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Under Florida law renting property comes with legal obligations for the landlord and the tenant. 

The Naples Daily News reported on June 29, 2015 on the wrongful death lawsuit filed by the family of  Steven Leonard, 32, in February, 2015. Mr. Leonard died after a fire started below his second-story loft apartment at 1078 Fifth Avenue S. in Naples, Florida. The Leonard family lawsuit claimed one smoke detector in Mr. Leonard’s apartment was not connected to electricity and did not have a backup battery.  A second smoke detector contained a battery that expired in 2006.

According to PR Newswire, as of 2015 the Florida Building Codes require landlords to install 10-year sealed battery smoke alarms. This will, hopefully, reduce fire deaths in Florida. There were 114 fire deaths in 2014, and at the current rate, the 2015 number looks like it will be higher.

The Florida Residential Landlord Tenant Act covers tenant rights and responsibilities. (If a tenant is in a federally-subsidized dwelling, he/she is protected by federal law as well.)  The Florida Bar says written leases should be reviewed carefully as they could affect a tenant's rights; however, the Florida Residential Landlord Tenant Act would take precedence over written leases. Whether or not there is a written lease, there are rights and responsibilities for tenants and landlords.

What are tenant's rights and responsibilities?

Rights: According to the Florida Bar, "A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant's to lawfully use." The dwelling must be fit to be lived in with working plumbing, hot water and heating, be structurally sound and have reasonable security, including working and locking doors and windows. It must also be free of pests and be in compliance with local health, building and safety codes. 

Responsibilities: A tenant must pay the agreed-upon rent on time as specified in the signed lease. The tenant must also comply with building, housing and health codes and maintain the dwelling without damage other than normal wear and tear. He/she must keep the dwelling clean and maintain the plumbing.  A tenant must not violate laws and must keep the peace and be responsible for his/her guests.

What are landlord's rights and responsibilities?

Rights: Florida law says a landlord has the right to receive rent, and to have his/her property returned in the same condition as it was when it was rented, with the exception of normal wear and tear. A landlord also has the right to protect his/her property by inspecting the property at reasonable times and with notice.

Responsibilities:  Landlords have the duty to provide a residence that meets all housing code requirements, to make reasonable repairs when necessary, and to respect tenant's rights and not interfere. Under premises liability, landlords have a legal obligation to use due care for the safety of tenants and their guests by keeping the areas of the property under their control in a reasonably safe condition and good repair.  

What is wrongful death?

Wrongful death lawsuits are filed when there is a death of a human being because of a wrongful (negligent) act of another person whether intentional or unintentional.

What types of damages can be pursued in a wrongful death claim?

Under Florida Statute Section 768.21, Florida's Wrongful Death Act provides special protections for family members who have lost loved ones as the result of the negligence of another.

Surviving family members may receive the following types of damages:

• The value of support and services the deceased person had provided to the surviving family member.
• Compensation for the loss of companionship, guidance, and protection provided by the deceased person.
• Compensation for mental and emotional pain and suffering due to the loss of a child.
• Medical or funeral expenses any surviving family member has paid for the deceased person.

The deceased person's estate may also recover certain types of damages. These include:

• Lost wages, benefits, and other earnings, including the value of lost earnings that the deceased person could reasonably have been expected to make if he or she had lived.
• Lost "prospective net accumulations" of the estate, or the value of earnings the estate could reasonably have been expected to collect if the deceased person had lived, and medical and funeral expenses that were paid by the estate directly.

"There is a statute of limitations when it comes to wrongful death lawsuits in Florida. That statute of limitation is a deadline within which to file a lawsuit," said Fort Myers Wrongful Death Attorney, Randall Spivey of Spivey Law Firm, Personal Injury Attorneys, P.A. "It is important to contact us soon after the event in order to preserve your rights."

Fort Myers Wrongful Death Attorney Randall L. Spivey is a Board Certified Trial Attorney – the highest recognition for competence bestowed by the Florida Bar and a distinction earned by just one (1%) percent of Florida attorneys.  He has handled over 2,000 personal injury and wrongful death cases throughout Florida.  For a free and confidential consultation to discuss your legal rights, contact the Spivey Law Firm, Personal Injury Attorneys, P.A., in Lee County at 239.337.7483 or toll free at 1.888.477.4839,or by email to Randall@SpiveyLaw.com.  Visit SpiveyLaw.com for more information.  You can contact Spivey Law Firm, Personal Injury Attorneys, P.A.in Charlotte County at 941.764.7748 and in Collier County 239.793.7748.