Protecting Tenants’ Rights: Unlawful Fees under Florida Statute §83.575
In recent times, an alarming trend has emerged among landlords in Florida: the unjust imposition of fees on tenants for allegedly failing to give the required notice before vacating their premises at the end of the rental agreement. This practice, governed by Florida Statute §83.575, has become a significant concern for tenants who believe they have complied with their lease terms. As a law firm dedicated exclusively to defending the rights of tenants, we are here to shed light on this issue and offer our legal expertise.
Understanding Florida Statute §83.575
Florida Statute §83.575 outlines the conditions under which a landlord may charge a tenant for not providing adequate notice before leaving a rental property. This statute requires tenants to give notice before vacating the premises at the end of the rental agreement. However, there’s a critical aspect that landlords often overlook: they are obligated to send a reminder notice to tenants “15 days before the start of the notification period contained in the lease” and this notice must include the fees, penalties, and other charges.
The Growing Concern: Landlords’ Non-Compliance
Many landlords are skipping this essential step. They are not sending the required reminder notices to tenants, yet are quick to impose fees for non-compliance with the notice requirement. This practice not only breaches the statute, but it also puts tenants at an unfair disadvantage. Without the reminder (or a discreet reminder buried in other communications), tenants may inadvertently fail to provide the required notice, leading to unjust financial penalties. In the wider context, there is movement towards enacting more legislation to combat what the Federal Trade Commission (FTC) terms as “Junk Fees.” Recently, the FTC Proposed Rule to Ban Junk Fees. Junk Fees are unnecessary or excessively high charges that provide no substantial benefit to the consumer, and the growing scrutiny of such fees reflects a broader effort to protect consumers, including tenants, from exploitative practices. Our firm is pursuing claims to protect consumers from these predatory practices.
Your Rights as a Tenant
As a tenant, you are protected under Florida law from improper charges and Junk Fees. If your landlord has charged you a fee under these circumstances, you may have a valid legal claim. For example, if your landlord failed to send the required reminder notice with the proper language, they might not be entitled to charge you these fees. In addition, if you bring a lawsuit succesfully challenging those fees, a landlord may be required to pay your attorney’s fees.
How We Can Help
Our law firm specializes in tenant law and is committed to protecting your rights. If you’ve been unfairly charged a fee upon moving out, we are here to help. Our team of experienced attorneys understands the nuances of Florida’s tenant laws and is prepared to advocate on your behalf. Our office evaluates notices and invoices from landlords to determine if those fees are Junk Fees and are improper.
Take Action Now
If you have received a bill from your landlord that includes excessive fees, especially upon moving out, please:
- Gather Documentation: Collect all relevant documents, including your lease agreement, any correspondence with your landlord, and proof of any fees charged.
- Contact Us: Reach out to our office for a consultation. Our attorneys will review your case, advise you on your legal options, and strategize the best course of action.
- Stay Informed: Educate yourself about your rights as a tenant. Knowledge is power, and understanding your legal rights is crucial in combating unfair practices.
Conclusion
Tenant rights are a cornerstone of our legal system, and it’s essential that these rights are respected and upheld. If you believe you’ve been wrongfully charged under Florida Statute §83.575, don’t hesitate to seek legal assistance. Our law firm is here to support you every step of the way.
Contact us today to ensure your rights are protected.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal advice, please consult with an attorney.