Florida Consent By Tenant to Right of Way Agreement

State:
Multi-State
Control #:
US-OG-960
Format:
Word; 
Rich Text
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Description

This form provides for a tenant on the surface of the lands to consent to a right of way granted by the landowner. It provides the tenant will be paid for any damages to the tenant's crops or other property, resulting from the use of the surface, under the terms of the right of way agreement.

Florida Consents By Tenant to Right of Way Agreement is a legal document that grants permission to a third party, typically a utility company or the landlord, to access and use a specific portion of a tenant's property for the purpose of constructing, operating, and maintaining a right of way for utilities or other purposes. This agreement is vital in ensuring that all parties involved are aware of their rights, responsibilities, and liabilities pertaining to the use of the designated right of way area. In Florida, there are different types of Consent By Tenant to Right of Way Agreements, depending on the specific nature of the right of way being granted. Some common types include: 1. Utility Right of Way Agreement: This type of agreement is usually entered into between the tenant and a utility company. It allows the utility company to install and maintain utility lines, such as electric, water, sewer, or telecommunications, on the tenant's property. 2. Easement Right of Way Agreement: This agreement grants a right of way to a third party, usually the landlord or a neighboring property owner, allowing them access to a specific portion of the tenant's property for various purposes, such as accessing a road, driveway, or common area. 3. Construction Right of Way Agreement: In this type of agreement, the tenant grants permission to a construction company or contractor to temporarily use a portion of their property for access, storage, or staging during the construction or renovation of nearby structures. The Florida Consent By Tenant to Right of Way Agreement typically includes various key provisions to ensure clarity and protection for all parties involved. These provisions may include: a. Grant of Right of Way: This section explains the specific rights being granted to the third party, detailing the size, location, and purpose of the right of way area. b. Term and Renewal: Specifies the initial term of the agreement and outlines any provisions for renewal, extensions, or termination. c. Compensation and Indemnification: Describes whether the tenant will receive any compensation for granting the right of way and outlines provisions for indemnifying the tenant against any damages, liabilities, or claims arising from the use of the right of way. d. Maintenance and Repair: Specifies the responsibilities of the third party regarding maintaining, repairing, and restoring the right of way area during and after its use. e. Insurance and Liability: Outlines the insurance requirements for all parties involved and determines liability for any damages, accidents, or injuries related to the right of way. f. Default and Remedies: Details the consequences of a party's failure to comply with the terms of the agreement, including any remedies or dispute resolution mechanisms. g. Governing Law: Specifies that the agreement is governed by the laws of the state of Florida and designates the appropriate jurisdiction for resolving disputes. It is crucial for tenants and property owners in Florida to carefully review and understand the terms of the Consent By Tenant to Right of Way Agreement before signing it. Seeking legal advice is recommended to ensure that their rights and interests are protected throughout the duration of the agreement.

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FAQ

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.

An easement and a right-of-way are very similar in that they both give access to another person's property. However, a right-of-way does not give you access to another person's property for ?use? of the property. A right-of-way only allows you to pass over another person's property.

Landlords in Florida are free to charge whatever rent they want for their properties, as the state does not have rent control laws. Additionally, Florida statutes do not cover rent payment conditions, meaning they can set their own terms for collecting rent.

Florida Landlord Tenant Laws, under Florida Chapter 83, section 49 provides that if a landlord obtains a security deposit from a tenant the landlord is not permitted to ?commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are ...

177.041 Boundary survey and title opinion or property information report required. ?Every plat or replat of a subdivision submitted to the approving agency of the local governing body must be accompanied by: (1) A boundary survey of the platted lands.

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 ...

SECTION 83.02. Certain written leases tenancies at will; duration. SECTION 83.03. Termination of tenancy at will; length of notice.

83.202 Waiver of right to proceed with eviction claim. ?The landlord's acceptance of the full amount of rent past due, with knowledge of the tenant's breach of the lease by nonpayment, shall be considered a waiver of the landlord's right to proceed with an eviction claim for nonpayment of that rent.

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Florida Consent By Tenant to Right of Way Agreement