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Landlord-Tenant Law

The commercial real estate market, not unlike the single-family housing and residential markets, is subject to cyclical trends. Individuals are no longer buying property, but rather renting it based on their needs and goals. Therefore, leasing contracts or rental agreements are being signed every minute, which increases the chances of potential conflict between parties.
 
Landlord-Tenant litigation involves disputes and lawsuits that emerge when the rental agreement is compromised by one of the parties involved. 
 
Some of the areas where Landlord-Tenant litigation is prevalent are as follows:
  • Breach of contract
  • Easements
  • Code violations
  • Quiet title actions
At SAADE LAW, we can help you determine the viability of your cases or the cases brought against you.

Types of Landlord-Tenant Cases

Breach of Contract

Under Florida law, a written contract is made when the following three elements are met: (1) An offer by a party to another; (2) the acceptance of the offer; and (3) consideration is exchanged between the parties.

 

A breach of contract occurs when one party in this contract fails to meet one or more of the aforementioned elements.

Examples of a breach of contract include:

  • Not paying the agreed amount on time

  • Failure to follow the specified terms of contract

Easements

An easement refers to the legal right that a person or business entity has to use another person's property according for a specified purpose and with detailed restrictions. However, the owner of the property retains ownership of the property subject to the easement and control of said property.

It is imperative for the person(s) or business entity who is/are granted an easement to know that if the subject property is leased or rented to a third-party, as this may impact their rights and provoke litigation.

Examples of easements include:

  • Access easements

  • Utility easements

Code Violations

A code violation occurs when a code enforcement officer finds that the bare standards of a property are not met. These standards are based on the safety, health, sanitization, and sustainability. 

Examples of code violations include:

  • Misplaced fire alarms and signs

  • Electrical malfunction

  • Open to the public

  • Immoderate trash/debris on property

 

Quite Title Actions

A quite title action is the legal right that an individual has to claim ownership of a property. This individual can file a lawsuit against anyone who claims to be owner of the land.

Quite title actions do not provide financial rewards nor cover for property damages to the individual filing the lawsuit. This claim will define and provide a property tittle to the owner of the land. 

 

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