees and court costs from the nonprevailing party.
Both landlords and renters in Florida have the right to terminate the lease agreement early for various reasons. The landlord may terminate the lease early if the tenant fails to pay rent on time, violates the rules and regulations of the lease agreement, or intentionally damages the rental unit.
83.54 Enforcement of rights and duties; civil action; criminal offenses. ?Any right or duty declared in this part is enforceable by civil action. A right or duty enforced by civil action under this section does not preclude prosecution for a criminal offense related to the lease or leased property. History.
Under Section 83.63, Florida Statutes, if the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant, so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises.
Pursuant to Florida Statute §83.08 a landlord has a statutory lien for rent, prohibiting the tenant from removing property from the leased premises, at the risk of criminal and civil liability. However, the landlord is protected to a greater degree by filing for a distress writ.
Section 83.20 provides a cause of action for removal of a commercial tenant under the following circumstances:The tenant continues in possession of the premises after expiration of the rental without the permission of the landlord;The tenant holds over without permission after default in the payment of rent provided ...
