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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord is evicting me for arguing with him about my safety at the residence. Is it legal to do this?

My landlord is evicting me because I was texting him about my safety at my RV and because I cursed at him and was disrespectful, he's decided that I need to leave at the end of the month. I haven't done anything else; paid rent on time and everything. My safety concern was over a padlock... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 15, 2025

If you have a month-to-month tenancy, as opposed to a lease, he doesn't need a reason to ask you to leave.

0 Answers | Asked in Landlord - Tenant for Florida on
Q: I am a renter in the house. I am renting pipes to the sewage bust through the floors. Landlord wants me to pay to move.

Wants me to pay to move and reapply for another one of their houses when I just signed my lease and my sewage pipes I busted through my children’s bedroom floor water leaking through my kitchen toilets are leaking underneath and they’ve known about all of this for months and have failed to do... View More

1 Answer | Asked in Landlord - Tenant, Criminal Law and Real Estate Law for Florida on
Q: Help needed for Unlawful Detainer Lawsuit Eviction Thank you

Any help or advice appreciated. I am searching for a lawyer to help evict an individual that is on our property illegally. He is also on probation for burglary and grand larceny which may be helpful in establishing he has no credibility. Thank you for your time.

Anthony M. Avery
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answered on Jan 7, 2025

Hire a FL attorney to sue all occupants and that known individual for possession only.

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Florida on
Q: How can I find the probation officer for someone in Tampa Florida thank you.

We are dealing with someone illegally on our property. He was arrested recently for burglary and grand larceny. He is on probation. We would like to contact his probation officer to let him know the person is committing more crime. Any advice appreciated.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 4, 2025

If he was arrested, the probation officer will be notified.

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Criminal Law and Elder Law for Florida on
Q: Commercial Property Eviction help needed thank you for your thoughts

I am in need of advice and help from a lawyer regarding evicting a criminal from a commercial property. The key to property was stolen from my elderly father. The criminal is currently on probation for other crimes. Any advice is greatly appreciated.

Jacqueline Alicia Salcines
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answered on Jan 4, 2025

I am happy to assist you with this eviction. I would need to see the Commercial Lease in advance however to advise what recourse you can take. You can email that to us.

0 Answers | Asked in Landlord - Tenant for Florida on
Q: Tenant rights in south Florida following a leak, mold and holes in walls

No help from this site at all

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I let a friend who was losing his apt bring his stuff to a vacant apt of mine so he wouldn’t lose everything. However,

I had him sign a declaration of nonresidency which clearly states that he’s an overnight guest and any belongings are there for storage only and he’s not a resident and never will be. Do I still have to traditionally evict him? or could I call the police and have him kicked out for violating... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I live in Miami Dade year lease ends tomorrow, landlord hasn't contacted me to renew I want to stay what are the laws

I'm not sure what the new laws are. Does the landlord have to give notice if not renewing, can she increase rent without notice, what are my rights in Miami Dade county? If these things were required and she didn't give notice, which she hasn't, does my lease renew automatically?

Jacqueline Alicia Salcines
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answered on Dec 30, 2024

You must read the lease to see whether the lease renews automatically as a month to month lease or terminates. If unclear speak to a real estate attorney so we can review the lease and advise.

0 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my roommate move my belongings from a residence before I've been evicted or even before I failed to pay rent?

My rent is current and the month that I've paid for is not over and I haven't been formally evicted

1 Answer | Asked in Landlord - Tenant, Civil Rights and Small Claims for Florida on
Q: My landlord is witholding my security deposit illegally. I informed her in time and left the Apt. in optimal conditions

I took the apartment in uninhabitable conditions on February, 2023. Under the agreement to make the necessary repairs and pay a monthly rent of $1,634.00 adjusted to meet the cost stipulated by the Miami Beach Housing Authority (see attached agreement sheet) And that the total cost to be paid for... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Start by gathering all your documentation, including the lease agreements, communication with your landlord, receipts for repairs and treatments, and any photos that support your case. This evidence will be crucial in proving that... View More

1 Answer | Asked in Elder Law, Landlord - Tenant, Contracts and Criminal Law for Florida on
Q: We bought a home and were told we overpaid $1000. 12 weeks and no refund. Now, told our last month rent failed? LOL?

We send two checks to cover rent. Money orders from Publix per park regulations, they signed saying they received them (in person), one for $387, other $500, then 3 weeks later were told the $500 check was no good, yet both checks were cashed on the same day. We are not litigious. We don’t... View More

Erik A. Perez
Erik A. Perez
answered on Dec 27, 2024

Th explanation of the facts of the case is a bit confusing as I am unclear on whether you are an owner or tenant. Nevertheless, any overpayment on a purchase typically is reimbursed by the escrow agent. The terms of the contract should be reviewed to identify whether they address what needs to... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Gov & Administrative Law for Florida on
Q: What are my rights as a disabled individual who had safety concerns willfully ignored by my landlord for months?

I provided previous documentation via emails, physician verification of my disabilities, numerous phone calls to the leasing office records, documentation of my maintenance requests falsely solved in the resident portal as well as these willful violations of my right to ensure a safe and peaceful... View More

Erik A. Perez
Erik A. Perez
answered on Dec 17, 2024

You may be able to terminate the lease. However, it appears you likely need to provide a notice to cure under the statute and thereafter you may be able to exercise your right to termination of the lease and/or rent abatement.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: i am being evicted under the base of a holdover. i need more time to get out of the commercial building i have rented

i have rented this building for 12 years and asked for 90 days to move out. the owner said no and gave me 30 days. i have always paid rent and i am not behind at this time. the state is Florida

Is there anything i can do to slow the process? i do not mind leaving as i have already started... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 13, 2024

Not really. You have 30 days. If you need more time and the LL won't give you more time, that's the end of it. There's no legal action to get more time. The fact that you've always paid your rent on time is immaterial. Sorry, but there is no credit for past on-time payments. 30... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I needed to know if I could have some information on a landlord submitting an eviction that is defective
Linda Liang
Linda Liang
answered on Dec 2, 2024

Your question is incomplete. What information do you need? Are you asking how you can find that information? Or what you should do if the eviction complaint is defective. Either way, you should talk to an attorney for advice after checking the case.

1 Answer | Asked in Contracts, Landlord - Tenant and Probate for Florida on
Q: Deposit after death, one heir

Mother's landlord sent deposit for rental home my mother was leasing back to me directly and not in the estate of, I am her only heir. We have not filled probate or a summary administration as my mother's credit card bills are higher than what is in her bank account and I would be out the... View More

Erik A. Perez
Erik A. Perez
answered on Nov 27, 2024

As you have explained it, the funds belong to your mother, so they should be part of her estate. However, a review of the lease could change the answer to your questions. For instance, if you were on the lease or there was an assignment clause.

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

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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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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