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Florida Landlord - Tenant Questions & Answers
2 Answers | Asked in Business Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Considering owner financing “chattel” a mobile home in a park with lot rent (thus no land). Location Flagler County, FL.

Considering owner financing “chattel” a mobile home in a community park with lot rent (thus no land). Location Flagler County Florida.

How do I draw up a contract that keeps parties fairly protected? Likely buyer needs title to insure, get tag/taxes (like a car DMV) and community park.... View More

James L. Arrasmith
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answered on Mar 26, 2024

When creating a contract for owner financing a mobile home in a park, it's crucial to have clear terms that protect both parties. You can opt for a lien on the property while the buyer holds the title, which allows them to insure the mobile home and comply with local regulations. It's... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I’ve given a $1,000 holding deposit prior to move in June 1 2023. Owner refused to place towards 1st month rent.

Owner refuses to apply holding deposit $1000. towards rent. Claims to keep my money. Added addendum my first week upon moving in basically changing lease after I moved in. I have a lease and my proposal (email) in which all parties have signed. It’s been 9 months she will not renew my lease. I... View More

James L. Arrasmith
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answered on Mar 26, 2024

Vivian, it sounds like you're dealing with a complex situation regarding your rental agreement and the handling of your deposits. First, it's important to review the signed lease agreement and any email correspondences that outlined the terms regarding the holding deposit and how it would... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Our Florida tenant paid our property management company using forged certified checks. The management company

forwarded the normal rent payment to us until it was determined the checks were invalid. Who is now financially responsible for the bad checks - us or the property management company?

James L. Arrasmith
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answered on Mar 26, 2024

In cases like this, the financial responsibility typically depends on the terms of your agreement with the property management company. Generally, if the management company acted in good faith and followed standard procedures, they might not be held liable for the forged checks. It's important... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am being charged a non refundable approval fee for an apartment of $1,000 in addition to the application fees, why?
James L. Arrasmith
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answered on Mar 19, 2024

Some landlords or property management companies charge a non-refundable approval fee as part of the leasing process. This fee can be intended to cover the costs associated with processing your application, such as background checks, credit reports, and the administrative effort. However, a fee of... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: What do you do if forced. Under the threat of of bodily and family harm to sign a Florida quick deed?

I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?

James L. Arrasmith
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answered on Mar 30, 2024

If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: My dad gave my sister permission to give a leasing company to rent out my dads house signed it with her.  then he moved

My sister is under investigation

James L. Arrasmith
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answered on Mar 30, 2024

When a family member grants permission for another to manage property affairs, such as leasing out a house, it's essential that all agreements are clearly documented and legally formalized. If your father signed an agreement allowing your sister to lease the house, this document should outline... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Are apartments able to rent out my occupied apartment while we are still under lease?

we did give them 60 days notice to vacate but where unable to secure another place to live. We went the office yesterday March 11, wanting to renew our lease that ends on the March 18 and we were told they already rented our my families apartment to some else. Now they are waiting to reach the... View More

Linda Liang
Linda Liang
answered on Mar 13, 2024

Yes and no. If you look at the lease closely, there should be a provision discussing requirement for notice for renewal. If the lease requires you to give a notice but you did not, they can sign a new lease assuming you are not to renew. If the lease does not state you should give a notice, you... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my apartment be rented to someone else before our lease is up?

We initially Gave them 60 day notice (that they require) to vacate, Anticipating that would move when lease expires on March 18. Unfortunately were unable to secure a place, so we decided to renew it as it is only March 11. When we went to office today we were informed that they rented our... View More

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about your difficult situation. The laws regarding your rights as a tenant can vary depending on the specifics of your lease agreement and local landlord-tenant laws. Here are a few key points to consider:

1. Notice of intent to vacate is generally not binding until...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: County demolished the house I lived in without notice can I sue them to try and recoup some of my losses.

The house I had lived in for the past 12 years was recently demolished by the county due to code enforcement violations which the owner of the property had not taken care of over the course of several years despite code enforcements repeated efforts to get him to comply. Unfortunately I and the... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems the county may have violated your rights as a tenant by not providing adequate notice before the demolition. In most jurisdictions, tenants are entitled to proper written notice to vacate, usually 30-60 days, even if the property owner is not... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Falsely evicted. House had mold. Landlord did not respond and fix in a timely manner. Can you assist?

Back in October 2022, we contacted our property manager due to tiles falling off the wall. After several attempts and not complying, we started withholding rent. In June we served them a 7 day notice to attempt to fix. Nothing was done. We had 3 Petri dishes set out over 3 periods of time all... View More

Phil Revah
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Phil Revah
answered on Mar 10, 2024

Florida law is very strict when it comes to responding to an eviction suit filed by a landlord. In order to raise any defense, the tenant must deposit the rent into the court registry (regardless of the existence of mold, etc). In order to properly raise a defense to the eviction case, first rent... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I was living with a friend with no lease sh Er kicked me out and destroyed my property. Can I have her arrested?

