Lawyers, Answer Questions  & Get Points Log In
Florida Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Florida on
Q: I received a "notice" that was taped to my door for a rent increase of 44%. It was not mailed or even emailed.

It was taped to my front door with a "Certificate of Service" checked off that it was posted on premises in in tenant's absence. I was here. They did not knock. They did not try to "serve this" notice. Second question. How much notice does a landlord have to give to raise... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: The tenant was evicted and damaged house. I didn’t return security deposit. He is suing me. What i must to do?

I bought the house with this tenant. He was harassing me from day one. Was recorded me on security camera, I offered him to leave any time, rent was low, finally he became holdover tenant and stopped to pay rent. I took him to court. He was evicted. He damaged my house. I didn’t return security... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 18, 2022

If you have a lawyer tell them to consider filing a counter-claim for the damages and a motion to dismiss the plaintiff's claims for pain and suffering for res judicata or collateral estoppel. If your lawyer does not know what res judicata and collateral estoppel mean hire another lawyer that does.

0 Answers | Asked in Landlord - Tenant for Florida on
Q: Is it ok for the landlord to jump for $50 renewal lease fees to $300 with no upgrades or anything?

It’s already hard to maintain a $1450 rental agreement when jobs not paying to rent to exceed to $1750 a month.. I’m furious, angry, and upset

0 Answers | Asked in Landlord - Tenant for Florida on
Q: Can I withhold rent if the property manager has not done repairs?

It's been months the light fixtures have not been repaired they say they are not being made anymore, on backorder etc. I told them thurs about a hole in the plaster and they didn't respond it's now Mon night. My rent was raised from $1350 to $1495 starting 6/1 and I want to know if I... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Is the year to year lease in Florida legal if it states 120 days needed to be given for early termination?

My year to year lease states: "You must give at least 120 days written notice of termination or intent to move-out". Looking at Florida State law 83.575, it says "may not require more than 60 days’ notice before vacating the premises". Is the lease I signed in violation of the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 17, 2022

Show this to your landlord.

"A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement, IF such provision requires the landlord to notify the...
Read more »

View More Answers

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Rent application fee not refunded after a misleading listing. What are my options?

I recently moved to the US on a non-immigrant work VISA. Before moving, I was evaluating apts to rent and found this agency that had an apartment (~$2000 rent) which seemed good for me.

I went through the application process on their official website. Paid around $600 in application fee +... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 13, 2022

So, they have acknowledged that they owe you the money; that is good. It is only a matter of getting the check to you. It appears to have been lost in the mail; that happens. Ask them to write you a new check and stop payment on the old one. Or consider picking it up at their office.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If I paid the tenant the reminder of the lease to buy them out can they still reject the offer?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2022

Copy your original question and these conversations and paste to an email and send them to me at

bammab1@gmail.com

1 Answer | Asked in Landlord - Tenant for Florida on
Q: As far as buying the tenant out would that be the remainder of the months owed x the rent or a negotiated amount/offer?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2022

Whatever the tenant accepts, up to the max.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am looking to sell my condo but currently a tenant resides on the property on a lease until Jan. 23 any loopholes?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 13, 2022

No. Whoever you sell the condo to will have to allow the current tenant(s) to finish out the lease--unless you or the new owner get together and buy the tenant out.

FYI: Many tenants are not married to the place they rent and will consider reasonable offers to give them the money they need...
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: We are selling a trailer and the park office has flagged our potential buyer for no credit asking 2 years rent upfront.

What is our recourse?

Barbara Billiot Stage
Barbara Billiot Stage answered on May 9, 2022

The park owner is not required to allow someone to move in because they are credit risk. You would need to find a new buyer if the buyer is not willing to prepay the rent.

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on
Q: If I have a house on a canal or body of water what legal concerns come with renting out my dock for boaters to rent?

Do I have rights to rent my dock since I don't "own the water"? What happens if they crash into my dock? Any legal concerns or suits that can be brought against me as the dock owner?

Jane Kim
Jane Kim answered on May 8, 2022

If they crash into your dock, you'd have a lawsuit against them.

If someone drowns and the heirs may blame you for poor maintenance of the dock.

Here is a good resource as to what you'd need to establish lease terms, responsibilities, disclaimers and protections:...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Eviction of a room without lease. Tenant refuses to leave.

I live in Florida and I rent out a room. I have given tenant a 30 day notice eviction. They refuse to leave, it is 5 days past the 30. It is not due to rent payment, is due to the way she acts. I told her I do not want payment for the last month. After that month she was given to leave she is still... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 6, 2022

You file suit to evict her.

0 Answers | Asked in Landlord - Tenant for Florida on
Q: Am I obligated to pay a lease termination fee if the property management company did not fulfill their promises?

I was promised that my apartment would have a shelf installed in the washer/dryer room which should have been there initially upon move-in. Also, upon submission of my move-in checklist, some flooring and barn door handle was to be repaired/replaced and hasn't been done. That was 6 months ago.... Read more »

0 Answers | Asked in Landlord - Tenant for Florida on
Q: What can i do if Landlord has dementia and will not accept rent.

Lease agreement states the 17th of March but I didnt move in till the 1st of April. Shes wants me to pay for Aprils month but from paying First Last and Security, she received that months payment. Claims she didnt and i owe her for the 17th to the !st for $1200.

I do not owe her anything do i?

0 Answers | Asked in Landlord - Tenant for Florida on
Q: I live in Florida. My landlord gave me 30 days notice on a rental increase. But I’m required to give 90 to vacate.

So I have two choices. Resign for another year or lose my deposit. Can they do this to me? I don’t understand how they can legally not give me the proper amount of time to decline and receive my deposit back.

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Landlord to charge extra $16 month for trash and storm water. already signed lease and they have a million tenants

I signed and renewed my lease last year in june, then in july they sent an email claiming they would have to charge us an extra $16 a month for trash and storm water which they didnt do the year before. $16 isnt a lot of money but they also raised our rent $160 due to inflation, property taxes,... Read more »

0 Answers | Asked in Landlord - Tenant for Florida on
Q: If I am a tenant with no lease in Florida what are the laws on being evicted

I pay rent bi-weekly for around 9 months now and never missed a rent payment but I have a landlord that lives in the master bedroom who has an anger problem and is now claiming he's selling the house and I had 4 to 6 weeks but now he's changing it to he wants me out this Wednesday when I... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Contract rental law for condos-I signed a 2 year lease by the landlords mistake it says 6/2021-5/2023.

The written wording says 12 months. He wants to raise the rent after one year, more than 5% without 60 days notice-but it looks like I might have a two year lease, all this hold up in a court of law?

Barbara Billiot Stage
Barbara Billiot Stage answered on Apr 29, 2022

A lawyer would have to read the lease agreement to see how it is written. Generally, when there are conflicting terms in a contract, a court will interpret it in favor of the person who did not draft it but not always. The court will also allow evidence other than the agreement to be introduced... Read more »

0 Answers | Asked in Landlord - Tenant for Florida on
Q: My neighbor reported in humane living con to city Slumlord says I have 30 days to move. Is that legal?

Windows screwed shut no heat no fire alarms mold

Rotten cabinets no carbon monoxide det the list goes on. She thinks that I’m the one who called them. So she’s affecting me as well as the girls whose unit has all of these problems via text message

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.