Florida Law 83.67 Prohbitied Practices Landlord/Tenant


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How do you best protect yourself when searching for a rental?

Avoid being scammed when using classifieds and other resources for rental properties…

Based on the housing market and other factors renting has become, in a lot of cases, preferential to purchasing a home. Just as in any other area of life when demand is up so are the prices. This leads tenants to searching for properties on every resource available including free sites that have little to no regulation. This can lead to problems such as properties being rented by persons who do not have title to the property or who are unauthorized by the current owner. What happens when you find out the home you are renting is in foreclosure? Or when, your Landlord does not have legal rights allowing him or her to collect rent on the property?

The obvious answer is to deal only with licensed professionals and hire an attorney. However, we know that isn’t always feasible. A few suggestions that all potential renters should do are:

  • Check the Clerk of Court website for the county the rental residence is in. There are extensive public records on these websites where potential tenants can search either by name or sometimes address to check if the potential rental is in foreclosure.
  • Go to the county property appraiser website and check to make sure the person you are renting from is in fact the owner of the property. You can usually enter information based on the property address or owner.
  • Get a copy of the driver’s license of the person renting you the property and make sure it is valid. They get all of your personal information, why not get a little bit of theirs so that you know they are who they say they are.

Doing the abovementioned suggestions might just prevent months of chaos and turmoil. Most rental properties require a significant amount of money to move in. Giving that money to the wrong person may mean that you are not receiving what you are bargaining for.

Caveat Emptor, Caveat Venditor. Let the buyer beware, let the seller beware.

It is usually legal to rent a residence that is in foreclosure. A potential landlord is probably not even required to tell you, a prospective tenant, that the property is in foreclosure. However, this may mean that the terms of an agreed upon lease will mean nothing if the home is sold to another owner during your tenancy. If you entered into your lease after the foreclosure was filed you might not get any notice of the ongoing foreclosure. This can very often mean very little notice that an eminent eviction is occurring leaving tenants scrambling for housing. By simply doing the suggestions above you will lessen your chances of renting a home that is in foreclosure.


Get a Consultation

If you are the victim of a rental scam, contact Palmetto Law, PA by calling toll-free at 855-529-7256 to arrange a consultation regarding your situation.

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In Conclusion

These tips are not the only things you can do as a Florida tenant to protect yourself in the rental process. Using a licensed real estate agent can be a benefit, as is using your own intuition about a situation or person, along with hiring an attorney to review any contracts you enter into. The internet is a vast resource and you can find out all sorts of information simply using a search engine. As a Florida consumer do your due diligence.

If you have been defrauded in the renting of a property you could potentially have a cause of action against the party or parties that perpetrated the fraud. Contact us today to set up a consultation or simply reach out to us through our online portal.