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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Florida on
Q: Can I sue Airbnb for discrimination, reckless endangerment and ultimately for the unjustified removal of my account?

N/A

James L. Arrasmith
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answered on May 24, 2024

Yes, you can sue Airbnb for discrimination, reckless endangerment, and the unjustified removal of your account, but there are several steps you should take to build a strong case. First, gather all relevant evidence, including emails, messages, screenshots, and any documentation related to your... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can a landlord put a lockbox on the property while tenants are living in the property without your consent or agreement?
Jacqueline Alicia Salcines
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answered on May 3, 2024

Absolutely not if residential. That’s calls self help eviction and very frowned upon. Speak to a lawyer to assist you

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord is harassing me, blowing up my phone and threatening to evict even tho I’ve moved out.

I asked for my security deposit that my lease states I have gave her and I have messages of her saying she’ll return it. But as we were getting ready to leave she stated that it wasn’t a security deposit then proceeded to send me a screenshot of my eviction notice and when I asked why she said... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 2, 2024

You need a lawyer. Contact Legal Aid for help if you cannot afford an attorney. It doesn't sound like she's playing by the rules, and she is required to play by the rules (Florida Statutes). A lawyer will be of immense help.

1 Answer | Asked in Contracts, Divorce, Family Law and Landlord - Tenant for Florida on
Q: MY WIFE AND I LIVE IN AN RV THAT BOTH OF OUR NAMES ARE ON. WE BOTH JUST RECIEVED A LOAN ON THE RV TO HAVE ALL OF OUR

CREDIT CARDS PAID OFF. AS SOON AS SHE RECIEVED THE MONEY SHE PAID OFF HERS AND LEFT MINE IN DIRE STRAITS THEN TOLD SHE WAS GOING TO FILE FOR DIVORCE THAT I NEEDED TO MOVE OUT SHE HAD THE RV PARK CHANGE THE LEASE TO JUST HER NAME AND SAID I WASN'T ALLOWED TO COME AROUND ANYMORE THAT IS MY HOME... View More

James L. Arrasmith
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answered on Apr 30, 2024

I'm sorry to hear about your difficult situation. It sounds like a stressful and upsetting experience. In California, both spouses have a legal right to access the marital home, even if only one spouse's name is on the lease. Your wife cannot legally force you out of the RV or prevent you... View More

2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord does not return my deposit can I stay until the deposit runs out
Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

No. You must leave no.later than the day your lease expires.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal in Florida for me to rent out a property for vacation rentals if I'm renting it annually or renting to own?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 16, 2024

That depends on the language in any documents you signed for the rental/lease to own, which we cannot review in this online forum. You would need to check these documents to see if there is a prohibition against subleasing and, if you are in a community association, you need to check with the... View More

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1 Answer | Asked in Landlord - Tenant, Communications Law and Constitutional Law for Florida on
Q: Me and my children are renting a room where the landlord stays here as well these

last couple of days the landlord has been shutting off the power all day and cutting it on for maybe a hour what can I do this is ridiculous

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear you're dealing with this frustrating and unacceptable situation with your landlord repeatedly shutting off the power for extended periods. Here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses about the landlord's...
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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: Real estate law and fraud, contract made up and Supposidly got a loan on the equity on my home thru a LLC COMP

Name of the Title and deed without telling me and has dated it for

January 2022, which I didn’t even know them yet. Secondly, they did not pay me for the sale of house the full amount that they told the clerk of court thirdly was supposed to have an escrow account and they have yet to... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems there are several serious legal issues and potential fraud involved in your situation. Here are a few key points and recommendations:

1. Fraudulent deed transfer: If the title and deed to your home were transferred to an LLC without...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: my new wife nancy has been ordered out of her room today without legal notice or any reason. we offered her to pay rent

rent for april but landlord refused it. we can be out y end of month but need time to make arrangements. what are our options

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your difficult situation with your landlord. It sounds very stressful to be ordered to leave without proper notice. Here are a few options and considerations:

1. Review your lease agreement carefully. Most leases require the landlord to provide proper written...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: GOO AFTERNOON, WE RECEIVE A NOTICE TO TENANT OF TERMINATION FROM THE HOA LAWYERS. WE NEED TOSEE IF WE CAN GET MORE TIME.

