Tag: Florida Property Management Lawyers

Nothing is perhaps more effective in ensuring that there is a smooth relationship between landlords and tenants than carefully drafting and negotiating the contract that governs that relationship and the rights that each party has.

One of those terms includes the terms of “enjoyment” covenant, also known as a covenant of quiet enjoyment. This aspect of the lease refers to what extent the tenant and/or landlord is able to possess the premises in peace without disturbance by others. In other words, it’s the right to undisturbed use, and if it isn’t expressly spelled out with the specifics in the lease, it is automatically implied by the courts. This means that if the landlord “interferes” with this quiet enjoyment in any way, this can provide the tenant with the right to withhold rent and, in some circumstances, even terminate the lease itself.

One thing you will notice is that, even though this covenant is implied, it is usually written into every lease. This is because both parties (landlord and tenant) always retain the right to modify the condition and enforcement of this covenant by the tenant. Thus, when it does appear in a lease, its purpose is typically to restrict the conditions of the tenant’s rights. While this typically looks like language referring to a tenant’s requirement to pay rent and perform all of their lease operations before they enjoy quiet enjoyment against the landlord, contract law actually allows for two parties to contract to pretty much anything as long as it’s legal; thus, a landlord has a significant amount of leeway in building flexibility into this provision in the lease if need be.

Anyone who’s lived in Florida knows that we go through a “state of emergency” from time to time, either due to heavy rains, tropical storms, hurricanes, or other natural disasters. When there are events which give rise to property damage, this will inevitably lead to insurance disputes, as upkeep and welfare issues arise with respect to all of the various types of damage these disasters can bring.

With the number of condominiums and homeowners associations on the rise in the Sunshine State, inevitably, questions come up concerning whose responsibility it is to ensure that property and people are protected when these disasters occur. In that respect, it can be helpful for association boards to make it clear to residents, beforehand, what their responsibilities are with respect to their authority under the law.

The Law in Florida

Homeowners and condominium associations are provided with a certain amount of powers and protections under Florida laws. For example, under the Florida Condominium Act, the board of administration—in response to damage caused by an event for which a state of emergency is declared—may partake in activities necessary to protect the health, safety, and welfare of the association and mitigate any further damage, such as conduct board meetings, name assistant officers, enter into agreements with local counties and municipalities and/or contracts for items or services, implement a disaster plan, require evacuation, and engage in other necessary activities to protect the property and its residents.