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Florida Landlord - Tenant Questions & Answers
Q: Can I sue for condemned condo?

We rent a condominium in Aventura, FL. Recently we had an electrical inspection, where the result was the condo being condemned. The owner wants to sell instead of repair the problems. Is there anything we can do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 13, 2020

Unless you have a written lease that says otherwise, you are not obligated to pay any more rent because you will be required to move. If you do have a written lease you can be sure the landlord will not renew it because he cannot do that if the condo is condemned. Finally, suing is possible, but... Read more »

3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is the eviction memorandum extended un Fl
Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 10, 2020

The executive order signed by Governor DeSantis is subject to a lot of controversy and legal interpretation. The latest order puts a moratorium on evictions of those affected by COVID-19 with no definition of what qualifies as "affected." Landlords have started filing evictions and it... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: We have been renting the same home since 2013. Our landlord has decided this year to not renew the lease. Covid 19

We lost our jobs due to pandemic and will be homeless by Sept30 We have 4 kids and 2 have special needs. We cant find a home to rent and cant show working income so we have NOWHERE to go. I dont know what to do. For being long time tenants and paying our rent we cant even qualify to move because... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 8, 2020

There is nothing anyone can do about the landlord's decision not to renew your lease at the end of September. The good news is that September 30 (BTW, there is no 31st) is at least 52 days away, which sounds like more than enough time for you to locate some local city or county agencies... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord deduct labor costs for fixing damages from the security deposit?

My landlord has charged $150 for labor costs from my security deposit for things I didn’t damage and that were documented in my walk through. The labor cost is to cover fixing a ceramic wall mounted toilet paper holder that broke a few days after we moved in that we documented. Normal wear and... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 7, 2020

Labor for what? You should ask for an itemized list of the things that required labor. If its to fix wear and tear (for which you are not responsible), I think she's full of it.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: In pinellas county Florida can a landlord evict me in 3 days with a pandemic?

Called the management team in the office said they would work with me and then gave them $ 200 said I would have until 8/19 they lied put a 3 day notice on my door

Barry W. Kaufman
Barry W. Kaufman answered on Aug 7, 2020

They cannot evict you in 3 days. Read the notice. However, if you don't pay the rent in full by the end of the 3 days they can file a complaint for eviction subject to the governor's executive order governing eviction actions during the pandemic. It doesn't matter what anyone told... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: As a landlord in Orlando, Florida who is renting a unit. Can I require the tenant to muzzle their pit bull when outside?

My tenant brought in a dog we had agreed to with an increase of rent and the condition that it be muzzled for the protection of others. She is now refusing. Can I require her to do so and take another actions?

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 6, 2020

Probably, assuming that the lease was properly modified to that effect, in a writing signed by both parties.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: How long does a landlord have to charge me for "damages?"

I moved out of my apartment on 6/24 & got a final statement of $0 on 7/17. I received a new statement on 7/30 for $35 for broken blinds. It is my understanding that it should fall under normal wear and tear. The blinds cost $6 at any local store. Can they really charge me this especially since... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 6, 2020

Yes they can, and it doesn't matter than blinds cost $6.00 at some store. The LL has to pay someone to remove the old blinds and install new ones. Why would broken blinds be normal wear and tear? Dirty blinds, sure.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: tenant welcome letter stated we had a month free rent but then stated we owed full amount after we paid what was due, le

Our property management company sent us a welcome letter stating we did not have to pay rent for the first month due to a special but later stated we owed for the month after the invoice was paid. Is this legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 6, 2020

This question cannot be answered properly without actually seeing the "welcome" letter and "invoice" and the written lease you signed.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Dear Lawyer! Our landlady emailed us that she changed our apt lock and we need to schedule an appointment to enter.

We are currently outside US and we received this news without stating any reason for the lock change. Also she said she will let us into our properly paid apt only during office hours and after a personal appointment (during pandemics!). We live in South Miami, Florida; international students from... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Aug 6, 2020

The easiest solution would be to schedule the appointment.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a tenant that rents a room in my home. She gave me a 30 day notice that she was vacating the property and will

leave on the 1st of Sept. it is a month to month.What can I do to make sure this happens. already have a new tenant that wants to move in on the 1st

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 4, 2020

The very first thing to do is to accept the tenant's written notice in writing, to make it a written contract. Then wait to see what happens later this month. You can come back here and ask again.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I rent a property, the landlord enters without notice (no one is home) when there’s no emergencies. What do I do?

