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A 30-Day notice is usually used by a landlord to terminate or change a month-to-month lease or a periodic lease. A 30-day notice does not apply to fixed-term leases, as these types of leases impose an obligation upon landlords to comply with the lease for the entirety of the agreed term.
HUD handles complaints about housing discrimination, bad landlords in federal housing and many other issues. For additional local resources, you can also contact a housing counseling agency.
Typical lawsuits are brought by tenants against landlords who unfairly withheld deposit money for cleaning, repairs, or back rent, or failed to return the deposit at all. Fortunately, it's fairly simple to file a small claims lawsuit in Florida. Here's an overview of the steps involved with doing so.
Prematurely demanding rent. Changing locks or other self-help eviction actions. Disposing or seizing tenants' personal property. Abusive, profane, or threatening language.
The landlord must serve the tenant a written notice allowing three days, excluding weekends and legal holidays, for the payment of the rent or vacating of the premises. If the tenant does not pay the rent or vacate, the landlord may begin legal action to evict.
If you object to the landlord's claim, you may file a complaint with the Florida Department of Agriculture and Consumer Services (FDACS) or institute an action in court to adjudicate the landlord's right to the security deposit.
The Florida Residential Landlord Tenant Act prevails over what the lease says. A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant's to lawfully use.
LANDLORDS CANNOT JUST THROW YOU OUT. Florida law prohibits landlords from evicting tenants without going through the court system (self-help evictions). Your landlord can't evict you without a judge's order. And if the sheriff shows up to evict you, he also must have a court order.