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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Divorce and Family Law for Florida on
Q: Is it permissible for my Husband and/or his Lawyer to call my Landlord?

With help from my family I was able to escape an extremely abusive marriage. I’ve been living alone, in hiding from my estranged Husband for the past two years while my lawyer has been working to overcome my Husband’s (& his Counsel’s) deliberate delays as well as both of them obstructing... View More

T. Augustus Claus
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answered on Sep 18, 2023

In Florida, it is typically permissible for your husband's lawyer to contact your landlord, especially if it is relevant to the ongoing legal proceedings. However, given your concerns about privacy and safety, it's important to take steps to protect yourself. First, discuss your concerns... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: I rented out an Airbnb for the weekend and when we got ready to go to bed I felt something biting me it was bed bugs

What should I do I was terrified and scared to go to sleep I stayed up the entire night.My daughter literally scratched until blood was coming out her arms from the bed bugs.I asked for a full refund the owner said no and denied that there were any bugs when I have videos and pictures of the bugs... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 18, 2023

You must review AirBnb's terms and conditions for resolving disputes. They have a process that you agreed to when you reserved the unit. That process entails first contacting the unit owner with your proposal for resolving the issue (for example, demanding a full refund), then there are... View More

1 Answer | Asked in Consumer Law, Contracts and Landlord - Tenant for Florida on
Q: Is it legal to force tenants to use the broadband company their management company requires?

I live in Palm Harbor FL at a ZRS Managed Property. From day one they were aggressively adamant that I had to use WOWAY Internet Provider since that's who they worked with. I found that a little odd since in my decades of living in Apartment Complexes from New York to New Orleans I had never... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 13, 2023

Welcome to Florida -- yes, it's different. Generally, the way I interpret this is the service providers cannot demand it is exclusive but that would not stop an owner from requiring a tenant to use an exclusive provider. Tenants have the option of entering into a lease with all kinds of... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord filed an eviction without delivery of a notice

My landlord filed an eviction without an eviction of a notice delivered to me. I confirmed this via the post office that it was not delivered, as there were two unsuccessful attempts made as I was not home to receive this. Doesn't this violate my tenant rights? Do I have a case with this proof?

John Michael Frick
John Michael Frick
answered on Sep 10, 2023

No. Your landlord is required to send you the notice. If you refuse delivery, that’s on you.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I rented a studio. Became ill from mold and mildew inside and outside..city officers found the place to be illegal.
T. Augustus Claus
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answered on Sep 5, 2023

If you've rented a studio in Florida that has issues with mold and mildew, and city officials have deemed the place to be illegal, there are several steps you should consider taking. First and foremost, document the issues thoroughly with clear photos and videos, both inside and outside the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I need help with a property management dispute in Miami. The management is claiming against me due to a water leak.

The management company of my condominium accuses me (my unit) of causing damage to the unit below and flooding the entire exterior hallway due to a leak that allegedly originated in my bathroom.

My unit wasn't flooded or in any way damaged. They inferred that my tenant ought to have... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 29, 2023

If the leak was caused by a pipe serving just your unit, even if it did not damage your unit, you are liable. If the leak is caused by your A/C, water heater, dishwasher, drains, toilets, etc., you are liable for the damage. This is why it is important to have insurance -- that and in case of a... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a letter from the courthouse I got eviction last year on my letter stating dismissed with pre-judice and $0.00

What does it mean I keep getting different answers

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2023

One would have to read the "letter" to be sure, but it appears that someone, perhaps your landlord, sued to evict you. The judge appears to have dismissed the case "with prejudice"; that means that the plaintiff (the person who sued you) is not allowed to sue you again for the same thing.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a notice of lack of prosecution to show up to court my debt has been submitted to collections who do I pay?

From a previous landlord

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 17, 2023

A "lack of prosecution" hearing is for the plaintiff (person suing) to show the judge why the case should not be dismissed, generally because nothing has happened in it for some time. You don't need to show up, and it will be dismissed eventually unless you can be served with... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord gave me a 7 day notice to move. This was after I called code enforcement about a mold problem. I c

I am having a hard time in finding a apartment and don’t want to stay due to respiratory problems I developed while living here. What are my option to extend the 7 days

John Michael Frick
John Michael Frick
answered on Aug 11, 2023

Your best option is to offer your landlord a sum of money acceptable to the landlord to extend your seven day move-out notice. Since your reported the landlord to code enforcement, expect the amount requested for an extension to be significantly higher than simply prorated rent.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a storage facility take pictures of the inside of my storage unit without permission?
T. Augustus Claus
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answered on Aug 7, 2023

