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Florida Landlord - Tenant Questions & Answers
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 for Florida on
Q: What do I do if I've gotten an eviction notice from my apartment And yet my landlord did not fix anything for over 8 mo

I have been living in my apartment for over four years my landlord originally charged me 500 a month he sold the duplex that I live in and a new company took over in the beginning the first thing I asked him was if my rent was going to change they said your lease would stay the same but it... View More

James L. Arrasmith
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answered on Nov 9, 2023

I'm sorry to hear about the difficult situation with your apartment and landlord. Here are a few options on how to respond to the eviction notice:

- Review the notice carefully - make sure it follows proper procedures and requirements under Florida law. If not, the notice may be...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am renting a room in a house. One of the other tenants told the house owner that he is moving out in 2 weeks...

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

Joseph Raymond Schwantes
Joseph Raymond Schwantes
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

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Eviction in my rights with an oral agreement not being held up on homeowners end

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

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant and Small Claims for Florida on
Q: Can I get compensation for fixing and buying my own garbage disposal?

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.

James L. Arrasmith
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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

1 Answer | Asked in Landlord - Tenant for Florida on
Q: In an Florida eviction case, can a plaintiff file an answer after a defendant responds?

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?

Terrence H Thorgaard
Terrence H Thorgaard
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

1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: I’m renting in FL without a lease. I’m moving out earlier than I said I would. Am I under contract or an at will tenant?

There is written communication of how long I would rent for.

T. Augustus Claus
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answered on Oct 12, 2023

In Florida, if you're renting without a formal lease, you're generally considered a "tenant at will." This usually means you or your landlord can terminate the arrangement with reasonable notice, which is often defined as the interval between rent payments. For example, if you... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Didn't get my security deposit back

Didn't get security deposit back after 30 days of leaving. Contacting them but they are stalling stating that I didnt clean ac filter. I leased for 2 months and I stayed only 1 month, was out of town for the rest of the time.

T. Augustus Claus
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answered on Oct 11, 2023

In Florida, landlords are required to return a tenant's security deposit within 15 days of the lease termination unless they intend to make a claim on it. If a landlord plans to make a claim against the deposit, they must give the tenant written notice of the claim within 30 days of the... View More

2 Answers | Asked in Landlord - Tenant and Personal Injury for Florida on
Q: Can I sue my apartment complex if my car got stolen from there there's no security no gate no cameras

They only have cameras at the gate they refuse to fix so u only see cars coming in n out that's it my car being stolen from ruined my life

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

It is highly unlikely you can successfully sue your apartment complex for the theft of your car absent very unusual facts and circumstances. But it does depend on the facts and circumstances.

Fortunately your car insurance should financially assist you under your comprehensive coverage.

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I take any legal action against my apartment complex if they did not send us a renewal or a nonrenewal letter?

My lease end with this current complex on October 15th. We have not received a letter for renewal nor a letter stating that they will not renew us. I first sent an email asking about renewal letters back in late June and they responded that they'd be sent out in July. Come July, nothing was... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

The following info is general educational information for this kind of situation. To obtain reliable legal advice, schedule a consultation with lawyer. Under Fla. law, when a tenant is on a year's lease, and the tenant decides to stay on with the landlord's consent but without a new... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I take any legal action against my apartment complex if they did not send us a renewal or a nonrenewal letter?

My lease end with this current complex on October 15th. We have not received a letter for renewal nor a letter stating that they will not renew us. I first sent an email asking about renewal letters back in late June and they responded that they'd be sent out in July. Come July, nothing was... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

To clarify my last answer here, if a tenant intends to vacate at the end of the current lease term, the tenant can generally do that without notifying the landlord any particular number of days in advance, and without further obligation to the landlord, unless the lease has language to the contrary... View More

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: My adult son won’t leave my house if I live on the same residence can I legally have my electricity shut off so they go

There’s no landlord tenant agreement. I’ve asked him repeatedly to move out. He says to evict them. I let him and his girlfriend move in because they need help out of the kindness of my heart. Now they’re destroying my property and stealing my property they’re not respecting anything I’ve... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2023

The following is general information for this kind of situation, not legal advice to rely on, for which you'd need to schedule a consultation with a law office. (That applies to all answers in this forum.)

You seem to be asking if you can totally shut off your electricity (100%) for...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: What to do if no deposit refund is received from rental property management in 30days?
T. Augustus Claus
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answered on Sep 22, 2023

In Florida, if you haven't received your security deposit or an itemized list of deductions within 30 days, you may take several steps to address the issue. First, you can send a written demand via certified mail to your landlord requesting the return of your deposit. If there's no... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can an apt mgr make you pay new rent increase BEFORE you lease is up? New rent 11/1/23. My lease expires 12/31/23.

Palm Port Apts in North Port, FL. Everyone is having the same confusing issue.

Charles M.  Baron
Charles M. Baron
answered on Sep 21, 2023

Only if the lease says the landlord can do it. Ask the manager which lease provision permits rental increase during the lease term. If not permitted under the lease, you may want to hire an attorney to send a letter, or if you cannot afford that because you're indigent, contact your local... View More

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: 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 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

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