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Florida Landlord - Tenant Questions & Answers
4 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 18, 2025

An apartment owner has a legal duty to protect any person that is rightfully on the premises from criminal attacks that are foreseeable. A criminal attack would be foreseeable if the apartment building was located in an area that experienced crime of this type in the past. If so and the building... View More

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4 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

James Clifton
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James Clifton
answered on Mar 18, 2025

Yes, you can sue the apartment complex/landlord. The non-working security cameras are a huge red flag and will likely impart liability on the landlord. If other similar crimes have occurred in the complex, this will further show the landlord knew of the danger and failed to protect the occupants... View More

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4 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Mitchell Feldman
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Mitchell Feldman
answered on Mar 18, 2025

Negligent security is a real and recognized claim under florida law. These facts suggest the claim is worth consulting a lawyer. The property had a duty here to exercise reasonable care, and if there's a history of violent crime that would have required heightened security, cameras,... View More

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1 Answer | Asked in Landlord - Tenant and Family Law for Florida on
Q: How can I remove my name from an unaffordable lease and solve my brother's living situation?

I'm 18 years old and unintentionally signed a lease under pressure from my mother, which starts on March 28th. I cannot afford it, and now I'm seeking to remove my name from it swiftly. The landlord is aware, and I've considered legal advice. My mother insists that my 16-year-old... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 17, 2025

You are asking two separate questions, legally.

You have no legal responsibility to house your younger brother.

Regarding the lease, tell the landlord that you are canceling. Do not take possession of the property. You may lose any deposit that may have been made. Speak with a local...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: How do I evict squatters from a property I purchased in Florida?

I purchased a property in Florida from my brother who had medical issues and can no longer stay there. Upon visiting the property, I discovered squatters living there. They claim there's nothing I can do to remove them. There is no formal lease agreement, and I have the deed to the property.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 9, 2025

You can call the sheriff.

Florida Statute 82.036:

(2) A property owner or his or her authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to...
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2 Answers | Asked in Divorce and Landlord - Tenant for Florida on
Q: Why is there a motion to vacate in my uncontested divorce in FL?

I filed an uncontested divorce with my spouse. We have no children, and my husband signed a waiver stating he will receive no assets. I have inherited a home and a car. Recently, a motion to vacate was filed by another party with a general magistrate. The motion was filed on February 27, 2025, and... View More

Mr Eric Klein
Mr Eric Klein
answered on Mar 6, 2025

It sounds as if once you’re former spouse found out about the inheritance, they hired a lawyer to vacate the final judgment and make a play towards that inheritance. They’re probably claiming some type of fraud on your part. However, an inheritance is not subject to equitable distribution, so I... View More

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2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Business Law for Florida on
Q: Am I liable if HOA enters my condo and a dog bites them?

I own a condo in Florida, and the HOA requires a key on file for emergency access. I have two dogs, and I'm concerned about liability if the HOA enters while I'm away and is attacked or bitten by one of the dogs. The bylaws require the key, but do not specify liability for pet-related... View More

Erik A. Perez
Erik A. Perez
answered on Mar 6, 2025

Under Florida law, you may be liable if your dog bites a member of the HOA who enters your condo, provided that the person is lawfully on your property. According to § 767.04. Dog owner’s liability for damages to persons bitten., the owner of a dog is liable for damages if the dog bites any... View More

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2 Answers | Asked in Landlord - Tenant and Civil Litigation for Florida on
Q: Do I need to request a hearing after filing unlawful detainment in Florida?

I filed for unlawful detainment in Florida, and the respondent has filed an answer. I am representing myself (pro se), and I haven't been provided with any timeline or scheduled court dates. Do I need to take any further action to request a hearing, or will the court notify me of the next steps?

Charles M.  Baron
Charles M. Baron
answered on Mar 3, 2025

The Judge's Judicial Assistant may be able to answer your question. If you don't have the phone number, look up your Judge in the online judicial directory for your county, go to his/her directory page, and see the number and the JA's name. Otherwise, schedule a legal consultation... View More

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2 Answers | Asked in Personal Injury, Real Estate Law, Landlord - Tenant and Insurance Defense for Florida on
Q: Liability for slip and fall in iced over rented commercial property in FL.

My friend slipped and fell in the parking lot of my rented commercial property in Florida, which was iced over and had no warning signs. She requires surgery but did not notify the property owners because she said she has insurance and will be fine. I am required to maintain insurance for in and... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 27, 2025

If there's FAULT on your part, liability could potentially lie with both you [your business] and the landlord. Whether there's any potential court-finding of fault is an issue that would take a close examination of the facts and circumstances.

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1 Answer | Asked in Landlord - Tenant, Consumer Law and Contracts for Florida on
Q: Can I break my lease over a missing fence they promised?

I leased a house that was advertised as having a fenced backyard and allowing pets. When I visited, the fence was there, but it was gone when I moved in. I've been using a temporary fence for two years, but now the leasing company removed it, saying it's a violation. They only acted when... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 26, 2025

In a word, no, not without penalty. Your lease doesn't require a fence. The fact the fence was there doesn't mean the owner is required to keep it up. It was either illegal or in such disrepair that the owner decided to remove it. Read your lease for a termination clause, or leave when... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord make me leave when lease ends but I have no place yet?

My lease ends on March 5th, and I've applied for a new apartment. The owner has accepted me, but I'm still waiting for approval from the association. Meanwhile, my current landlord has already rented my current place to new tenants starting March 5th, and I don't have a confirmed... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 25, 2025

Your landlord is not responsible for your living arrangements. You need to leave on March 4, period. Otherwise, you are subject to eviction and possibly a suit if the landlord is unable to allow his new tenants to take possession pursuant to the lease he signed with them. Once an eviction complaint... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Consumer Law for Florida on
Q: What actions can HOA take for lack of insurance due to house condition?