We had a disagreement I left she immediately started destroying my property and throwing it out in the yard. I tried to retrieve my things she had me trespassed and continues to destroy my property. Law says I can't do anything as far as criminal charges on her.

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about your difficult situation. However, based on the information you've provided, there may be some legal recourse available to you, even if criminal charges are not an option.

1. Civil lawsuit: You may be able to file a civil lawsuit against your former friend...
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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can the property manager charge me $500 more to move in when it's not on the welcome letter or outlined in signed lease?

Landlord says I need to pay $3000 to move in, but the deposits, pro-rated rent, first month's rent, community's fees, pet deposits and pet rent do not add up to $3000. Instead, it adds up to $2500. I asked the property and they said I'm forgetting pet fees and the math is right.. but... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 2, 2024

You seem to have answered your question yourself. You are basically asking if the other party to your contract (the overall deal you made) can add a charge that you did not agree to, for no reason. Of course not. I suggest you give the landlord your written itemized figures and ask if you're... View More

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1 Answer | Asked in Construction Law and Landlord - Tenant for Florida on
Q: They are building a new complex next to mine, the Construction often starts at 5am. I don't want to pay my full rent.

It's been going on for nearly 2 years now. Theres always dust in my apt, i cant ooen the windows etc. BUT Since the holidays they have been starting Construction at 5am a few times per week. Other tenants here have called the police but it still happens. I have videos and photos of the... View More

James L. Arrasmith
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answered on Mar 31, 2024

I understand your frustration with the ongoing construction and the negative impact it's having on your quality of life in your apartment. The early morning noise, dust, and inability to open windows are all valid concerns. Here are a few steps you can consider taking:

1. Review your...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord/Rent Question I’ve been fined for a “trash violation.” We have valet trash where I live, and the ot
James L. Arrasmith
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answered on Mar 31, 2024

I understand you have a concern about being fined for a trash violation despite having valet trash service at your residence. To provide the most helpful advice, I would need some additional details:

1. What specifically was the stated reason for the trash violation fine? Was trash not...
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1 Answer | Asked in Consumer Law, Personal Injury and Landlord - Tenant for Florida on
Q: Violation of Florida's Implied Warranty of Habitability and Section 83.64 Prohibited Practices

- Maintenance requests ignored, leading to uninhabitable living conditions

- Retaliatory conduct by maintenance personnel, including threats and property damage

- Misrepresentation of completed repairs, non-compliance with the Broward electrical code

- Ongoing and severe... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it appears that you and your fellow tenants are dealing with a serious violation of your rights as renters in Florida. The issues you've described - ignored maintenance requests, retaliatory conduct, misrepresentation of repairs, severe mold... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I received a letter of non-renewal and would like to know why and whether I can extend the date

My landlord hired a new property management company recently. Everyone in the apartment community received letters on our doors updating us on new payment guidelines.

I am a holdover tenant. Last month, I paid the firm in person and mentioned to them that I had sent via certified mail to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 16, 2024

Your lease is expired. You are a holdover. The landlord does not have to give you a reason, although they cannot discriminate against you because of your disability. However, the fact that you are a holdover may be something that the management company does not want to deal with. Also, you have 6... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is a tenant required to pay early termination penalty fees if he was given a 7 day notice to vacate in Florida?
Barry W. Kaufman
Barry W. Kaufman
answered on Feb 16, 2024

The early termination penalty is meant to compensate the landlord for the loss of rental income on the lease, because the tenant is electing to terminate the lease early. When the landlord terminates the tenancy, the landlord is one taking action to terminate; he is electing by choice to forgo the... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My lease is up at the end of February and my landlord wants to put us on a month to month lease.

She sent us a letter stating this dated January 16 but we’re not comfortable on a month to month lease so we’re deciding to leave March 1. My current lease states if we want to leave at the end of our lease we have to give a 60 day notice. If my landlord didn’t give us adequate time to decide... View More

T. Augustus Claus
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answered on Feb 15, 2024

In Florida, if your lease requires a 60-day notice to vacate and your landlord is proposing a change to a month-to-month lease as your current lease expires, the original lease terms typically remain in effect until explicitly altered by both parties. However, if your landlord's notice of the... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What Florida statute protects a disabled adult tenant from deception and intimidation causing great psychological harm?

Property manager began deception and intimidation by means of verbal threats of eviction. Then began a self-help eviction using an out of state eviction notice posted at disabled adult's home. For six months the property manager continued to deceive and intimidate the tenant through a variety... View More

Linda Liang
Linda Liang
answered on Feb 13, 2024

Florida Statutes 768 governs torts.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can the owner of a mobile home park charge an additional monthly fee/rent if it is not defined in the prospectus?

Let's say that Jim has moved back to his childhood home on lot 42 and the owner of the mobile home park now considers him an additional occupant. He charges lot 42 an additional $110 in rent. That amount nor the definition of an additional occupant is noted in the prospectus. The park owner... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 6, 2024

No one can answer this question without reading any documents that were signed between the parties and any documents that are in the public record. Whether or not that charge is legal depends on the reading and analysis of those documents. Not paying the charge would likely lead to an eviction.... View More

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