TO FIND A NEW PLACE TO LIVE.

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 10, 2024

This is not how things work. There's no legal proceeding that would allow you more time. When the lease is terminated, that's the end and you must leave. If you remain, the HOA and/or the landlord can file an eviction complaint against you. The LAST thing you want is an eviction complaint... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my apartment change my liability insurance requirements midlease because of company policy changes?

I live in Florida and signed a lease with an insurance liability addendum that states 100k in coverage. We received an email stating this amount would go up to $300,000 and if we did not increase our limit we would be charged $8 a month. They said they will never adjust our lease however company... View More

Linda Liang
Linda Liang
answered on Apr 10, 2024

They shouldn't if the lease stipulates the amount without exception. Whether they can do or cannot do such thing depend on the terms of the lease. You should review the lease and ask them for explanation.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Mobile home

Hello. I bought mobile home in trailer park in Florida 19 years ago. I had lease for one year which was automaticly renewed each year. About year ago my landlord wanted sale the property and gave me 2 months to get finances. I asked him for more time but I got no answer and after 2 months was the... View More

Linda Liang
Linda Liang
answered on Apr 7, 2024

You said you bought mobile home 19 years ago, then the landlord wanted the sell the property. What is the property? The land? The landlord want you to get finance? for what? to purchase the land? How come you became homeless if the land is sold?

it seems that you are not very clear as to...
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1 Answer | Asked in Family Law and Landlord - Tenant for Florida on
Q: Can my parents kick me(27), my wife(24), and my 2 year old son out w/o notice and with a verbal agreement to pay rent?

Im 27 male, I have been living with my parents since around August 2023 when my wife and I had a breakup. My wife and I have a 2 year old son that also lives with us. When i moved in with parents in august I was rent free but around mid January 2024 my wife and I started working on things and got... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're in a challenging situation, and it's important to know your rights in this case. Even though your agreement to pay rent is verbal, you are considered tenants under most local housing laws. This usually means that your parents, as landlords, cannot evict you without... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can the Landlord change his mind after we both signed the lease and he except the security deposit rent to someone else

Not two weeks ago we both signed the lease took it to section 8 they say 14 business days for you inspection now the landlord said he want to rent to someone else I'm a disabled senior with medical conditions this is no acceptable to be treated like this

James L. Arrasmith
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answered on Mar 30, 2024

Once a lease agreement is signed by both the landlord and the tenant, it becomes a legally binding contract. This means that both parties are obligated to adhere to the terms set forth in the lease. If your landlord attempts to rent the property to someone else after signing the lease with you and... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it legal for my landlord to list my occupied property, being paid monthly, for rent 'available now' with no notice?

Pasco county Florida

James L. Arrasmith
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answered on Mar 28, 2024

In Florida, landlords must adhere to specific laws and regulations regarding tenant notifications and property listings. If your property is currently occupied and you're actively paying rent, your landlord generally cannot list it as 'available now' without providing you with proper... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I got eviction papers had approved rental assistance willing to pay more than I owe within the time of the 3 day

I did pay half my rent they accepted got receipt next day I got a 3 day notice I had gotten rental assistance within the limit of notice tried to pay or let landlord know she even talked to rental assistance lady but still refused can they evict me got papers today but I complied within the 3 day... View More

James L. Arrasmith
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answered on Mar 28, 2024

If you've received eviction papers despite having approved rental assistance and making partial rent payments within the time frame of a 3-day notice, it's important to understand your rights and the next steps you can take. Each jurisdiction has specific laws regarding eviction processes... View More

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

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