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Florida Landlord - Tenant Questions & Answers
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

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can I sue my leasing company for unsafe conditions such as no fire alarm or carbon dioxide detectors?

After living in my rented single family home for over 3 years I was sitting in my kitchen speaking of fire alarms and noticed I do not have 1 single alarm in my house. Is that legal? Can I sue?

T. Augustus Claus
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answered on Feb 2, 2024

In Florida, landlords are legally required to provide a safe and habitable living environment for their tenants, which includes ensuring the presence of working smoke detectors and carbon monoxide detectors in rental properties. If you've been residing in the rented single-family home for over... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Lived here for 2 years name isnt on lease they gave me 2 weeks to move do I have to leave in 2 weeks

Lakeland flordia

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 29, 2024

Are you paying rent, or is there an agreement for you to pay rent (makes a huge difference). If you are not on thr lease and you have no agreement to.pay rent, you need to.leave. end of story

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Q: I am a property owner of a 4-plex in which a rental co has long term lease for all units.

Can I trespass their maintenance worker/gardener if they are defacing my property during the course of their work. Example, spray painting on building where they want tenants to place trashcans, even after they have been told by property owner that they will be placed somewhere else.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 28, 2024

Depends on what you mean by "trespass". You probably can get away with peaceably confronting the worker and notifying them that you are the owner and that they are not to deface your property. Follow it up with a mailed notice to the lessee, perhaps from your attorney.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Property Management Lawyer wants my husband to sign a contract which he doesn't want to

My husband was behind in paying the property management the monthly fees they finished sending his case to a lawyer, he had to sign a contract whih he nevr did because he didn't agre on some things.

Finally he paid al that he owed but they haven't cleared his name they say he... View More

James L. Arrasmith
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answered on Jan 21, 2024

In this situation, it's important to request a detailed statement from the property management company or their lawyer, outlining exactly what is owed. This statement should include any outstanding fees, legal costs, or other charges. Having a clear breakdown will help in understanding the... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: in Florida do both husband and wife need to own a mobile home to have privileges as owners on leased land?

The husband and wife buyers were both approve by the park. The couple chose to put the mobile home in the wifes name. They have not signed the lease yet.

James L. Arrasmith
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answered on Jan 21, 2024

According to Florida law, it is not strictly necessary for both spouses to be named on the title to a mobile home or be co-signers of a land lease in order to have rights and privileges associated with the property. Some key points:

• Florida recognizes rights of a spouse with regards to...
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2 Answers | Asked in Animal / Dog Law, Personal Injury and Landlord - Tenant for Florida on
Q: Can my husband be fired from his job if we sue his employer for a dog attack on her property?

I was attacked by a pitbull in the mobile home park I live in and my husband works for. If we attempt to make a claim, can his employer fire him? Can we be evicted? I've already been threatened by the landlord/employer. Due to the park managers negligence and lying claiming the dog was a... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 9, 2024

Anyone can sue for anything but they won’t win in your fact pattern. A person fired from a job can sue based on a theory of “retaliatory discharge”. Additionally, a tenant can defend against an eviction based upon the defense of “retaliatory eviction.”

If you want to be sure that...
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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Florida on
Q: Wat to do when tenets an manager violate my privacy an I was writin up for wat i reported to management an tha others go
James L. Arrasmith
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answered on Jan 8, 2024

If your privacy has been violated by tenants and a manager, and you've been reprimanded for reporting this issue, it's important to understand your rights and the appropriate steps to take. Firstly, review your lease or rental agreement to understand the privacy terms and conditions... View More

2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for Florida on
Q: Can u landlord evict u for suing them over a dog attack they r liable for. Is there anything legally I can do to avoid

I was attacked by a pitbull in the mobile home park I live in and my husband works for. The landlord is liable and she has already threatened me. I want to sue for the lifelong injuries I've sustained and the horrendous pain I'm constantly in. I don't want to be evicted for something... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 8, 2024

No, your landlord cannot threaten you with eviction because you have the right to sue him for your damages. If he did start an eviction case, you could defend with the “retaliatory eviction defense” under Florida law. You should retain counsel here in Central Florida for contingency fee... View More

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Is my lease still valid if I signed 8/2023 come to find the company’s LLC dissolved in 9/2022?

I am having to move and they are saying I have to pay remainder or rent for 6months including my deposit, have heard shady stuff about the company so I did a quick search and found this out. I’m in Orlando, Florida

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 7, 2024

It depends how the lease was signed. Also, the LLC may not be the right party to the lease but the terms may inure to an individual. You need to read the lease to understand more. Basically, they shouldn't be creating new terms, and you shouldn't be unjustly enriched because the LLC... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: One year term - monthly home lease in Florida without exit clause. Can it be broken without paying for the full year?

Elderly couple on fixed income selling their home in Florida with an August 21, 2023 closing date. They were required to be out of the home prior to the closing date. On July 13th they leased a residence based on a one year term, monthly payment lease and moved in. The lease had no "early exit... View More

Timothy C Martin
Timothy C Martin
answered on Jan 19, 2024

A signed lease is a legal contract between the parties. In this situation, the elderly couple signed a one-year lease, so the landlord can hold them responsible for it. If the lease allows, the unit could be sub-let to another renter, but the couple will be responsible for rent until that happens.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: new home, owner wants me to pay for the water of the new sod.
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 8, 2024

Is there a question? Generally, unless there is language stating the landlord is responsible for watering the grass, the tenant is responsible for this.

1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: ASSISTED LIVING FACILITY- annual increase amount notice received. no mention of re-categorize unit and charge more money

my father lives in an assisted living for 2+ years. The resident agreement states they can raise the rent annually and also make a cost of living adjustment annually. In addition, they can raise the rates on the nursing services. Written notice 30 days prior. We received a notice on 12/1/2023 that... View More

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

A Florida attorney could advise best, but your question remains open for two weeks. A starting point could be to make another request for an explanation. If you contemplate disputing, you could check the agreement/contract as to any provisions for the resolution of disputes (arbitration, courts of... View More

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