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40 verbatim requirements from document (unlisted) [unlisted] cds_lth.
20th Judicial Circuit. Procedural information only; not legal advice.
Verbatim from https://www.ca.cjis20.org/pdf/cds_lth.pdf, harvested 2026-07-25; whitespace normalised only. • Included in this booklet are sections outlining the obligations that both the tenant and landlord must meet when they enter into a rental agreement, as well as the remedies that may be taken if the rental agreement is broken by either party. • Such a clause must be determined to be “unconscionable” by a court of law and usually refers to a provision within the rental agreement that is so unfair that it shocks the court. • If the rental agreement provided by the landlord specifies that attorney’s fees must be awarded to the landlord for any action neces- sary to enforce the agreement, the tenant may also be allowed attor- ney’s fees if the tenant prevails in any action by or against the landlord. • Certain facts must be disclosed by the landlord to the tenant when beginning tenancy in a dwelling unit. • The landlord, or a person authorized to enter into a rental agreement on the landlord’s behalf, must disclose in writing to the tenant at or before the commencement of the tenancy the name and address of the landlord or the landlord’s agent. • Citizen Dispute Settlement ProgramPage 2 address of this person change, the tenant must be notified. • Whenever money is given by a tenant as a security deposit or as advance rent for other than the next immediate rental period (for example, last month’s rent), the landlord is required to hold that money in a separate non-interest-bearing or interest-bearing account in a • If the money is held in an interest-bearing account, the tenant is entitled to interest in an amount of at least 75% of the annualized average interest rate payable on the account or interest at the rate of 5% per year, simple interest, whichever the landlord chooses. • In the alternative to depositing the money in a non-interest- bearing or interest-bearing account, the landlord has the option of posting a surety bond.* If the landlord chooses to post a surety bond, the landlord shall pay the tenant interest at the rate of 5% per year, simple interest. • Within 30 days of receipt of a security deposit or advance rent, the landlord must notify the tenant in writing of the manner in which the money is being held, the rate of interest (if any) which the tenant is to receive, and the time at which interest payments (if any) are to be paid to the tenant. • Such written notice must be given in person or by mail to the tenant, must state the name and address of the depository where the money is being held, and must state whether the money is being held in a separate account for the benefit of the tenant or is commin- gled with other funds of the landlord, and if commingled, whether such funds are deposited in an interest-bearing account in a Florida banking institution. • In addition, the landlord must also include with the written notice a copy of subsection (3) of Fla. • If the landlord later changes the manner or location in which the security deposit or advance rent is being held, the landlord must notify the tenant in writing within 30 days of the change and must provide the same information as set forth above. • Furthermore, it should be noted that these notice requirements do not apply to landlords who rent fewer than 5 individual dwelling units. • The notice must be given by certified mail to the tenant’s last known address and must be substantially in the following form: • You are hereby notified that you must object in writing to the deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. • Unless the tenant objects to the imposition of the landlord’s claim on the security deposit within 15 days after receipt of the land- -- 11 of 48 -- • Citizen Dispute Settlement ProgramPage 4 lord’s notice, the landlord may then deduct the amount of the claim and remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim. • Many rental agreements, particularly those that are oral, do not specifically provide for the length or duration of the tenancy. • For the purpose of making repairs, the landlord may enter the unit upon reasonable notice to the tenant (at least 12 hours prior to entry) and at a reasonable time (between the hours of 7:30 a.m. and 8:00 p.m.). • Alter- nately, the tenant may vacate the part of the premises rendered unusable by the damage, in which case the tenant’s liability for rent shall be reduced by the fair rental value of that part of the premises which has been damaged or destroyed. • Stat. '83.51 states that, for dwelling units other than a single family home or duplex, and unless otherwise agreed in writing, the landlord must make reasonable provisions for: • Subsection (2) also requires that, unless otherwise agreed in writing, the landlord of a single-family home or duplex must install working smoke detection devices. -- 14 of 48 -- • It should be noted that even though the landlord is required to provide the above services, there is nothing, which prohibits the landlord from including in the rental agreement a provision requiring that the tenant pay the costs or charges for garbage removal, water, fuel, or utilities. • Citizen Dispute Settlement ProgramPage 8 materially fails to come into compliance within 7 days after delivery of the written notice, the tenant may then terminate the rental agreement. • Citizen Dispute Settlement Program Page 9 middle of January, the tenant must not pay rent for the follow- ing month (February) if the tenant is going to take remedial actions to rectify the noncompliance on the part of the land- lord. • The tenant may not simply withhold rent for unspeci- fied reasons. • Even though claims for money may be submitted to the small claims court, an action asking that the court order the other party to do something or cease doing something generally must be submitted to the circuit court. • Stat. '83.51, which states that the landlord must maintain the plumbing in reasonable working condition, and also could be in conflict where local codes require that the landlord maintain plumbing in reasonable working condition. • If the tenant materially fails to come into compliance within 7 days after delivery of the written notice, then the landlord may terminate the rental agreement. • If the landlord wants to evict a tenant based upon the tenant’s failure to comply with the terms of the rental agreement or failure to pay rent, the landlord must first provide the tenant with written notice. • If the tenant’s noncompliance is of a nature that the tenant should not be given an opportunity to cure (for example, destruction, damage, or misuse of property, continued unreasonable disturbances, or continued noncompliance), the landlord may terminate the lease, but must give the tenant 7 days written notice to vacate the premises. • If the tenant’s noncompliance is of a nature that the tenant should be given the opportunity to cure (for example, unauthorized pets, guests, or vehicle, or failing to keep the premises clean and sanitary), the landlord must give the tenant 7 days written notice to remedy the noncompliance before the lease can be deemed terminated. • If the tenant fails to pay rent on time or within 3 days of the due date (excluding weekends and legal holidays), the landlord must give the tenant 3 days written notice (excluding weekends and legal holi- days) to pay the past due rent before the lease can be deemed termi- nated. • If the eviction is for one of the reasons for which the law requires the landlord to give the tenant notice, a copy of the notice must be attached to the complaint. • If the tenant asserts any defense other than payment, the tenant must also pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court. • The sheriff must give the tenant 24-hours notice before actually carrying out such physical removal, and the notice must be conspicuously posted on the premises. • In sum, when the landlord gives a tenant written notice to vacate, that does not necessarily mean that the tenant must vacate the premises within that time. • If the landlord sends a tenant written notice, such notice must be by mailing or delivery of a true copy or, if the tenant is absent from his or her last or usual place of residence, by leaving a copy thereof at the residence. • In the case of intent to impose a claim on the tenant’s security deposit, notice must be by certified mail.
Included in this booklet are sections outlining the obligations that both the tenant and landlord must meet when they enter into a rental agreement, as well as the remedies that may be taken if the rental agreement is broken by either party.
Reviewer note: Order PDF sha256: 60ad8a6b97f88da03d568edd0a7e1cb405011c85b74518b9a62e3432a42a0e78. Extracted from the order's own text layer.
Judge Bell caps motions and responses at 5 pages for UMC hearings and 12 pages for special-set hearings.
Judge Alijewicz requires every motion for attorney's fees and/or costs to attach a document detailing time records — no records, no fee award.
Judge Corlew bars informal contact: every communication with the Court must be in writing, filed with the Clerk, with copies furnished to all parties — and no calls to the JA to schedule or cancel UMC.