Pursuant to Florida precedent, there is some legal authority which dictates a landlords may only charge for excess wear and tear. In other words, he/ she may not claim the security deposit for ordinary wear and tear like paint retouch and cleaning. In addition, the landlord has to comply with the...Read more »
This is an excellent question that I come across weekly. I've helped many clients with this issue. Since the property is in a condo association, the pipe may be what is considered a "common element" or "common area" pipe. If the plumber has determined that the pipe services...Read more »
Zoning states my site plan I submitted is accurate and correct but needs to be signed by either an architect, engineer, residential or mobile home contractor to move forward, I applied for owner as contractor permit and as homeowner I should be able to submit site plan that is to scale and accurate... Read more »
That is an administrative issue that may be determined by the local design and review board and local regulations. Please provide further information regarding the jurisdiction and local rules. The Florida Statute you cited is primarily for the regulation of licensed contractors and prohibits...Read more »
It depends on the terms of the estimate and the written agreement (if any). Unfortunately, contractors sometimes complete these sort of practices. It is important that you negotiate a contract clearly indicating the scope of work prior to hiring the contractor. Nevertheless, sometimes there may be...Read more »
The answer to your question may depend on the terms of the lease. However, Florida law Chapter 83.06 provides in pertinent part that "[w]hen any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal...Read more »
Hello, I was trying to seek legal aid in Jacksonville, but having moved recently to Tampa I’ve been told by JALA (Jax area legal aid) that I needed a referral from my county... but my security deposit is being withheld. On the itemized list there are some legitimate items and others that are... Read more »
It seems that landlords always try to pull some shenanigans with the security deposit at the end of a tenancy. In Florida, the applicable statute is 83.49. An important thing to note is that pursuant to the statute the certified notice of intention must be sent to you within 30 days. The statute...Read more »
Blatant disregard For my safety, accusing me of lying about an emergency, take me to the hospital that I verbally told not to take me there, and he also told the hospital staff that I was faking, yelled at me when he got to my house, enforce me to walk 30 or more feet to him while in agonizing... Read more »
This is a very interesting question. It is important to note that anyone can file a lawsuit in Florida for almost any reason. However, the critical question you may want answered is will you prevail on a negligence claim against the EMT. It appears that the answer will depend in part on whether you...Read more »
You would have to check the court docket in order to determine whether a satisfaction of judgment or an order of dismissal following a stipulation of settlement has been entered. Please contact me if you would like to further discuss.
My friend allowed my son and I to move in. He didn't add me to the lease. I helped pay the security deposit, I pay rent and utilities. Due to him liking me , he tries to solicit things from me. Now I've refused him , he wants to break the lease. He's only given me 10 days to move and... Read more »
Under the circumstances presented, your roomate is a cotenant. It does not appear that he has the right to evict you. Rather, the landlord wold have to initiate the eviction process. Much of the outcome in this matter depends on the landlord's position on the issue. Regardless, I'd...Read more »
It depends on the month to month rent that was agreed to between the parties. If you agreed to an $800 month to month rental agreement and the landlord accepted $800 payments through the month of May, then the landlord would not be entitled to ask for an additional $100 for each past month which...Read more »
What should we do? We live in Florida. After the hurricane we needed a new roof. We hired a roofing contractor to replace it. They started the work and the trucks that brought the roofing supplies to my home weight in at 8 tons and broke our driveway in several places. The trucks were not from... Read more »
It appears you may have several causes of action against both parties. In addition, if you have insurance, it may be prudent to reach out to the carrier and review your policy for the type of coverage you may have under the circumstances. Please contact me if you would like to discuss further.
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