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Florida Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: December 2023 rent paid in full. Fire occurred 12/23/2023. Still no refund for days not living on property due to fire.

Have asked previous landlord for interest accrued from our deposit, refund for days not able to live on property due to fire. Provided the landlord with copy of our renter's policy which included liability. Landlord charged monthly liability fees to us. I have been trying to resolve for 10... View More

0 Answers | Asked in Landlord - Tenant for Florida on
Q: What can I do about my maintenance team delayed action to my emergency request for service?

I have found an active slow leak in an upper kitchen cabinet where we keep food. There is black mold building and spreading. I have severe allergies, including mold, and when I notified them of the leak I was told that "it was not an emergency".

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have received an eviction notice with documents that state I was served a 3 day notice that I was not.

Paperwork that I got has a 3 day notice that they said I have received but I never got any copy of anything at all, was wondering if I had any way to fight the eviction.

Jacqueline Alicia Salcines
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answered on Nov 13, 2024

I would consult with a lawyer to review the three day and make sure it conforms to statute and then proceed. Consult today

0 Answers | Asked in Landlord - Tenant for Florida on
Q: how long once an eviction is posted on my door do i have to pay rent

partial payment already submitted

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What can I do about people living and working on my property without my permission?
Charles M.  Baron
Charles M. Baron
answered on Nov 12, 2024

A court action against non-tenants being possessing property without consent is called an unlawful detainer action, or in some scenarios, an ejectment action (or both). So search for lawyers in your area who handle those types of claims. Some landlord-tenant lawyers will also handle those types... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: The Company that owns the land my mobile home is on, is trying to evict me accordingly that I am an unapproved tenant

pursuant to Fl. Statute 723.06(1)(e), although I am a model tenant that is never late on my rent and have received Letters from my neighbors stating that I am a model tenant, I have lived here 8 years taking care of my mom, until she passed away, and my sister violated her power of attorney. Now... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 11, 2024

You have multiple issues going on and you should consult with a landlord/tenant lawyer if you are being sued for eviction or have received a notice to vacate. The statute you are citing actually supports the park evicting you if you failed to obtain approval as a tenant.

The duty to...
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0 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: Florida: Landlord used another real estate company's lease

I just discovered my landlord I lived with used another real estate companys lease she has no association with. Is this illegal? Is the lease null and void? I moved out after my 6 months lease was up and she also hasn't returned by deposit, which come to find out a final judgement was put... View More

1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Probate for Florida on
Q: This is in regard to an Irrevocable Trust and my rights as a tenant at Trust held property in Florida.

I was caregiver for my Dad. He passed. Friend of family is Exec Trustee for the Trust my father had his estate pass into. I had a written agreement with my father to remain at his property in Florida for as long as I need. 40% of the property is mine according to Trust Dox, 40% my step brothers,... View More

Kimberly Grant
Kimberly Grant
answered on Nov 8, 2024

Let me preface my remarks by saying what you have described is outside my area of practice.

However, I believe you should act quickly to hire a lawyer who handles probate litigation in your area. Make sure he/she doesn't have any conflict of interest with the Executive Trustee. The...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Building associations can release security deposit to landlord if is on the lease to cover unit damages?

Recently evicted tenants from my apt in Miami,FL.

Tenants had security deposit paid ti association, and now association wants to return payment to tenants but the signed lease it says that the security deposit is also to cover my property damages, in this case I can be entitled to receive... View More

Jacqueline Alicia Salcines
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answered on Nov 5, 2024

You should have an attorney review the Lease to see what can or cant be done. That way we can advise next steps and if what they are doing is in line with Fla. Sta. 83.49

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord leased the unit to another person after i gave written notice of my intent to extend my lease.

This is the clause in my lease "• B. Lease: This Agreement shall continue as a lease for term. The termination date shall be on (date) February 28,. 2025 at I I :59 PM. Tenant has the option to extend this lease for an additional year by written notice 30 days prior to termination."... View More

Fernando A. Prego
Fernando A. Prego
answered on Nov 4, 2024

If a tenant exercises the option to extend the lease with the proper notice and in compliance with the terms set forth in the lease, the landlord generally does not have the right to reject the tenant’s exercise of that option.

