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Questions Answered by Jennifer Mantoni
1 Answer | Asked in Landlord - Tenant for Florida on
Q: If I signed a year long lease with my apartment landlord, can he sell the apartment before the year is up?

I’m in college and don’t graduate till May. My landlord is saying he might sell my apartment before then, and the new owners may make me move out. Is that legal if I signed a lease that is good till July? There is no way I’d find a place to live if I had to move out before May, so I don’t... Read more »

Jennifer Mantoni
Jennifer Mantoni answered on Jan 31, 2018

The landlord can sell the property but the new owner must take the property subject to your lease. The landlord nor the new owner can force you to leave unless a valid reason exists to terminate your tenancy. Unless there is a provision in your lease stating otherwise, your lease does not terminate... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can the landlord interfere with my private life or my girlfriends private life for no reason?

I rent alone and she comes over often, we never act out and tried to help where we could and the landlord went digging into our lives and is disrupting the peace because he questioned her neighbor (friend of his apparently, who told him she was married) and found a 3 year old application to marry... Read more »

Jennifer Mantoni
Jennifer Mantoni answered on Jan 30, 2018

If the behavior doesn’t stop you’ll need to hire a lawyer to put him on notice that his behavior is in violation of Florida law. If he threatens you or your girlfriend in any way call the police. Florida law does not permit him to simply withhold your deposit- he must have a valid reason to do... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: 3 day notice

I advised our landlord we only had some our rent one morning, they accepted it then that afternoon posted a 3 day notice which is over the amount we owe, also charging us for utilities over $300 a month when another tenant is also using them and never informed us of that, one of our windows... Read more »

Jennifer Mantoni
Jennifer Mantoni answered on Jan 24, 2018

Pay whatever you think you owe immediately. Advise your landlord in writing that the amounts on the notice are not accurate. Provide them proof of this. If they file for eviction you need to immediately respond to the complaint and deposit what amounts you think are past due into the court registry... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I was left an eviction notice on my door today. It stated it was a 7 day curable eviction

I was left an eviction notice on my door today. It stated it was a 7 day curable eviction notice saying we did not comply with a term of our lease. However, they did not give the required 12 hours notice to enter as stated they have to by florida law. What do I do considering they only want to... Read more »

Jennifer Mantoni
Jennifer Mantoni answered on Jan 23, 2018

Landlord did not necessarily have to give you 12 hours notice-it depends on why they entered the property which isn’t clear from the above and I’m sure their reason for entering would coincide with the notice they gave. I suggest taking care of the alleged violation (if it exists) so that they... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord withhold half of a security deposit for repainting? The place was left immaculate.

Owner said she wanted to sell, gave a 30 day notice. I lived there over six years, replaced the refrigerator, thermostat and kitchen faucet. There has been no lease for four years. I am 76 Years old. I only want my deposit. Thank you.

Jennifer Mantoni
Jennifer Mantoni answered on Jan 23, 2018

It depends. It would be worth a call or letter from an attorney to try and get the deposit back in full. This is especially so since you paid for other items that traditionally a tenant doesn’t pay for. It sounds as if she is wanting you to pay the cost to repaint the property in order to sell... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I accept the rent payment and move forward with eviction?

The tenant were served with eviction summons and complaint and paid rent in full the next day. I paid hundreds for the summons. Do I just lose that?

Jennifer Mantoni
Jennifer Mantoni answered on Jan 23, 2018

It depends, I really need more facts. Are they paid in full now? Did you actually accept payment? If so, how long have you had the payment? An attorney would need all the facts to advise you accordingly. You may need to renotice for the amounts past due and amend the eviction complaint (I’m not... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Ok the person who pays me is in jail he might probably be in jail for 1 year next month rent do on the 5 the girlfriend

Will not move who's name should I put on the eviction .he only paid?they said they will give him maybe 1-2 years in jail both all ways fighting.she put him in jail 5 time

Jennifer Mantoni
Jennifer Mantoni answered on Jan 21, 2018

You need to evict whomever lives in your property and/or who has a right to live in your property. Evict both of them.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord texted me today and said he needs me out by 3/1. Is this legal

We rent a private house, rent is up to date,no lease signed. We have never had any issues or problems, have been residing there for 3 yrs now.

