Residential Lease For Single-Family Home Or Duplex Florida: Fill & Download for Free

A tenant cannot withhold rent payments unless without the repair the rental becomes untenantable, see example of Florida statute, excerpt:Nonresidential Tenancy83.201 Notice to landlord of failure to maintain or repair, rendering premises wholly untenantable; right to withhold rent.—When the lease is silent on the procedure to be followed to effect repair or maintenance and the payment of rent relating thereto, yet affirmatively and expressly places the obligation for same upon the landlord, and the landlord has failed or refused to do so, rendering the leased premises wholly untenantable, the tenant may withhold rent after notice to the landlord. The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3), with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed. The lease may provide for a longer period of time for repair or maintenance. Once the landlord has completed the repair or maintenance, the tenant shall pay the landlord the amounts of rent withheld. If the landlord does not complete the repair or maintenance in the allotted time, the parties may extend the time by written agreement or the tenant may abandon the premises, retain the amounts of rent withheld, terminate the lease, and avoid any liability for future rent or charges under the lease. This section is cumulative to other existing remedies, and this section does not prevent any tenant from exercising his or her other remedies.History.—s. 2, ch. 93-70; s. 438, ch. 95-147.Residential Tenancy83.51 Landlord’s obligation to maintain premises.—(1) The landlord at all times during the tenancy shall:(a) Comply with the requirements of applicable building, housing, and health codes; or(b) Where there are no applicable building, housing, or health codes, maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repair and capable of resisting normal forces and loads and the plumbing in reasonable working condition. The landlord, at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.The landlord is not required to maintain a mobile home or other structure owned by the tenant. The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex.(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. When vacation of the premises is required for such extermination, the landlord is not liable for damages but shall abate the rent. The tenant must temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination pursuant to this subparagraph.2. Locks and keys.3. The clean and safe condition of common areas.4. Garbage removal and outside receptacles therefor.5. Functioning facilities for heat during winter, running water, and hot water.(b) Unless otherwise agreed in writing, at the commencement of the tenancy of a single-family home or duplex, the landlord shall install working smoke detection devices. As used in this paragraph, the term “smoke detection device” means an electrical or battery-operated device which detects visible or invisible particles of combustion and which is listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or any other nationally recognized testing laboratory using nationally accepted testing standards.(c) Nothing in this part authorizes the tenant to raise a noncompliance by the landlord with this subsection as a defense to an action for possession under s. 83.59.(d) This subsection shall not apply to a mobile home owned by a tenant.(e) Nothing contained in this subsection prohibits the landlord from providing in the rental agreement that the tenant is obligated to pay costs or charges for garbage removal, water, fuel, or utilities.(3) If the duty imposed by subsection (1) is the same or greater than any duty imposed by subsection (2), the landlord’s duty is determined by subsection (1).(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant’s family, or other person on the premises with the tenant’s consent.History.—s. 2, ch. 73-330; s. 22, ch. 82-66; s. 4, ch. 87-195; s. 1, ch. 90-133; s. 3, ch. 93-255; s. 444, ch. 95-147; s. 8, ch. 97-95; s. 6, ch. 2013-136.

Think of it this way - you are the CEO of your life.Any CEO, particularly of a startup or small company, needs to personally know how to perform the jobs which are critical to making your particular company succeed. For instance, if you start a technology company and you do not absolutely understand the technology involved with your company, you cannot be the CEO. If your company consumes capital at a rapid pace and you do not understand how to raise capital and / or present super well to investors/banks, you cannot be the CEO.So you need to look at your personal financial statement and figure out how important investing your cash is in equities/bonds/ ETFs or other publically traded instruments. This all presupposes that you are generating positive cash flow greater than that required to pay off the entirety of your debts, which should be your number one priority since the tax laws are increasingly oriented away from tax deductibility unless you are a professional investor. Even then, never - ever - take on debt which you must personally guarantee - that is the mark of a non-professional investor.No one goes bankrupt with too much cash on hand unless they are leveraged. If you insist on becoming personally leveraged, take up residence in the few states which allow you to retain your home while going bankrupt (such as Texas and Florida) so that you can pay cash for those and keep some assets after leveraging yourself because markets always turn when you can least afford it.At that point, figure out what to do with your excess cash flow. The most important issue you face is how much time in a week do you have to devote to this task? Clearly you are doing something quite valuable professionally which is generating this excess cash flow.Is your professional activity predictable and sustainable - i.e. will this excess cash flow continue or grow over the next