Lease options to extend are typically binding on the landlord...
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0 Answers | Asked in Landlord - Tenant for Florida on
Q: If the Landlord turns off the power to the 14 unit condos and emailed us to leave because Milton was coming for 6 days

Can i pro rate my rent 6 days? They emailed us that they are shutting power down to the building came back on 6 days later. So I had to get a hotel for 6 days

0 Answers | Asked in Landlord - Tenant for Florida on
Q: Evicted from trailer park but own the home

I live in a trailer park and was evicted and given 30 days to get out. I own my home. If I can't sell my home within the 30-day. What happens? And also is an eviction notice valid If they got information wrong? Because it seems in the letter I received from them, They are under the impression... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I sue my landlord for unlivable roaches infestation

I email my landlord about roach infestation. He emailed me back and said as long as you have food to feed them, you gonna have roaches he sent me details of how to get rid of roaches. I’ve bought all kinds of roach spray. To get rid of roaches and it did no good now this is the second time... View More

Linda Liang
Linda Liang
answered on Nov 4, 2024

Under Florida law, you can send the landlord a 20-day notice notifying him of the situation and stating your plan of action. If the landlord fails to take action, you can do what you said, including withholding the rent.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: Someone broke into my shop, changed the locks, can I break into my own shop?

They are staying in a trailer next to my shop on my property. I just started the eviction process. They broke into my shop, switched the door and padlocked it and started filling it with their belongings. They never had any permission by me to enter my shop and they never bothered to ask for... View More

Robert Edward Heyman
Robert Edward Heyman
answered on Oct 29, 2024

Call the local police immediately. You describe behavior that constitutes Burglary, Theft, Criminal Mischief and Trespassing. If verified, the police should arrest them. You will then be able to re-enter your shop, and remove their property since it has nothing to do with the eviction process. I am... View More

0 Answers | Asked in Landlord - Tenant for Florida on
Q: I am section 8 recipient living a apartment and my landlord is trying to get me to pay and renewal fee can they do that.

When I called the property manager she asked me did I sign the renewal lease I said yes then she said yes I have to pay it. Then I said the secretary said If I don't sign it I would be evicted out.

2 Answers | Asked in Contracts, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I be evicted from a motel where I have maintained permanent residency at for almost 1 full calendar year ?

I moved in here December 2023 was offered weekly rates and told we could discuss monthly rates at a later date. After living here almost a year there have been a list of issues and safety concerns brought to the attention of hotel owner/manager and staff, minimal action was taken to address this... View More

Erik A. Perez
Erik A. Perez
answered on Oct 21, 2024

Yes, you can be evicted. However, it must be for a legal reason such as nonpayment of rent, failure to cure a maintenance issue, etc. Based on the information you have provided it, it is possible the landlord has failed to comply with the notice requirements for an increase in rent and/ or has... View More

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1 Answer | Asked in Estate Planning, Civil Litigation and Landlord - Tenant for Florida on
Q: Can Trustee of family trust act as pro-se in law suit against tenant for unpaid rent/damages, without lawyer?

I filed eviction of tenant, as trustee of the family living trust. I was told I could do the simple eviction as a trustee of the family living trust, but I am not allowed, as pro se, to file for an additional complaint demanding unpaid back rent and damages. It said I need a lawyer to do the... View More

Anthony M. Avery
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answered on Oct 18, 2024

Apparently you have already filed for possession and went to Court. The Judge is not going to let you sue for monies. Right or wrong, you are already in the middle of it. Get a Judgment for Possession at the next Court date, and get that occupant out of the Trust's property. I doubt... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Are you allowed to legally evict someone over the phone
Barry W. Kaufman
Barry W. Kaufman
answered on Oct 16, 2024

No.

Eviction is the legal process for a landlord to remove someone when there is an agreement for the person to pay rent to the LL. A landlord is required to serve notice on the tenant, the notice is very specific and must be served on the tenant in a specific way. You can look up chapter...
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1 Answer | Asked in Contracts, Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on
Q: Hit by Milton and no access back to MHP. I own home, but lease the lot. No power b/c flooding. Is rent still due?

9 days without power, plumbing, trash service, etc. Duke Energy cannot reestablish power until water recedes and could take weeks according to their notice.

Linda Liang
Linda Liang
answered on Oct 17, 2024

Most likely yes. Your obligation to pay is described by the lease, which is between you and your landlord. The inconvenience was not the landlord's fault. It is unlikely the lease provides the landlord should waive the rent.

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My brother and his adult daughter were living in a 55 and over condo when he passed away. . Can she be evicted

The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 25, 2024

I am sorry for your loss.

Very possibly. Hopefully your brother had a Will or trust; if so either the PR or successor Trustee needs to move quickly. "55 and over" communities are not just advertising words; they are either deed restrictions or by-laws which the owner agrees to...
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