Landlord Tenant Law in Florida
The Florida Landlord/Tenant laws are in place to protect both parties, and to also apprised them of the laws should any issues arise. Both the landlord and tenant should have a full understanding of these laws before entering into an agreement. Orlando real estate attorneys are a great source of information if you have questions.
In rental situations, the landlord and tenant are on equal footing. Before you as a tenant sign any papers, you should first thoroughly check out the premises. Take pictures of the dwelling and make sure you have a clear understanding of all of your responsibilities before you sign on the dotted line.
What are the responsibilities of the tenant and landlord?
The landlord and the tenant are required to follow all of the rules and regulations on the contract as outlined by the state of Florida and Orlando real estate law. Some of the obligations include:
- Comply with all building, housing and health codes
- Make sure all areas of the housing is in good working condition or making the repairs to do so
- Provide locks and keys
- Make sure all common areas are clean and safe
- Make sure all garbage disposals and exterior dumpsters are clean
- Ensure all facilities have heat, water and air during summer/winter months
- Comply with all building and health codes
- Remove all garbage and trash in sanitary manner
- Keep plumbing in good repair
- Not destroy or deface any property within the dwelling
- Conduct self in a manner that does not breach the privacy of other tenants
- Use plumbing, electrical, air conditioning and other items in dwelling in safe manner
If any disputes arise, they must be addressed in a manner that is lawful. If a landlord needs to evict a tenant, they must follow the letter of Florid law. Tenants must also follow certain protocols if they have disputes. Contact a Florida real estate attorney if you need more information. Nishad Khan P.L. can answer all your questions.
What is a Rent-to-Own Home?
A rent-to-own home program is an agreement where a person agrees to rent a home for a certain amount of time and has the option to buy it at the end of the term. A down payment and a good credit score are required to purchase a home the traditional way. The rent-to-own option is ideal for people who want to buy a home, but they do not meet the requirements for a traditional mortgage. Rent-to-home programs typically last one to three years. If you have questions about Orlando real estate law, it is a good idea to contact an attorney and get the advice you need.
What is Included in the Rent-to-Own Contract?
You will have to pay a non-refundable fee that is known as the option money. The option money gives you the right to buy a home at the end of the lease. The option money price typically ranges from 2 to 7 percent of the purchase price. The buyer and seller will agree on the purchase price. The price is typically higher than the market value.
The potential buyer will have to pay rent every month. A portion of the rent will go towards the home purchase. The potential buyer may be responsible for covering the maintenance, property taxes, homeowners association fees and insurance. However, the seller may choose to cover these costs.
Keep in mind that the potential buyer does not have to purchase the home at the end of the lease. However, if the contract includes a legal agreement, the seller may initiate legal proceedings. If the buyer decides to purchase the home, then they will have to apply for the mortgage. A portion of the rent payment and option money will be deducted from the purchase price.
It is important to remember that the rent-to-own contract is a binding agreement. If a person misses one payment, then the contract may be voided. The contract may also be voided if the home is not maintained.
Contact an Orlando Florida Real Estate Attorney
Real estate law can be complicated. If you are interested in a rent-to-own program, then it is important to remember that you have rights. The skilled real estate lawyers Orlando can help protect your rights. Call and get a consultation today.
During the home buying process, you’ll need to hire a property inspector to take a look at the property. It is important for the buyer to hire a qualified individual to go through the house to examine its systems, damages, and repairs that need attention before the purchase. A thorough home inspection is an absolute must to identify problems that could allow you to re-negotiate your price or back out of the contract entirely. It’s beneficial if you hire someone skilled with Orlando real estate law to assist during the process.
Here are some things they look for during an inspection:
You want a stable structure that isn’t going to collapse. They will look at the roof, foundation, and attic to look for holes, weakness, or defects. They will check the walls and ceilings for mold and leaks, which can damage the structural integrity of the home.
Replacing a roof is a significant expense that you’ll want to avoid if possible. They will examine the flashing and check for shingles falling off. Tree limbs shouldn’t be touching the house in case a storm hits, and all skylights and chimneys need to have the proper sealant to prevent water leaks.
HVAC and electric
The heating and air conditioning system needs to be operational, and filters should be free of accumulated debris. Electrical components are examined to ensure grounding equipment, conductors, and distribution panels are efficiently operating. Damaged electrical components can be dangerous if not remedied as soon as possible.
Pests are something else you shouldn’t have to deal with when buying a house. An inspector needs to check thoroughly for common pests for your geographic area such as roaches, termites, bed bugs, or ants. If an infestation is present, it should be dealt with before closing.
An inspector has a lot of responsibility to give correct information to you. If something is left out of the inspection report, you need the services of an attorney. You don’t want to be stuck in a contract for a home that had issues you weren’t aware of. Orlando real estate attorneys can help you with any real estate issues you come across and should always be an option if you’re new to the process or unsure of something. It is always a good idea to contact an real estate attorney in Orlando because buying a home can be a complicated journey.
With one of the highest foreclosure rates in the United States, many Florida residents are no strangers to needing help when it comes to keeping their homes. Because the state’s foreclosure process is mostly judicial, the lender is responsible for filing the appropriate paperwork with the courts, which can then take up to six months to work its way through the legal system. If you are in this type of situation and are at risk of foreclosure, it’s best to contact a Florida real estate attorney, who can review the options you’ll have to stop the foreclosure process dead in its tracks.
