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Florida Real Estate Law
Real estate law defines a person’s right to owning and possessing land, structures on land and buildings including whatever materials that can be found above or below the land’s surface. Because there are various laws governing certain areas here is a list of some of the basic real estate laws in South Florida.
A contract that binds both the tenant and the landlord is called a lease regardless of the state you’re in a lease is a lease. The variation occurs in the rental amount, payment dates, and duration of lease, facilities, utilities and other particulars that are applicable in the area. Some minor provisions can be issued by landlords as long as it is legal. In occasions of periodic tenancy, unless terminated accordingly under Florida Law, the lease must be automatically renewed from period to period. Also with regards to termination of lease the law states certain requirements. Year to year lease deems that a notice must be given 60 days before the said contract end. For a quarter lease, 30 days must be allotted. For the month to moth lease, 15 days is set while a week to week lease requires a notice 7 days prior to the end of the contract. The Florida real estate law states that a landlord shall hold the security deposit in both an interest bearing account and a non-interest bearing account. At the end of the lease landlords have 15 days to return the security deposit. It is then that the landlord may notify the tenants of any damages he wishes to charge them with. The tenant is given 15 days to accept or reject a landlord’s claim. After which the landlord may freely deduct from the security deposit whatever damage charges he claims. Any further disputes will be dealt with in court. Mitigation of any damages is required from landlords as it is not fair to purposefully pile up said charges. It is against South Florida real estate law to discriminate in any sale of appraisal or brokerage because of a handicap, race, sex, national origin, religion or familial status.
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This intel was contributed by Howard
Howard
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May, 2012
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