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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 
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
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.
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
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
Hi, I’m moving out of my apartment soon and my landlord has informed me that I need to either pay them $320 or a third party for professional cleaning of my unit (receipts required). This is all required before a move-out inspection has been done (2+ weeks before moving). I have reread my lease... View More
answered on Jan 2, 2024
It looks like they are claiming that there is a separate document entitled “cleaning instructions” and that this document was provided to you. Ask them for a copy and for proof that the "cleaning instructions" were in fact provided to you.
Where do i stand
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answered on Dec 17, 2023
In your situation, the key factor to consider is the terms of your rental agreement with your friend. If you had a formal lease, its terms typically continue to apply, even after the passing of the landlord. This means you have the same rights and obligations as before, until the lease expires.... View More
I have never missed a payment. And my landlord has not given a reason why he wants to terminate the rental agreement.
answered on Dec 15, 2023
He can terminate the agreement at any time and doesn't have to give you a reason.
Over a year ago, I formally submitted a request to my HOA's management company, complete with necessary documentation, seeking approval for a Radon mitigation fan installation. Despite engaging with the HOA management for over four months, my inquiries were met with vague responses. Even... View More
answered on Dec 13, 2023
Generally, anyone can sue anyone else but whether or not you have a case depends on a lot of factors, including a reading of your association documents, which we cannot do in this online forum. How you proceed depends on if you live in a HOA (generally, single-family home, townhomes, villas) or a... View More
My tenant would like to buy, maintain, and remove said shed when the lease is up. Can I word a form that all parties sign that would limit/remove liability from the owner and place on the tenant if anything were to happen?
answered on Dec 11, 2023
You should consult an attorney to draft such a contract. DIY contracts are generally headaches as soon as something goes awry.
I paid for nearly all the items he wants to take. Additionally he says he is going to come back with the police and force me to let him take them or have me arrested. Do I have to allow him to take what I paid for or what was purchased for the home? Can I file anything with the court to refuse his... View More
answered on Dec 8, 2023
In Florida, property rights and disputes between unmarried cohabitants are generally governed by principles of contract law and property ownership. Since your boyfriend is not on the lease, and if you have proof of purchase for the items he wants to take, you may have a stronger legal claim to... View More
The judge further ordered “the court orders the defendant to file an answer within 20 days of this order”
Does that mean i have 20 days before the plaintiff can file a motion for default judgement?
answered on Nov 30, 2023
Yes. You now have 20 days to file an answer, and the plaintiff's motion for default would not entered by the clerk (or should not be, and if it was, you'd have an airtight reason for the default to be vacated).
increase in aprtment monthly fee and healthcare services and incidental charges:
community will employ cost control measures consistent with sound financial practices and the need for regular and continued maintainence of the community and the level o services provided. Resident... View More
answered on Nov 29, 2023
Yes, that appears to be what it means. Like other rental contracts, the price can usually go up periodically, yearly in this case.
They looked into my rental history and found an apartment complex that I rented from but had just that they rented to me it had no information they contacted the apartment complex and they said that they had deleted my file because they were Under New Management and there was no bad information in... View More
maintenance of the property is only average. No special amenities.
answered on Nov 17, 2023
Yes. The landlord can raise the rent when you enter into new lease.
I invested in an apartment application, but unfortunately, my bad credit led to a denial. However, I managed to find another company that offered assistance in securing the apartment. Now, they have unexpectedly given me a tight deadline of 48 hours to come up with $5,000 or I lose the place. Is... View More
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answered on Nov 16, 2023
In Florida, the legality of demanding a quick payment like $5,000 in 48 hours for an apartment can be questionable, particularly if it wasn't clearly stated in the agreement you signed with the company. It's important to review any contract or agreement you have with them to understand... View More
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answered on Dec 15, 2023
In Florida, the use of cameras in private living spaces, especially in areas where individuals have a reasonable expectation of privacy, is a sensitive legal issue. If a camera is placed in a shared living space, such as a room where you get dressed, this could potentially violate privacy laws.... View More
this was a month ago and he is still here. can the owner do anything to make him leave soon? (the renter is VERY messy and inconsiderate of the other renters so the sooner the better). no lease agreement was made
answered on Oct 31, 2023
If there is no written lease, then the duration of the tenancy is based on the frequency with which rent is paid. If it is a month-to-month arrangement, then the landlord can terminate the "tenancy at will" with 15 days notice before the end of the monthly term. An attorney should... View More
Hello! My leasing office has taken a week to fix a broken garbage disposal and I called yesterday to come fix it they have not. My Sink is extremely backed up.
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answered on Oct 23, 2023
In Florida, landlords are generally required to maintain the rental property in a habitable condition. If the broken garbage disposal is causing your sink to be backed up and rendering it unusable, it may be considered a necessary repair. Before taking matters into your own hands, it's... View More
Almost purchased to provide for my son and myself we were promised no rent until after my son graduated high school I was then shocked and surprised to find out they were selling the home because the potential new buyer had knocked on the door asking to come in and take pictures. I let them in they... View More
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answered on Oct 23, 2023
In Florida, oral agreements, although harder to prove than written ones, can be enforceable. If you had an oral agreement with the homeowner about living in the property rent-free until after your son's graduation, and the homeowner did not uphold this agreement, you might have a defense... View More
I filed an eviction, the defendant responded but made assertions in her response that I would like to refute. Can I issue a response or do I have to wait for a hearing to respond?
answered on Oct 18, 2023
If you want to comply with the Florida Civil Rules, it's unnecessary to file such a response. One does not file a response to an answer; it's unnecessary, because Civil Rule 1.110 (e) provides that "... (e) ... Averments in a pleading to which no responsive pleading is required or... View More
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