Landlord/Tenant & Evictions

Prohibited Provisions Florida Residential Lease

In Florida, the written residential lease is the most important document a Landlord or a Tenant can have. The residential lease dictates the duties and responsibilities of the Landlord as well as the Tenant. If any portion of the residential lease is not adhered to, an action for eviction may commence.

In some situations, the Landlord will deviate from the Florida Bar-approved or Florida realtor-approved residential lease and will create their own lease. It is important for tenants to review each clause of the lease and some leases can appear to be one-sided.

Pursuant to Florida Statute 83.47, a Landlord cannot have the following provisions in the lease: (a) any provision that waives or precludes the rights, remedies or requirements set forth in Chapter 83 of the Florida Statutes; (b) any provision that limits or precludes any liability of the Landlord to the Tenant or of the Tenant to the Landlord, arising under law; or (c) if such a provision exists and either the Landlord or Tenant suffers actual damages as a result, the aggrieved party may recover those damages.

It is extremely important to understand your rights and duties under the residential lease. If you are unclear of what your rights and responsibilities are, make it known to the other party to ensure clarification. The Attorneys at The Law Office of Ryan S. Shipp, PLLC our proficient in drafting and tailoring your Florida Residential Lease or your Florida Commercial Lease to your specific needs. Call us today at (561) 699-0399 to set up your free 20-minute consultation. We are located in Lantana, Florida. We serve South Florida.

Licensed to practice law in the State of Florida since 2008, Ryan S. Shipp, Esquire is the founder and principal attorney at Law Office of Ryan S. Shipp, PLLC, which is located in Palm Beach County, Florida. Mr. Shipp and his team of associate attorneys and support staff focus their practice in the areas of real estate and business law.

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