Jennifer Mantoni
Jennifer Mantoni answered on Jan 17, 2018

If you pay rent monthly and have no lease, you have a month to month tenancy which requires the landlord to give you no less than 15 days notice prior to the end of that month. But the notice must be delivered to you in accordance with 83.56(4) Florida statute. Short answer yes, your landlord can... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Can a landlord evict us if we ask for repairs to be done? Dishwasher hasn't worked in 2 months. Now blaming us
Jennifer Mantoni
Jennifer Mantoni answered on Jan 17, 2018

No, a landlord cannot evict you for that reason as you state it and, in fact, doing so may be considered a retaliatory eviction.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Do my roommates have the ability to take us to court over the $400?

My boyfriend and I moved in with some friends. No paper lease was signed with them. Over a few months we figured out that they were overcharging us. This is our last month paying rent with them and only gave them $180 our of the $580 to make it equal because they over charged us $400. They are now... Read more »

Jennifer Mantoni
Jennifer Mantoni answered on Jan 14, 2018

If you agreed to pay them 400$ a month and did not pay them that full amount then yes they can sue you for the past due amount. It isn’t a question of fairness, you agreed to pay that amount so, unfortunately, that is what the court would force you to pay. It isn’t worth the battle over that amount.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can a landlord break a lease if he wants to move into his own property
Jennifer Mantoni
Jennifer Mantoni answered on Jan 12, 2018

An attorney would have to review your lease to answer this question.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is my lease null and void?

I'm 4 months into my 12 month lease and due to unforeseen business obligations I need to move across the country this March. I was considering just telling the landlord and hoping for the best that he can find a new tenant in the coming months with such an early heads up, but I just went over... Read more »

Jennifer Mantoni
Jennifer Mantoni answered on Jan 12, 2018

No, that does not mean your lease is null and void. Your first instinct was correct; advise your landlord of your need to move, and work with him or her to try and get the place re-let before you have to move.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Late on rent 7 days. Notice says pay by 12th. Locks been changed without notice, on 11th. Can that be done in Florida?

We don't have lease. Paying rent on time in amount of previous lease. This is our 1st in four years being late.

Jennifer Mantoni
Jennifer Mantoni answered on Jan 12, 2018

It is unlawful for a landlord to change the locks on you until a writ of possession is executed which is the last step in a formal eviction proceeding. The landlord has an obligation to properly terminate your tenancy for failing to pay rent when due and cannot attempt to evict you by changing the... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Does an owner of a mobile home park and campground have the right to make you tear down a boat house you built.
Jennifer Mantoni
Jennifer Mantoni answered on Jan 11, 2018

More than likely yes, if you built it without first getting approval, which means you likely built it in violation of the park’s rules and regulations. They have to provide you with the proper statutory notices to cure the violation though, prior to filing for eviction. In those notices they will... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Dad trying to kick us out of his condo

Me, my husband and roommate live in a condo my parents own. We pay the condo fee and my dad told us to leave. We do not have a lease and all get mail here. I am also pregnant. I called the clerk of courts and was told by them he has to do an eviction. My dad refuses to do so. All the utilties are... Read more »

Jennifer Mantoni
Jennifer Mantoni answered on Jan 11, 2018

He will have to formally file for eviction, but why would you want to tell him that - don’t help him evict you. Just continue to be a good tenant and pay what you agreed to pay to stay there. Keep track of your utility payments and any other payments you make towards renting the property such as... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Florida on
Q: If my landlord allows dogs on the property (with a deposit) can i be evicted because she claims the dog is too big?

My old roommates are currently taking care of my dog because my landlord says that he's too big even though they charge a $500 pet deposit. My old roommates are threatening to put him in a shelter because they don't want to take care of him anymore. Note that there is a verbal agreement... Read more »

Jennifer Mantoni
Jennifer Mantoni answered on Jan 9, 2018

Did your landlord first accept your deposit then forbid you bring the dog in the property? If so, then I’d move the dog back in. What does your lease say about restrictions on dog size, if anything? Also, keep in mind that service dogs aren’t considered pets. Is your dog a service dog?

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can landlord charge for repairs with no proof my appliance caused damage?

Moved into apartment 7 days ago. On day of move in, used washing machine once. Not used since. At the time of use, I ensured all connections were secure and there were not any leakes. Washer worked fine, no water on floor after use. Then last night, 6 days later my neighbor downstairs knocked on my... Read more »

Jennifer Mantoni
Jennifer Mantoni answered on Jan 6, 2018

They can definitely try and it sounds like they will. Refuse to pay and provide supporting documentation as to why you are refusing. Depending on how far they take it you may need to hire a lawyer to defend you in the process-but first refuse and support your reasons for doing so. Take lots of... Read more »

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