Storage facility policies regarding taking pictures of the inside of storage units can vary. In some cases, storage facilities may have clauses in their rental agreements that allow them to take pictures of units for inventory or documentation purposes. It's important to carefully review the... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: Can I be denied rental for credit score if no minimum is stated
T. Augustus Claus
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answered on Aug 4, 2023

In Florida, as in many other states, landlords have the right to consider a prospective tenant's credit history when making rental decisions. A credit score is often used by landlords as a factor in determining whether to approve an applicant's rental application. However, there are... View More

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: landlord put an eviction in my name cause my parents are undocumented i never signed any contract,can i get it expunged?

never signed any form of contract i was the only member in the household who is documented, living state is haines city florida

Charles M.  Baron
Charles M. Baron
answered on Jul 30, 2023

If you mean the landlord filed an eviction suit, and by "expunge", you mean erased from the court records, the answer is no. That would be the case whether you win or lose the lawsuit. If the eviction suit is still pending, hire a lawyer to try to get it resolved without an eviction... View More

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: I signed a lease on 7/23 for move in on 8/1. Landlord changed their mind about renting the home due to sentimental value

No deposits or money has been paid as of yet. It's a month to month lease.

The landlord said they got cold feet and just isn't ready to rent the property.

Can I still move in on 8/1?. *Question is here which the answering attorney may have missed*

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 24, 2023

You didn't ask a question.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Apt. Lease in Jax, FL states a no smoking policy inside and outside. How do we have this enforced? Pot smoked every day

34.17.1 You agree and acknowledge that this Property has been designated as a smoke-free living environment. You, Your Occupants, guests or invites shall not smoke or permit others to smoke anywhere in or on the Property. You shall inform Your Occupants, guests and invitees of the no... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 24, 2023

It would be my guess the police cannot arrest anyone unless they witness them smoking the pot themselves and have access to the outside area to make the arrest. Police do not usually use recordings from third parties as the sole basis of an arrest.

The apartment complex is likely not doing...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: I filed a "motion for the court to determine the rent" included in my response to an eviction summons.

I filed a "motion for the court to determine the rent" included in my response to an eviction summons. The judge approved and responded with a "Notice of Hearing and Order to Appear via Zoom"- included in this was an order for us to pay $3200, as I mentioned in response to the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 21, 2023

Read the statute. You are required to pay rent during the pendency of the litigation.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My commercial building lease expired July 15. I recently received notice that the property owner will no longer be

leasing the property, which has multiple tenants. September 3 is the date to vacate. Am I required to pay rent during this notice/move out period?

T. Augustus Claus
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answered on Jul 19, 2023

Typically, the terms regarding rent and notice periods should be outlined in your lease agreement. It's essential to review your lease carefully to determine the specific terms and obligations in your situation. Lease agreements can vary, and they often dictate the rights and responsibilities... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Legal recourse for persistent upstairs neighbor noise? Property manager and police involvement unsuccessful. Next steps?

For over two months, my neighbors have been consistently engaging in disruptive activities, including random stomping and running, resulting in significant noise disturbances throughout the day. Despite my numerous attempts to address the problem, such as contacting the property manager through... View More

Tiffani K. Thornton
Tiffani K. Thornton
answered on Jul 17, 2023

Depending on the terms of your lease agreement and additional circumstances, you may have a claim for breach of the covenant of quiet enjoyment. I generally recommend seeing an attorney about issuing a formal demand for resolve then reviewing if it makes sense proceed with a termination or... View More

2 Answers | Asked in Contracts, Landlord - Tenant and Probate for Florida on
Q: Sibling moved into house before probate finalized. Also, added an rv and rented out the property, and a studio.

I have a legal fiduciary, granted by the courts, he is ignoring this matter.

James Clifton
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James Clifton
answered on Jul 12, 2023

If he is violating Florida laws or a probate court order regarding your duty as the personal representative, you can request that the court hold the sibling in contempt. It is typically an in-depth legal request, so you will likely want an attorney to represent you. Schedule a free consultation to... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hello, is it legal for a management company to offer no fee free way to pay monthly rent?
T. Augustus Claus
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answered on Jul 12, 2023

Yes, it is generally legal for a management company to offer a no-fee or free method for tenants to pay their monthly rent. Many management companies provide various payment options to accommodate tenant preferences, which may include online payments, direct deposit, or other convenient methods.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: my daughter and her boyfriend was scheduled to move 6/30 but they couldn’t move until07/05 because they were both out

Of town but they paid their 1st month’s rent through the residential portal and notified the leasing office that they will not be able to move until 07/05. On 07/05, my daughter went to pick up the key and she was informed that they needed to sign a new lease. The new lease is $280 more a month... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2023

I find it difficult to believe that the lease can be "cancelled" simply because they didn't move in at the beginning of the lease term. You might want to review the text of the lease for any language that might suggest that. If they refuse to put it in writing, it wouldn't... View More

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