article by Edward Johnson, October 2011

When you rent a house or apartment to another person, you enter into a legal contract known as a landlord-tenant relationship. This contract has certain basic conditions set by law that you should understand before you enter into this type of agreement.

As a landlord, you have the right to receive rent for the use of your property. You also have the right to have your property returned to you undamaged at the end of the rental agreement. It should be returned in the same condition it was received, except for normal wear and tear. In exchange for these rights, it is your responsibility to provide a home that is habitable and to make repairs when needed. You must also equip the residence with a properly working smoke detector and provide the initial set of batteries if it is battery operated.

It is your duty as a landlord to respect your tenant’s rights. These rights include the right of peaceful possession. By renting your property to the tenant, you give that tenant the possession and use of your property free from interference. That means that you may not enter frequently, at odd hours, without a legitimate reason, or without notice. You typically have the right to protect your property through reasonable inspection to make repairs and to show the property to possible buyers. You must give at least 24 hours notice of your intent to enter unless the tenant has asked in writing for repairs within the last seven days or there is an emergency.

As a landlord, you are responsible for observing federal, state and local laws when it comes to the use and condition of the property.

When you rent your property to someone, you must give him or her your name and address or the name and address of your authorized manager. You cannot discriminate against a tenant for having children, for being disabled, or for any other illegal reason. Some of the additional reasons include: a tenant’s successful defense against the grounds for a past landlord’s attempt to evict him or her; the tenant’s having been the victim of a domestic violence or sexual assault or stalking crime; the tenant’s religion, or race or ethnic background. In some locations, it is unlawful to treat differently people who are aged or who are not heterosexual.

You may not retaliate against a tenant by raising the rent, shutting off utilities, or trying to evict the tenant because he or she complained to you or a public agency about habitability conditions, discrimination or other violations of the law, or because the tenant joined or organized a tenants’ union or organization. You cannot lock a tenant out. The only exception to this prohibition occurs when a tenant who can demonstrate she or he has been the victim of domestic violence, stalking, or sexual assault asks to have the perpetrator tenant locked out of the unit where the victim of the crime continues to live.

Steven W. Hair focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor and Safety Harbor.

For more information, visit our website at www.familylawclearwater.com

Or call (727) 726-0797

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Effective January 1, 2011, there are some significant changes to the child support statute (Section 61.30, Florida Statutes).  The most far reaching may be the change in the definition of “substantial time sharing” from 40% of the childrens overnights per year to 20% of the overnights per year.  This will likely result in a reduction in the child support obligations of most non-custodial parents based upon their having relatively routine time-sharing with the children.

In order for a parent to meet the 20% threshhold, he (or she) would have to have the children for only 73 overnights per year.  This would include not only normal weekday/weekend time-sharing, but also holiday and summer nights.  A parent who currently has the children only every other weekend from friday evening until monday morning would have a minimum of 78 nights.  Add to that Winter Holiday, Spring Break and Summer vacation overnights and that parent would now be entitled to a substantial break in his/her support obligation.  The more time (i.e. the higher the percentage of overnights) that a parent has the children, the greater the discount in the support obligation.

When the legislature instituted the “40% overnights” standard, the result was essentially a line-in-the-sand or battle line between parents arguing not about a schedule which met their children’s best interests, but rather a schedule which artificially affected child support.  By reducing the standard for substantial time sharing to 20%, which is very close to the traditional time-sharing schedule, perhaps the parties will be less motivated to litigate for their interests rather than their childrens.  One can only hope.

On the other hand, many custodial parents feel they do not receive enough child support as it is.  The legislature did make some accomodation by now including 100% of the child care cost in the support calculations, rather than only 75% as before.  This, of course, is of no benefit to parents of older children.

There are a number of other changes to the child support law including tax treatment, imputed income, presumptive termination of support at age 18 rather than graduation, and required findings for the automatic reduction of support as older children reach age 18.

If this may affect your situation, please call me for an appointment.

Steven W. Hair, focuses his practice as a divorce attorney, family law attorney in Clearwater, Palm Harbor, and Safety Harbor.

For more information, visit our website at www.FamilyLawClearwater.com
or call (727) 726-0797.

Legislature Creates New Alimony In Florida

            Effective July 1, 2010, the Florida legislature created a completely new form of alimony in the state.  It is called “Durational Alimony”, and is awarded for a set period of time, rather than permanently.  Unlike rehabilitative alimony, it does not require any rehabilitative plan.  It is expressly awardable in marriages in which permanent periodic alimony is not applicable, such as short-term (7 years or less) and moderate-term (greater than 7 years, but less than 17 years) marriages.  The new revised statutory provision reads as follows:

“(7)      Durational alimony may be awarded when permanent periodic alimony is inappropriate.  The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration.  An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony.  The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14.  However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.”

Steven W. Hair, divorce attorney, Clearwater, Palm Harbor, Safety Harbor

For more information, visit our website at  www.FamilyLawClearwater.com