five, ten, fifteen, twenty, twenty-five, thirty years?Deep down, would you attribute some or most of the financial upside of your professional activity to serendipity (ego aside) which might not be sustainable or replicable?If you changed your life significantly, such as adding a life partner, munchkins, living overseas, etc., would your professional earnings suffer? Earnings often suffer for women who, for whatever reason, feel compelled to take on the primary caregiver role for their own munchkins (life ain’t fair particularly with child-rearing).You may find that your professional earnings are, by far, the best return on your time, far exceeding any return you could realistically make in any reasonable publically-traded asset class for the moment. That is even truer when risk-adjusted for potential market movements which virtually no financial advisor hedges against (bonds do not hedge against stocks contrary to popular wisdom) - hedges are specific instruments which actually move significantly opposite to dramatic market movements.Professional investors actually use hedges - that includes Warren Buffet. Do not confuse Professional Investors with “financial advisors” - Professional Investors are normally the folks who charge you 2% annually plus 20% to 30% of annual gains or some equivalent performance fee. Exceptions occur such as Buffet whose stock anyone can by - it is not very liquid (meaning it does not trade a lot) because people who buy it tend to hold on to it for a very long time.The single biggest problem that anyone runs into with investing is losing your capital. That is the 1st, 2nd and 3rd rule of investing - don’t lose principal.You cannot lose cash, except to inflation, which is what money-market funds like GE (now Goldman Saks) were made for - a simple place to “hedge” against most of the inflation impact while you wait for very good opportunities.For most people, I would argue that accumulating cash safely and focusing on your career is the smartest thing to do. If you decide to invest - pick one asset class that you will absolutely enjoy, win or lose (and I mean money - if you make a million or lose a million, you should totally enjoy the ride because the process is everything).Once you convert from cash to becoming an Investor, you need to mentally decide to become a Professional Investor in that asset class - that is a serious commitment because Investing is a Zero-Sum Business - like Gambling, the House (i.e. The Winning Professional Investors) make their money primarily from the Losers (oftentimes the Amateurs including Financial Advisor Clients). So whichDoes one Asset Class make more sense for you? Some people have been trading stocks or derivatives since they were teenagers (i.e. Warren Buffet). Others have real estate licenses or worked with their parents on rental properties (i.e. Donald Trump). Still, others marry into a particular asset class (i.e. Melinda Gates).Some people have a difficult time understanding the trading dynamics of stocks and especially derivatives, partially because global computer programs in various markets worldwide drive a large percentage of stock movement making the decisions of any one individual very difficult. Those with an engineering, physics or mathematics background may actually find this situation to be an interesting challenge.Anyone with cash made out like bandits in the last market crash - regardless of asset classes because all of the assets classes fell into the toilet globally. Dartboards did well in the following rising market. There have been articles around the globe recently discussing the difficulties of finding risk-adjusted returns even at 4.5% in Europe (a requirement of many pension funds). That’s quite difficult when the European Central Bank rates are negative.The Residential Real Estate Asset Class in mainland Europe is quite different than in the US. Over there, homeowners cannot vacate home equity loans through bankruptcy - those loans follow them for their entire life - seriously. Yet, the bank can foreclose on the residential property and resell it at a lower price to a new homeowner then simply go after the old homeowner for the difference between the original and new price even through bankruptcy until the original owner dies - like US government-guaranteed student loans.If you don’t have any preferences, some people argue that Real Estate is one of the simplest for the average person to wrap their brain and brawn around - certainly Ellen DeGeneres believes this. There are a few things to remember if you get into real estate - if the s_it hits the fan, and you are sitting on rental income propertyIs the tenant going to actually pay the rent or will they realistically default?What happens to you if they do default?How hard will it be to re-rent and how much will you have to lower the price in a recession (be honest)?How long can you afford to stay vacant and what is the worst that will happen?With that in mind, should you be buying single-tenant, duplex, quadruplex or apartment buildings?Which one is most flexible to rent/lease a downturn?Which will generate the most cash flow, be simplest to manage and sell as the market ticks up?Which can you leverage without a personal guarantee?The only person who is going to make you rich is you.If you are rich enough to hire excellent Professional Investors to run your Family Office that is an entirely different story again; those folks are not Professional Advisors. You only set up a Family Office after you are rich.Long-winded answer because there just is no simple solution for what to do with your excess cash except let it burn a hole in your pocket if you don’t like Index Funds - even then, try to learn something about deep out of the market hedges.There is nothing financially worse than waking up to a 40% loss in your Index Fund - actually, there is - but let’s say that’s the worse you will have to face as a practical matter, which you can hedge against.