I am a co-owner of a house in Florida that is part of an HOA, which requires homeowner's insurance. The house was inherited and mid-renovation when the previous owner died, leading to policy cancellation. It's uninsurable due to its interior condition, failing a 4-point inspection.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 24, 2025

That depends on the language in your association documents and if you are truly a HOA under Chapter 720 or a COA (condo association) under Chapter 718. Sometimes homes with lots are still organized as COAs and vice versa. Some HOA documents provide for unlimited fines. If you communicate with... View More

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3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Ex refuses to sell house; can I be bought out for a dollar?

My ex and I co-own a house with a mortgage. I want to sell, but he wants to make repairs first. We received an insurance check for damages, which is held by the mortgage company. I haven’t contributed to mortgage payments since moving out nearly two years ago. He can't afford to refinance... View More

James Clifton
PREMIUM
James Clifton
answered on Feb 20, 2025

If he will accept your portion of the property, you can deed it to him. However, that does not end your financial obligation under the mortgage. If he does not pay it, your credit will be affected. If you want to force the sale of the property, you can through a partition lawsuit. In a partition... View More

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3 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Ex refuses to sell house; can I be bought out for a dollar?

My ex and I co-own a house with a mortgage. I want to sell, but he wants to make repairs first. We received an insurance check for damages, which is held by the mortgage company. I haven’t contributed to mortgage payments since moving out nearly two years ago. He can't afford to refinance... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 20, 2025

If I understand you correctly, you wish to waive whatever rights you have regarding the property, both possessory and financial, as well as whatever rights you have to insurance proceeds, even though you may be giving up a very substantial amount of money. Yes, you can waive your rights and sell... View More

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1 Answer | Asked in Landlord - Tenant and Family Law for Florida on
Q: What are my rights to retrieve belongings from in-laws' house in Florida?

I have been living in my wife's parents' house with her for nearly 5 years. They have previously kicked me out during disputes, but I typically returned the next day. Now, I want to retrieve my belongings without returning to live there. I have a key to their house, and my wife still... View More

Pamela J. Fero
Pamela J. Fero
answered on Feb 19, 2025

You can politely ask your wife's parents for permission to access the home and retrieve your belongings. It’s best to communicate respectfully and clearly explain your intent. This can be done through a direct conversation, a phone call, or through a written message (email or letter). If... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: Can landlord charge for water mid-lease in FL?

Can my landlord charge me for water in the middle of my lease term because the association stopped paying the water bill? My lease, which began in November 2024 and has no amendments, states under "Utilities" that the landlord will provide and pay for utilities included in the... View More

Charles M.  Baron
Charles M. Baron
answered on Feb 18, 2025

If I understand you correctly, you live in a complex or condo bldg. and are renting a unit from the unit owner, and in that complex or condo bldg., none of the owners had to pay water bills for their particular units (because water was included for the maintenance fees) until recently, when the... View More

1 Answer | Asked in Landlord - Tenant and Public Benefits for Florida on
Q: Can landlord refuse payment after 3-day pay or vacate notice in Florida?

I recently received a 3-day pay or vacate order in Florida. My lease agreement specifies a $20 late fee but does not cover other circumstances for late payments. I tried informing my landlord that I would make the payment within the timeframe, but they said it was "too late" and that I... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 18, 2025

Once the 3 day period is up, the LL has no obligation to accept your rent and can proceed with the eviction complaint. You DO NOT want the eviction complaint to be filed, so if the 3 days are up, I recommend that you vacate the property.

2 Answers | Asked in Animal / Dog Law and Landlord - Tenant for Florida on
Q: In Florida are landlords Liable for dog bites if they rent to someone with a dangerous breed dog(pitbulls etc.)?

I own a house that i rent in Miami dade florida.My tenant wants to get a dog. The dog is an aggresive breed (pit bull or dogo argentinian).Am I liable in case of a dog bite just because I allowed an aggresive breed or do i have to be aware that the dog acts aggresively regardless of breed in order... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 8, 2025

In Florida, a landlord is liable for any injuries that a third-party suffers due to a tenants dog attack. The third-party could pursue a claim against the landlord based on a theory of negligence, if the landlord knew or should’ve known that the dog had violent propensities. You should also call... View More

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1 Answer | Asked in Employment Law, Real Estate Law and Landlord - Tenant for Florida on
Q: Can my condo board demand to have a key to allow an unlicensed (CAM LIC) maintenance employee to have access my condo ?

The bylaws state owners must give a set of keys to board who then allows a maintenance employee to have access to my condo & they don't give me 24 hrs notice the or regularly scheduled maint like changing fire alarm / voice call batteries. Don't I have the right of exclusion ?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 3, 2025

Maintenance people are not required to have a CAM license. Florida Statutes grant associations the right to enter into a unit during reasonable hours. There is no exemption for the statute and if you refuse the association can change the locks and bill you for the charges.

The association...
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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: I am being told I have to pay until the 29th of march and stay until the 29th of march when my lease ends on march 10th.

I don’t understand why I would have to stay and pay past the date my lease agreement says.

Erik A. Perez
Erik A. Perez
answered on Jan 29, 2025

You do not have to stay past or pay for days beyond the end date of the lease that was executed by the parties. Technically, it would be a breach of contract if you stay beyond the date agreed to by the parties. I would not stay beyond that nor pay for it if the contract says otherwise.

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