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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: What is considered landlord neglect? Also where can i read more on what landlords are allowed and not allowed to do?

I am currently 23, living with my girlfriend(20), we are both working 40 hours a week, renting from my aunt and uncle, who also run a logging company, that are honorably managed landlords. They do have 6 other rentals that are not rented to other family members. They hire cheap local... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 23, 2021

See chapter 83, Florida statutes. Available online. theres a lot of info on the internet

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord decided to sell the property and dropped of in the mailbox“Notice of Termination of Month to Month Tenancy”.

But according to the Residential Lease Agreement signed by both parties is says “If at any time either party desires to terminate the month-to-month tenancy, such party may do so by providing to the other party written notice of intention to terminate at least 30 days prior to the desired date of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2021

You are grasping at legal straws.

A "Notice of Termination" of your month-to-month tenancy is no different from a "Notice of Intention to Terminate" the same tenancy.

As you said, your lease is clear: You have no more than 30 days from the date you received...
Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord won’t allow tenants to inspect property to ascertain accuracy move out report, not return deposit

Landlord is charging tenant for painting inside of house (normal wear and tear) $800

Pruning bushes that should not pruned until Fall $100

Cleaning house (garage had cob webs, two blinds in dining room dusty) this after tenant paid professional cleaning service to clean. $250... Read more »

Erik A. Perez
Erik A. Perez answered on Sep 22, 2021

Pursuant to Florida precedent, there is some legal authority which dictates a landlords may only charge for excess wear and tear. In other words, he/ she may not claim the security deposit for ordinary wear and tear like paint retouch and cleaning. In addition, the landlord has to comply with the... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: When a landlord decides to sell why you renting with no lease how many days do the renter have to vacate.
Barry W. Kaufman
Barry W. Kaufman answered on Sep 22, 2021

No lease generally means you are month to month - depends on how often you pay rent. The new owner must give you a 15 day notice on a month to month; and you must leave. You have no right to stay.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I currently have a lease until July 2022, rent includes utilities and I have no stipulation in my lease about selling

or vacating in any amount of time if the property sells, I was told if it sells rent will go up, utilities dropped or forced to vacate in 30 days. It is my third year renting and I've never had an issue or violation of any kind, what are my rights? Wouldn't the new owner have to honor my... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 21, 2021

The new owner takes possession subject to your lease. He has to honor your lease, but is under no obligation to allow you to stay after your lease expires.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord sue me for abandoned property

My landlord of 14 years just gave me 30 days to move. I don't have time to find a place move and clean everything out. Can he sue me if I leave a bunch of stuff their that I don't want. I don't care about forfeiting my security deposit.

Barry W. Kaufman
Barry W. Kaufman answered on Sep 21, 2021

No, although he may have a claim against your deposit for cleaning and trash removal.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is Florida still in a Covid state of emergency that requires landlords not to increase rent upon lease renewal?
Barry W. Kaufman
Barry W. Kaufman answered on Sep 20, 2021

I've never heard that, but no. Florida is not in state of Covid emergency. The landlord can raise the rent at renewal time, and you are free to move someplace else.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can tenant use text messages in a hold over eviction?

My tenant was very manipulative and I have a book of texts between us. I would agree to something based on her agreement to do something and she would go back and pick out parts benefiting her. At times she had me so confused I didn't know what I agreed to. If she brings these to court they... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 16, 2021

She has the burden of introducing her text messages as evidence. If she is a holdover and you are trying to evict her, text messages may not have any bearing.on the case. Retain an attorney, because you are in over your head.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord kick me out with a 2 week notice during covid 19

If I am pregnant is my landlord allowed to give me a two week notice to move with me being in distress on top of covid

Barry W. Kaufman
Barry W. Kaufman answered on Sep 14, 2021

If your lease is month to month, yes. Covid or no Covid, your time is up.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: How should we proceed with a landlord who we has been charging us for water and trash removal for both units on our lot?

We rent a house that is situated at the front of a lot with a separate apartment unit in the back (a converted garage). Tenant who was living in the back unit recently vacated. When Landlord (LL) listed the back unit for rent last week, we were shocked to discover LL was advertising free water... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 14, 2021

As in every landlord -tenant dispute, the written lease controls and nobody online can read your lease. You can retain an attorney to determine your best course of action.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Signed a res. lease with Term of 5/1/21 to 4/30/22. Can he force sign new lease 10-1-21 to 9-30-22 w increase now?

He is raising the rent by $160 per month or 13%+. We do not want to stay past 4-30-22. He is unfair to the tenants in our Brevard County - Florida townhome community. The original lease states he can raise the rent but he promised it would only be a few dollars if at all during the original... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 10, 2021

Your Lease is valid to April 2022. I don't know what your LL is doing, but you should hire an attorney now. Not get internet snippets of information catch as catch can; hire an attorney. (the fact that you are 63 and have not been treated this way in your whole life is legally irrelevant to... Read more »

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: I leased an apartment but had to leave due to domestic violence. I fell behind on rent due to not being able to work.

