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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: If I paid the tenant the reminder of the lease to buy them out can they still reject the offer?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2022

Copy your original question and these conversations and paste to an email and send them to me at

bammab1@gmail.com

1 Answer | Asked in Landlord - Tenant for Florida on
Q: As far as buying the tenant out would that be the remainder of the months owed x the rent or a negotiated amount/offer?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2022

Whatever the tenant accepts, up to the max.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am looking to sell my condo but currently a tenant resides on the property on a lease until Jan. 23 any loopholes?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2022

No. Whoever you sell the condo to will have to allow the current tenant(s) to finish out the lease--unless you or the new owner get together and buy the tenant out.

FYI: Many tenants are not married to the place they rent and will consider reasonable offers to give them the money they need...
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: We are selling a trailer and the park office has flagged our potential buyer for no credit asking 2 years rent upfront.

What is our recourse?

Barbara Billiot Stage
Barbara Billiot Stage answered on May 9, 2022

The park owner is not required to allow someone to move in because they are credit risk. You would need to find a new buyer if the buyer is not willing to prepay the rent.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on
Q: If I have a house on a canal or body of water what legal concerns come with renting out my dock for boaters to rent?

Do I have rights to rent my dock since I don't "own the water"? What happens if they crash into my dock? Any legal concerns or suits that can be brought against me as the dock owner?

Jane Kim
Jane Kim answered on May 8, 2022

If they crash into your dock, you'd have a lawsuit against them.

If someone drowns and the heirs may blame you for poor maintenance of the dock.

Here is a good resource as to what you'd need to establish lease terms, responsibilities, disclaimers and protections:...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Eviction of a room without lease. Tenant refuses to leave.

I live in Florida and I rent out a room. I have given tenant a 30 day notice eviction. They refuse to leave, it is 5 days past the 30. It is not due to rent payment, is due to the way she acts. I told her I do not want payment for the last month. After that month she was given to leave she is still... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 6, 2022

You file suit to evict her.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Contract rental law for condos-I signed a 2 year lease by the landlords mistake it says 6/2021-5/2023.

The written wording says 12 months. He wants to raise the rent after one year, more than 5% without 60 days notice-but it looks like I might have a two year lease, all this hold up in a court of law?

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 29, 2022

A lawyer would have to read the lease agreement to see how it is written. Generally, when there are conflicting terms in a contract, a court will interpret it in favor of the person who did not draft it but not always. The court will also allow evidence other than the agreement to be introduced... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hello, I have a signed condo contract through 9/21/22. My landlord sold the property and has told me I have 5 weeks???

To move out.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 28, 2022

If you have a written lease for the condo any new owner has to honor the terms of the lease, and so do you.

2 Answers | Asked in Divorce and Landlord - Tenant for Florida on
Q: I received a letter about an unlawful detainer but i'm not too sure what it means.

The letter states:

"I am writing to inform you that i am revoking my consent for you to live in, or use, the property at *Address*. Therefore on or before May 9 2022 or 15 days from the date of this notice, You are hereby notified to vacate the premises. Since there is no rental or... Read more »

Mr Eric Klein
Mr Eric Klein answered on Apr 27, 2022

Think of an unlawful detainer as an eviction. An unlawful detainer action is brought against someone living on the premises where there is or was a relationship between the person who owns or rents the property and the person that they are in a relationship with. It could be a boyfriend/girlfriend,... Read more »

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2 Answers | Asked in Divorce and Landlord - Tenant for Florida on
Q: I received a letter about an unlawful detainer but i'm not too sure what it means.

The letter states:

"I am writing to inform you that i am revoking my consent for you to live in, or use, the property at *Address*. Therefore on or before May 9 2022 or 15 days from the date of this notice, You are hereby notified to vacate the premises. Since there is no rental or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 27, 2022

It means that you will be sued on or about May 9th, if you haven't vacated the premises by then.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Tree fall down on my garage.dose not belongs to me on fire department side of the fence.
Barry W. Kaufman
Barry W. Kaufman answered on Apr 22, 2022

It's the city's job to remove the tree and repair your garage. Contact your insurance company.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a rent to own contact.all pay up.landowner will not sign the deed over to me
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 19, 2022

You will have to hire a lawyer familiar with "rent-to-own" leases to help you find out why the owner refuses to transfer the deed.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my land lord walk up to my door and tell the police they can come in & search cause it's her property?

We have no lease. She has cut our power to the room we rent off and will not let us have access to the bathroom to shower or anything associated with the bathroom.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 14, 2022

Your post has two different issues.

1) Evidently you rent a room in her home. If she won't let you use the bathroom or electricity, you really need to find another place to live.

2) If she tells the police they may search her premises and fails to inform them that you have...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a land lord put a tenant on a year lease with a clause that after 6 months he has the right to increase the rent ?

is it legal ? secondly can I demand a clause for breaking lease with notification without paying penalty ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 13, 2022

Answer to your first question: Yes.

A "landlord" is called that because they are the lord who controls the land. That means they get to decide all the terms of all written leases for all the land they lord over. A landlord's lease can provide for an automatic rent increase...
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2 Answers | Asked in Family Law and Landlord - Tenant for Florida on
Q: Can my landlord evict us when we have a renewal clause in our lease?

My landlord claims that we are on a month to month because we never physically signed a new lease, but we have a renewal clause in our lease that says that our lease automatically renews every 12 month period for up for 5 years unless either party sends a 60 days notice through certified mail... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 8, 2022

Whoever bought the house took it with the written lease attached to it. So if your written lease automatically renews you are in a great position here. If the new owner wants you out they might want to buy you out.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: letter to impose a claim against my security deposit still in mail. Does 15 days start from time they sent it?

Letter was sent more than 15 days ago according to tracking number. I'm supposed to respond to the landlord's letter within 15 days

Jane Kim
Jane Kim answered on Apr 7, 2022

From the date you receive it.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: H I rent month to month no signed lease.my landlord has given me notice 2 moths ago that he wants to move back In.
Barry W. Kaufman
Barry W. Kaufman answered on Mar 27, 2022

Yes, he needs to give you at least 15 days notice. He gave you 60. You need to move.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can renters discriminate against some one who has been out of jail/ prison for over 10 years.

We were approved to get the house but they said no to stuff that happened over 10 years ago. I feel its unfair. Why are we still being punished for stuff we did as kids? HELP

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 24, 2022

Private individuals, such as renters, can (as opposed to governments) discriminate all they want, with certain exceptions that don't apply.

2 Answers | Asked in Personal Injury, Real Estate Law, Civil Litigation and Landlord - Tenant for Florida on
Q: I have an older property in Airbnb and a guest staying there fell through to the next level when a step gave way

No injuries and I paid the guest $300 and had it fixed within a couple hours. They said they are not suing. The guest is checking out early and wants $300 more because of what almost happened which was he was almost holding his daughter who was at the top of the stairs. Obviously no one expected... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 18, 2022

In all likelihood, they have no case if an injury didn't occur. But you should immediately contact your insurance carrier.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I am currently renting a house in florida. My landlord wants to bring in people to look at the house. Can i refuse?

I don’t feel comfortable with random people coming into my home where i’m renting to look around.

I have multiple kids and work full time and do not have the time to be setting my home up for a viewing.

Can i refuse having him bring people in?

Also one of my children... Read more »

Michael  Mayoral
Michael Mayoral answered on Mar 16, 2022

Review your lease to see what it says about the landlord having access to the unit for that purpose and how much notice they need to give you.

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