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Florida Landlord - Tenant Questions & Answers
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

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If it’s not stated in my lease, can I be required to pay for professional cleaning before moving out?

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a week-to-week verbal rental agreement with my landlord. Can my landlord terminate the agreement at any time?

I have never missed a payment. And my landlord has not given a reason why he wants to terminate the rental agreement.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 15, 2023

He can terminate the agreement at any time and doesn't have to give you a reason.

1 Answer | Asked in Personal Injury, Real Estate Law, Health Care Law and Landlord - Tenant for Florida on
Q: Can I sue my HOA for radon exposure and for denying my architectural request for a mitigation system?

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

Barbara Billiot Stage
Barbara Billiot Stage
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

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I make a form that limits my owners liability if a tenant buys a shed and maintains it?

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?

Barry W. Kaufman
Barry W. Kaufman
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.

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: My boyfriend just moved out. He left things that he says he wants to come back for. He is not on the lease.

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

Charles Chukwuma Nkwoka
Charles Chukwuma Nkwoka
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

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord is not renewing lease, but he has discriminated against me since July 26th, 2023
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 5, 2023

This is not a question, but a statement.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: The judge issued an order in my eviction case denying my motion to dismiss the plaintiffs complaint and further ordered

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?

Barry W. Kaufman
Barry W. Kaufman
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).

1 Answer | Asked in Elder Law and Landlord - Tenant for Florida on
Q: assisted living facility--does this paragraph mean they can increase all 3 each year?

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

Terrence H Thorgaard
Terrence H Thorgaard
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.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a rental property deny renting to me do to lack of rental history

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

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 19, 2023

Yes. They can.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi. can a landlord of low-income property just raise your rent when you are disabled? limited income? passed 55 years

maintenance of the property is only average. No special amenities.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 17, 2023

Yes. The landlord can raise the rent when you enter into new lease.

1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: I invested in an apartment application, but unfortunately, my bad credit led to a denial. However, I managed to find ano

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

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant and Civil Rights for Florida on
Q: I live in FL inshared room,who put camera inside front door where we exit and enter, and where I personally get dressed
James L. Arrasmith
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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

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