Florida Consent by Tenant to Right of Way Agreement

State:
Multi-State
Control #:
US-OG-038
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a tenant on the surface of the lands to consent to a right of way granted by the landowner. It provides the tenant will be paid for any damages to the tenants crops or other property, resulting from the use of the surface, under the terms of the right of way agreement.

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FAQ

It's the government's duty to ensure drainage easement areas are properly maintained. However, they'll direct most of the maintenance responsibilities to the property owner. The easement holder will take charge of any construction and repair work needed in the area.

Per the lease agreement's conditions, proper notice must be given to avoid penalty or voiding of the contract. If there is no written agreement, the tenant can give notice of intent to leave no fewer than seven days (weekly rent payments) or 15 days (monthly rent payments).

If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

To avoid long-term issues, landlords must conduct inspections regularly. You should conduct routine checks throughout the year, every six months, or every year depending on the agreement in place with the tenant.

Florida law prohibits landlords from evicting tenants without going through the court system (self-help evictions). Your landlord can't evict you without a judge's order. And if the sheriff shows up to evict you, he also must have a court order. The only exception to this is if you have legally abandoned your place.

A common example of a right-of-way easement is one where a landowner cannot access a public road without crossing the property of another landowner. In these situations, courts will usually find a right-of-way by necessity. This allows a party to cross another's land at the closest point to a public highway.

Before a Landlord can enter, they must give the Tenant reasonable notice. Florida Statute 83.53(2) defines reasonable notice as 12 hours prior to entering. This must occur between a.m. to p.m. However, a Tenant cannot unreasonably deny the Landlord from entering. If they do, they are in violation.

Before a Landlord can enter, they must give the Tenant reasonable notice. Florida Statute 83.53(2) defines reasonable notice as 12 hours prior to entering. This must occur between a.m. to p.m. However, a Tenant cannot unreasonably deny the Landlord from entering. If they do, they are in violation.

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Florida Consent by Tenant to Right of Way Agreement