We are just in a verbal agreement

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 3, 2020

Unless you have a written lease agreement you can do nothing about this.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Turned off my fridge when I left the apartment, causing it to smell and the landlord replaced it without my knowing.

When I left my apartment for the summer, I turned off the fridge because I thought it would save some money, not knowing I wasn't supposed to do that. I had left a few condiments in there, and a friend who visited the house while I was gone told me something had gone bad and that it smelled. I... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 31, 2020

There's no way to predict. But since you erred in turning it off when you were instructed to not do so, you are probably responsible. I don't think its reasonable to expect the LL wait for you do clean it. Have you ever cleaned a refrigerator that stunk because of rotted food? Its very... Read more »

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2 Answers | Asked in Products Liability, Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: Who is responsible for the damage to my bathroom ceiling after upstairs owner neglected to get clogged pipes fixed??

My upstairs neighbor neglected To fix his leak and over the course of six months has been flooding me with poop water. He ruined my Venetian paint with yellow stains. In March he said he will fix it and I have been waiting ever since and today he told me he is only responsible to paint with regular... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 25, 2020

He is responsible to paint it the way it was before he damaged it.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my in-laws randomly kick me and my family (or just me) out of their FL home if we’ve done nothing illegal?

We’ve been residing at this home for nearly 3 years now and we were just wondering what our rights are if they randomly decided to kick us out. They don’t ask that we pay rent, but we both do work and go to college. We pay all of our own bills and buy groceries, etc...

Barry W. Kaufman
Barry W. Kaufman answered on Jul 25, 2020

If there is no agreement that you pay rent, you are a guest. A guest has no rights to remain once the host tells him or her to leave, particularly if there is no written lease or agreement.

If you want tenant rights, execute a written lease and pay rent.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I live in my own RV on a friend's property and use his utilities. I give him 200.00 per month for them and he agreed.

I have lived there for eight months. Can he kick me off his property or turn off the electricity without a time frame or notice?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2020

Unless you have a written agreement that enables you to do what you are doing you can be kicked of the land at any time.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Orange County Florida. My sister and her 2 adults live with my parents, who are handicapped. How Parents rid of them?

They need more space to turn the house handicapped friendly? Can they evict them? They don’t pay rent.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 21, 2020

Yes, elderly parents can "evict" their adult children and their adult grandchildren--although this decision may have unintended consequences. Why not hire a Florida family lawyer who is also experienced in Florida Elder Law? It will probably be well worth whatever it might cost.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my landlord make me liable for rent beyond the date in my contract?

Gave 60 days notice to move out at end of contract at the end of August. She finally agreed for me to do virtual showings of the rental since I asked to not have in person showings because I'm 6 months pregnant (covid). But then she texted me saying that if it doesn't rent I'm liable... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 20, 2020

Assuming that you gave notice in the manner and method *required by your lease* and you vacate on or before Aug 30, you would not be liable for September. Of course, there could be something in your lease contract that muddies the waters, but generally the answer is no, you cannot be liable for... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi, my landlord terminated my rent for mobile home because my car is under my dad name? How can I solve this? Thanks
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 19, 2020

Start by restating your question. I don't see what the registration of the car has to do with anything involving the landlord's termination of your tenancy.

1 Answer | Asked in Contracts, Real Estate Law, Collections and Landlord - Tenant for Florida on
Q: What type of lawyer should I hire to fight a credit report of a debt that has been discharged but not paid in full?

6 years ago, I broke a lease. My roommate and I were both on the lease. The apartment company came after me with the full amount. I paid half. The full amount was still listed in my credit report. My roommate contacted them and they discharged the full amount. The debt no longer shows on my report... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 15, 2020

A Florida attorney could advise best, but your post remains open for two weeks. It looks like you already have good legal insight into your matter, and it looks like you essentially hit the relevant practice areas of law you need. An experienced collections defense attorney should know what to do... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Does a text message meet the written notice requirement?

We are month to month Tennants and the office is currently closed due the Pandemic. We are currently receiving text messages from the management team providing us Tennant's with updates, policy changes etc. Can we provide our intent to vacate premises (teminate month to month agreement) by... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 9, 2020

READ YOUR LEASE. If the lease requires you to provide notice by carrier pigeon, you need to send it by carrier pigeon. It probably requires you to send it by certified mail, return receipt requested to a specific address. Don't assume that the payment address is the notice address. Updates and... Read more »

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