Leases

The Florida landlord tenant lawyers at Cantwell & Goldman, P.A. represent clients throughout the residential and commercial leasing processes. Serving clients in Brevard County since 1984, we provide efficient and effective legal services and are dedicated to protecting our clients' rights. Thanks to decades of experience, we are intimately familiar with the legal issues that often arise in the leasing relationship, and we are uniquely qualified to assist clients on both sides of the table.

When a landlord and tenant enter into a lease agreement, each party has certain rights and obligations pursuant to state and local law as well as the terms of the agreement. Generally, the tenant has the right to use the property privately and without interference from the landlord. The tenant is also entitled to a living or work space that is habitable, meaning that it is reasonably secure, has working water and heating systems, and is free of pests. The landlord is required to make any necessary repairs in order to ensure that the property is habitable.

Meanwhile, the tenant is generally required to pay rent on time, keep the property in reasonable condition, and not disturb neighbors. Failure to comply with these obligations can be grounds for eviction.

A landlord also enjoys certain rights, perhaps the most important of which is being paid on time. The landlord is additionally entitled to have the property returned in the condition it was received, allowing for ordinary wear and tear. In exchange, the landlord must offer the property in habitable condition, make repairs when necessary, and respect tenants' rights.

Florida Residential and Commercial Rental Agreements

Often rental agreements include additional terms - concerning rent payments, security deposits, and notice provisions for ending the rental, for example - agreed to among the parties and legally enforceable in the event of a breach. The rental agreement need not be in writing, but it certainly is a good idea. In the event of a dispute, it is vital to be able to clearly determine just what it is that the parties agreed to with respect to the rental of the property. The lease is a legal contract and, as such, may be enforced in a court of law.

A landlord may seek to evict a tenant in the event of a breach of the rental agreement or failure to comply with other legal obligations. The eviction process begins when the landlord gives the tenant notice of the problem, and ends when the landlord obtains a court eviction order. The landlord cannot simply "lock out" the tenant from the rental property. Instead, it must prove that the tenant has violated the terms of the rental contract or otherwise violated state or local law and that eviction is warranted.

At Cantwell & Goldman, P.A., our Brevard County landlord tenant lawyers have the knowledge, skills, and experience to guide landlords and tenants through the leasing process, resolve disputes that may come up during the rental relationship, and represent them in eviction proceedings, if necessary. Whether you own a large condominium, office building or commercial property, or any other space, we stand ready to help you address any legal situation that may arise.

If you are considering entering a lease or are facing other landlord tenant issues, contact the Florida real estate lawyers at Goldman & Cantwell, P.A. Our attorneys are available to discuss your particular situation with you and explain how we may be able to assist in an initial consultation. Call our Cocoa office at 866-583-9129 or contact us online.