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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 
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.
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
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
The 90-Day Notice of Lot Rent Increse did not include other affected mobile home owners. Fla. Stat. 723 states that a 90 Day Notice shall include other affected mobile home owers by lot or name or phase. In addition the Statute also requires for the park owner to provide the names of other affected... View More
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.
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
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.
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.
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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
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
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
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... View More
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
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... View More
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
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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
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
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... View More
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
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.
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
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
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
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
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
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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
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... View More
9 days without power, plumbing, trash service, etc. Duke Energy cannot reestablish power until water recedes and could take weeks according to their notice.
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.
The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary
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... View More
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