Tenant Rights

My little brother and his fiancée, both 21 years old and residing in Florida, rented their first home in July. The lease was signed that month, and they officially moved in on August 10th. Despite moving in mid-August, the landlord charged them for the full month. As first-time renters, they assumed this was standard practice.

Shortly after moving in, the landlord began frequently entering the home to “inspect” the property. During these inspections, she would go through their personal belongings, including drawers, cabinets, and closets, which they found highly inappropriate.

During their tenancy, my brother’s fiancée lost her job, and they considered applying for government assistance while she searched for new employment. However, their lease explicitly prohibited them from applying for any form of government aid, including insurance, financial assistance, or food stamps. Unaware of rental laws, they initially accepted this clause.

Upon further investigation, I discovered that the landlord is claiming a homestead exemption on the property, despite not residing there. This appears to be the reason for her restriction on government assistance, as it would expose her homestead fraud. Additionally, I found that the property had been illegally converted into two separate units without proper permits. My brother is currently renting one side (a 1-bedroom, 1-bathroom unit) for $1,700 per month, while his soon to be in-laws are renting the other side (a 2-bedroom, 1-bathroom unit) for $2,500 per month.

There are also significant safety concerns with the property, such as electrical issues and electrical panels located inside closets behind their clothing. These conditions are not only unsafe but likely violate local building codes. We reported the landlord to the property appraiser’s office for homestead fraud and to the county for unpermitted construction and the illegal division of the single-family home.

Given these circumstances, we are trying to determine whether my brother and his fiancée have legal grounds to recoup any of the rent they have paid. Since the landlord illegally converted the property, collected rent from an unapproved dwelling, and included unenforceable clauses in the lease, we are also questioning whether the lease itself could be deemed null and void.