My landlord is trying to evict me. Is there any domestic violence laws that protect me?

Barry W. Kaufman
Barry W. Kaufman answered on Sep 9, 2021

No. You are responsible to the landlord for the rent. The landlord is not a party to your relationship, has no interest in your relationship, and the law does not require the landlord to purposefully suffer a financial loss because of your failed relationship.

2 Answers | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Education Law for Florida on
Q: Can a university evict someone without compensation or notice for testing positive for COVID-19?

My vaccinated friend caught COVID-19, spread from an unvaccinated student, his next-door dorm neighbor. They have isolation dorms specifically to quarantine people and promised reservations for those who were vaccinated. The rooms are all full because they gave them to anyone who got sick instead... Read more »

Charles M.  Baron
Charles M. Baron answered on Sep 8, 2021

Your friend's rights largely depend on the terms and conditions agreed to when signing up to reside in the dorm. He therefore must schedule a consultation with an attorney and present all relevant writings for review. He can click on the Justia "Find a Lawyer" tab up top or contact... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord ask me to disclose my Covid status and force me to turn in a negative test? It’s not even CDC protocol.

During Covid outbreak, same said landlord, locked down the property (over 200 apts) for about 2 months, and forbid all residents from receiving any guests including family. No, it says nothing about them being able to have that kind of control in our contract.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 7, 2021

You have it backwards: Your lease does NOT have to say anything about the landlord doing the right thing in order for them to do it.

Unless your written lease actually forbids your landlord from taking reasonable steps to protect all the tenants in your building and in the entire complex...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My tenant died. Her son was living in the unit and was not on the lease. If and when can I kick him out?
Barry W. Kaufman
Barry W. Kaufman answered on Sep 6, 2021

You can kick him out anytime, really. You should consult an attorney to make certain its done correctly.

1 Answer | Asked in Landlord - Tenant and Small Claims for Florida on
Q: Can my landlord place a clause in my rental agreement that I can’t change my address info to my new residence?

Oral agreement, demanding cash only, not allowed to change mailing address or have proof of residence to new residence as it might affect her SSDI. refuses to give rent receipts, has changed the rental agreement and then broken it in a 10 day span and then served notice of termination of tenancy,... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 4, 2021

No, because there's no such thing as inserting a clause in an oral agreement. Clauses are written, and your rent paid is paid.

She sounds like a loon. Just move and end the drama.

1 Answer | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: Hello, I was in a slip and fall accident where I rent. I have gone to the Dr's, and they did xrays

They determined that I had a right knee contusion

And that I can't work , ( I do hair, and doordash/instacart )

I have to follow up with an orthopedic surgeon on Tuesday, this is the third time I have fallen due to really messed up conditions with faulty steps with no lights ,... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Sep 4, 2021

You may have a case. Retain counsel here in Florida on contingency fee, which means you pay nothing unless you win the case. Your case will turn on what evidence you have that the property manager was at fault for this accident (ie lack of lighting, faulty steps, etc) and also the severity of your... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Does my landlord need to give notice if he does not wish to renew our lease?

We moved in 1 year ago after relocating from NJ, we signed a 1 year lease with the property management company. This company is telling us the landlord is no longer using them as management as of September 22nd (19 days from now) which is our lease end date as well. They told us he won't... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 3, 2021

Unless your lease has a provision which provides for automatic renewal on the part of the landlord under certain conditions, it terminates at the end of the year, so no, you have no right to notice of non-renewal.

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4 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: How can you prove a person to be an attorney?

My daughter is looking to rent a house in FL. During a chat with the person, the story changed a little. He indicated that the security deposit was going to be held by his attorney, then changed his mind when pressed for the attorney name. He has now provided a number and a name of a person... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 1, 2021

The story is suspicious because Florida law requires landlords to keep deposits in a separate interest bearing account. As a lawyer I would not be willing to hold a client's security deposit in my trust account, which does not accrue interest.

You can do two things:

1. Look up...
Read more »

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1 Answer | Asked in Consumer Law, Personal Injury, Landlord - Tenant and Small Claims for Florida on
Q: Please read below, thank you in advance

I need a consultation regarding my landlord that I've been renting a room for about 2 months. I've been unable to stay this entire month because she filed false allegations against me that caused an injunction. I've read that filing false allegations are criminal and I intend to sue... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 30, 2021

I am certain that there are many experienced lawyers who will litigate a small claims case against your obnoxious landlord; however, not for free. Why?

(1) Because the amount of money involved is way too small; and

(2) because they cannot collect their fees from the landlord;...
Read more »

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