Contact the Lender
Due to the complexities of Orlando real estate law, contacting the lender directly can be the quickest way to stop foreclosure. Since banks don’t want to be in the business of selling homes, they may be willing to work with you to create a repayment plan.
Sell the Home
If you have decided you would rather sell the property, you can do so. However, if you choose this option, contact an experienced Orlando real estate attorney before doing so. Not only will they have a thorough knowledge of Florida real estate law, but they will probably know reputable real estate agents who can guide you through the process. But beware, if you sell your home, you may take a big hit financially. Under Florida law, your asking price will depend on where the property is located. For example, since Orlando has a high number of properties in foreclosures, you will be limited as to how much you can seek for your home.
Ask the Court for an Extension
If you can show the court you had a good reason for falling behind on your payments, such as a job loss or medical emergency, the court may grant you several extra months to get caught up. If you choose to pursue this option, always work with an experienced Florida real estate attorney who understands Orlando real estate law.
By contacting an Orlando real estate attorney, you may be able to find a silver lining in an otherwise difficult situation. A knowledgeable attorney at Nishad Khan P.L. can help you figure out your options and decide on the best course of action in your specific situation.
If you are involved in a real estate transaction in Orlando, Florida, it would definitely behoove you to work with the experienced real estate lawyers in Orlando at Nishad Khan P.L. As the best real estate attorneys Orlando has to offer, we can help you through the process of your transaction in a way that ensures that you do not spend or lose any more money than absolutely necessary.
In the typical real estate transaction…..
- The seller will sign a brokerage contract with his or her real estate agent.
- The broker will be the one who mediates any negotiations with potential buyers.
- They will reach an informal agreement and then sign a formal written contract as well.
- The buyer will then obtain some sort of commitment in terms of financing.
- The title will be searched, and then the property will be transferred to the buyer, and the seller will receive the amount that is specified in the written contract.
This process may seem relatively straightforward, but if you are not working with a Orlando real estate attorney, the chances go up that something could go wrong or that you could miss the fine print and end up losing a lot of money. For example, if you sign a brokerage contract without fully understanding everything that is in the document, you could end up losing a lot of money to the broker by agreeing to something that you do not fully understand. Situations like this can be avoided by having someone there who understands the terminology and can understand these contracts.
If you are looking for the best real estate attorneys Orlando has to offer, you should consider working with the Orlando real estate attorneys at Nishad Khan P.L. Among the top real estate lawyers Orlando – offers its residents, Nishad Khan P.L. has all of the tools and resources that would be required to answer any question that you may have about the legal aspects of buying or selling real estate.
- Demolition Permits
- Building Permits
- Electrical Permits
- Mechanical Permits
- Plumbing Permits
- Permits for Site Work
- Accessory Structures
There are many things that you should know in order to go about getting any type of building permit. Our Orlando Real Estate Lawyers will be able to help you determine what permits and necessary paperwork is needed.
In order to obtain a permit for a building….
6. Visit the Building Department of Orlando in order to pay any remaining fees and collect your permit.
If you still have doubts about anything related to building permits in Florida, you should consider talking to an Orlando Real Estate Attorney. We have the background to help you determine the best course of action.
- Take the time to visit multiple properties and research neighborhoods in the area, so that you have an idea of what your options are.
- Pay attention to the data that is provided in comparative market analysis.
- Understand how cash flow works when it comes to investing in real estate.
- Calculate how much profit you can potentially earn from fixing up your investment and selling it or renting it out, while also taking into consideration how much you will have to pay in property taxes and other expenses.
- Learn about all the downsides to leverage and how mortgages are going to affect your profitability in this endeavor.
- Consider whether or not you would want to be a landlord for the people living on/in the property.
Real estate transactions can be very exciting. After all, buying a new home can often mark a new chapter in the life of a person or family. However, there are many ways that a person can end up agreeing to things that they would not have wanted through a real estate contract. This is why there are certain important questions that you need to ask before signing anything.
Question #1 Ask whether or not there are any deed restrictions on the property. These can restrict your capabilities of doing whatever you want to do on your property, going even further than local zoning laws in fact. You do not want to buy a piece of property without knowing about these, as these could be a deal breaker in certain cases.
Question #2 Address concerns whether or not there are any special assessments that you will need to pay after buying the property in addition to regular property taxes. Generally, these special assessments will go towards improvements in the neighborhood, such as sidewalks. These are typically transferred to the buyer from the seller, and you should be aware of these so that you know whether you are willing to pay these required assessments or not.
Question #3 Ask is whether or not you should sign a contract in the absence of a mortgage contingency, which would allow you to take the time to secure the funds that you need to purchase the home. Without this, you will be required to buy it whether or not you have received a mortgage, which is risky for anyone who does not have good credit and access to a large amount of money.
If you still feel hesitant to sign any documents even after asking these questions, it would be a great idea to enlist the help of an Orlando Real Estate Attorney. Nishad Khan P.L. is a great example of what a Real Estate Attorney Orlando has to offer and has years of experience helping Florida residents with all aspects of real estate.
If you are looking for a Real Estate Lawyer in Orlando you should look no further than Nishad Khan P.L., we can ensure you know everything you want to know and need to know before signing any real estate documents.