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Florida Landlord - Tenant Questions & Answers
0 Answers | Asked in Landlord - Tenant for Florida on
Q: I am renting a room in a house month to month. I just found out the man I was renting from was renting himself.

He has now passed away. Do I have any rights in this situation?

0 Answers | Asked in Landlord - Tenant for Florida on
Q: Are a lease's terms still valid if you switch units (and prices) before move-in and never sign a new/updated lease?

I switched apartment units before move-in and never updated or signed a new lease. It's a different unit and different price. Months later there's a large billing error where they've been debiting my account incorrectly each month, and they want me to make up the difference. I'm... Read more »

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Florida on
Q: Ejectment after being deeded property from a Will.

I was the executor of my father's will. He owned a non-homestead house in another county. I filed a probate case and was deeded the home after disposition. A half sibling (step brother to my father) has been living in the home for 17 years and was on the mortgage (not the deed). I am now... Read more »

James Clifton
PREMIUM
James Clifton
answered on Mar 20, 2023

Yes, an ejectment action would be appropriate to remove the occupant. However, they may have an equitable claim for the amounts paid on the mortgage, assuming they paid some portion of the mortgage that they signed for. Please feel free to reach out for a free consultation.

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2 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Florida on
Q: Ejectment after being deeded property from a Will.

I was the executor of my father's will. He owned a non-homestead house in another county. I filed a probate case and was deeded the home after disposition. A half sibling (step brother to my father) has been living in the home for 17 years and was on the mortgage (not the deed). I am now... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 20, 2023

The step-brother may have been paying the mortgage and might have a claim for those payments as well as any money he invested into maintenance and repairs if he was not paying rent. It seems a bit unusual to me that he was on the mortgage but not the deed. Usually someone signs a mortgage to... Read more »

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0 Answers | Asked in Landlord - Tenant for Florida on
Q: I applied for erap and was approved waiting for payment to be disbursed. Landlord filed eviction on me will i be evicted

If erap is paying march arrears and 3 months after

1 Answer | Asked in Landlord - Tenant for Florida on
Q: On 83.64 - Retaliatory conduct, my neighbor rents month2month and everytime she asks the landlord to fix an issue, such

as the Rats, he tells her it will cost in rent increase. Landlord even had professional at house about the rats but landlord won't pay to fix holes. Is there anything the renter can do?

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 11, 2023

Answering the question, so you can advise your neighbor, would be the unauthorized practice of law on your part, a felony. Let your neighbor handle her issue with the Landlord, if she needs help finding an attorney, help her do that. Then leave it be.

0 Answers | Asked in Landlord - Tenant for Florida on
Q: Can you give an example of a properly promulgated rule that is arbitrarily applied and used for eviction?

My Mobile Home Park does not allow pets (rule #1) yet half of the residents in the MHP, including myself and 2 neighbors, have one pet or another. It seems only one resident has been singled out. He is being asked to either have a letter from his doctor stating that he is disabled and needs a... Read more »

0 Answers | Asked in Landlord - Tenant for Florida on
Q: Can you establish residency/tenant rights after a certain length of time in a Florida hotel room?

I've spent nearly a year living in my hotel room here. They've never had me check out. Never checked me out themselves. & Everyone knows this is my primary/only residence. I receive mail regularly & essentially treat it just like I would my own home in everyway. Can they kick me... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: I let someone stay with me a month for free, now they are trying to have mail sent to establish residency. What can I do

What can I do to stop them from ever entering the property again.

Charles M.  Baron
Charles M. Baron
answered on Mar 8, 2023

1. Give written demand to leave (either immediately or give a deadline of your choice), and keep a copy; good to give verbal demand as well;

2. If the person refuses, read Fla. Statutes Section 82.035 (which is online) - that provides a remedy of having the police order the person to...
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0 Answers | Asked in Landlord - Tenant for Florida on
Q: Can I be evicted before a 90 day termination of tenancy is up

As a elderly disabled person with impairments are there any special conditions to eviction procedure

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: If my partner moves in with me and pays rent and improvements is he eligible to received any profit from sell of my home

I own a home in manatee county Florida. I allowed my partner to move in with me. He pays half the bills in form of a rent check to me monthly. He also paid half of getting my main electrical box replaced ($2900.00).

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 7, 2023

Were you to sell your house, he would be invisible to the title company, as he is not on the deed. He would not be entitled to share the profits of the sale, as he would be if he co-owned the home.

Whether he can sue you for some amount as compensation for the contributions he has made, and...
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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Our case was never heard and no mediation, the judge issued a default to plainiff.

How can a judge issue a final judgement without giving us a chance to present the case? The owner along with a tenant contracted for construction to the rental unit. All invoices presented by contractor were paid. Owner was later presented with a bill from a subcontractor, no contract or... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 7, 2023

Sounds like the default was entered due to someone's error, which may have been made due to failure to consult an attorney. In small claims court, an LLC does NOT need an attorney to represent the LLC if the proper documentation is prepared to authorize an eligible person to engage in the... Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: If I am refused reasonable accommodation request at apartment what is my recourse?

I am a paraplegic confined to a wheelchair and they have "half assed" this request as if they have no consequences for doing so.

They have begun a surreptitious attempt to make complaints against me in retaliation. Please help.

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 6, 2023

My advice is to consult an attorney who has experience with, or focuses his or her practice on ADA issues.

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I need help interpreting my lease because my apt complex is saying I’m violating it

My apartment complex is telling me that I can not have someone spend the night for more than 3 days a month. But, this is not what the lease says.

It states : “ Other than residents and authorized occupants, no one else may occupy the apartment. Guests are not permitted to stay in the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 5, 2023

As I read your post, the complex is right. The lease apparently reads "Guests are not permitted to stay in the apartment for more than (3) consecutive days without [their] prior written consent." Is the problem the fact that the "(3)" isn't really filled in?

0 Answers | Asked in Landlord - Tenant for Florida on
Q: The landlord don’t want to repair air conditioning?!

Where I live the apartment has water leaks and they cheated me by giving me the apartment, it was fixed outside because I went to the city and complained. the owner promised to fix the damage inside the roof and he never did. The old air conditioning does not want to change it for a new one and... Read more »

1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Tax Law for Florida on
Q: Is an HOA liable for known misrepresentations made by a home developer, on HOA controlled property?

If the HOA knew of the misrepresentations, intentional fraud, right? If they didn't know, negligence fraud, right? And any related parties aware and benefiting from said misrepresentations are conspirators, no?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 4, 2023

Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I sign a lease in FL and decide to break the contract and never move in

This is a short term lease for 3 months.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 2, 2023

Sure, obviously you can breach any contract if you want to be exposed to liability for doing so. If you have a meaningful question, please phrase it in a way that makes sense.

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0 Answers | Asked in Landlord - Tenant for Florida on
Q: Landlord missed renewal and I went MTM. Can he come at me 3 months later to renew and back charge me the increased rate?

Rent was $2050 He asked for $2350 and I counter offered $2250. He accepted but now he wants me to pay for the months I already paid $2050. That's $600

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