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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: What can I do: My original 32+pgs lease was given back, w\o my notes on it, [office woman Admits she changed]. What!

SECTION 8 HOUSING TENANT.

My housing Caseworker, *RECEIVED Only 9 out of 32+pgs without my notes & my true signature on my original lease paperwork which I gave back to the office.

-9 PAGES OF *THEIR LEASE WERE SENT TO PCHA WITH FORGED SIGNATURE. [NOT MY ORIGINAL "32+... Read more »

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

The first and most important point I must strongly emphasize is: do not move into the premises until you have resolved any issues and disagreements pertaining to the wording of the lease agreement. The landlord is not required by law to accept your handwritten notes, and you are not required by... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can an apartment renew your lease without Knowledge after stating that there will be no renewal/ month to month?

Then evict 2 months later?

Joseph Sternberg
Joseph Sternberg
answered on May 22, 2023

Both parties are required to sign any lease, whether it is a renewal or a first lease. However, if there is a clause about a lease renewing, you would need to review that clause in your lease.

Often a renewal clause will state who (usually the tenant) has the option to renew. In such a...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Would the condo rider overrule the contract? Due to the contract wording "For any reason" am I entitled to the deposit?

I was under contract for the sale of my condo and in the contract that is signed, it states in section 20 under the addendum and additional terms line 5 states that if buyers failed to close for any reason they would forfeit the $30,000. deposit of earnest escrow which was written by their agent.... Read more »

James Clifton
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James Clifton
answered on May 18, 2023

Almost every rider to a contract has the following language, "Where this Rider is in conflict

with the terms of the Agreement, the terms contained in this Rider will govern." This means that if the condo rider has a contingency that gives the buyer the option to cancel the...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Should I mention my children in a lawsuit complaint against my landlord

I'm ready to file my complaint with the courts and I'm not sure if I should add my children as plaintiffs

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 18, 2023

There would be a question as to whether minor children have the capacity to sue. Your complaint could indicate that you are suing in their behalf, if that is material, but it probably shouldn't name them as plaintiffs. Also, assuming that you are not licensed to practice law, you can't... Read more »

1 Answer | Asked in Civil Litigation, Landlord - Tenant, Divorce and Family Law for Florida on
Q: Can my husband evict me or sell the house without telling me, causing me and the children to have to move unexpectedly?

The house is in his name only but I am a successor in interest, he bought it when we were together but not yet married, I have been paying the mortgage by myself for over a year. What can I do to protect myself and kids from becoming homeless unexpectedly?

Rand Scott Lieber
Rand Scott Lieber
answered on May 13, 2023

If you are married and living in the house then you have a marital interest in the house and cannot be evicted. Your remedy (protection) would be to file a divorce action in family court. This will help you enforce the legal rights of you and your children. Speak with a local family attorney for... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What rights do I have and what are the legal ramifications?

I live in a household that was converted into 3 separate apartments. It has come to my attention that the owners never registered the property has a multifamily household. Power constantly trips and my internet was disconnected because the new tenants added internet services and since their lease... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 4, 2023

If it is not zoned for multifamily and the owner did not obtain a variance and/or permitting to allow the different use, both you and the landlord have a problem, but you would then have remedies against the landlord. Code enforcement could order a prompt cessation of the multifamily use. The... Read more »

2 Answers | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Florida on
Q: My brother inherited my mom's house 4 years ago and basically abandoned it. I live in the home and now he wants it

This is in Florida. I have lived here more than 10 years and he had my mom sign a quit claim deed 2 weeks before she died, however she was heavily medicated and in hospice. Last week he told me he wants my kids and I to move so he and his new family can have the house. He has never invested a... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 29, 2023

Presumably your mother died four years ago. Obviously, you are aware that there is an issue with the quitclaim deed. The statute of limitations for adverse possession is seven years, but all the detail you give about your taking care of the property expenses, your brother rarely visiting the... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law, Landlord - Tenant and Probate for Florida on
Q: My brother inherited my mom's house 4 years ago and basically abandoned it. I live in the home and now he wants it

This is in Florida. I have lived here more than 10 years and he had my mom sign a quit claim deed 2 weeks before she died, however she was heavily medicated and in hospice. Last week he told me he wants my kids and I to move so he and his new family can have the house. He has never invested a... Read more »

James Clifton
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James Clifton
answered on Apr 29, 2023

First, you can challenge the quitclaim deed from your mother to your brother under the legal theory that your mother was of unsound mind at the time of the execution of the deed. If you are successful, the property would then pass according to your mother's will if she had one or to her heirs... Read more »

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1 Answer | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: living with a roommate that is violent with anger issues and plays music in a very high volume 24/7 and broke the fire

broke the fire alarm from a punch in the wall. is there any chance I could just leave before the contract end? I live in Orlando Florida and my contract ends in the end of july

Charles M.  Baron
Charles M. Baron
answered on Apr 19, 2023

By "contract", I assume you mean a lease, but it's unclear from your inquiry whether your landlord is the roommate or someone else. Either way, there is a procedure under Fla. Statutes Section 83.51 for a written 7-day "cure" notice giving the landlord 7 days to comply... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Do I have to pay this guy if I stayed at his house previously

I live in Florida and i was previously staying at an airbnb but later ended up paying the owner through cashapp to stay there. He ended up going ghost so I stayed there 20 days longer before i ended up getting an apartment. Do i have to pay him for those days even though he went ghost. I thought he... Read more »

Charles M.  Baron
Charles M. Baron
answered on Apr 13, 2023

Consult a landlord-tenant attorney in your area. The issue here is your agreement. If it was to stay until a particular date, then you will owe rent for the holdover days and might legally owe double rent. Also, if you decided you would stay there without a private bedroom, and could have instead... Read more »

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Do I have to pay this guy if I stayed at his house previously

I live in Florida and i was previously staying at an airbnb but later ended up paying the owner through cashapp to stay there. He ended up going ghost so I stayed there 20 days longer before i ended up getting an apartment. Do i have to pay him for those days even though he went ghost. I thought he... Read more »

Charles M.  Baron
Charles M. Baron
answered on Apr 13, 2023

To add to my last answer, in which I mentioned the option to report the host, AirBnB might view you paying the host directly as YOU cheating AirBnB, in addition to the host cheating them, so reporting might not be a good option. Read your AirBnB terms and conditions.

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1 Answer | Asked in Landlord - Tenant and Civil Rights for Florida on
Q: I have been asked to vacate the property that I have rented for the last 5 years. How long do I legally have to vacate?

Can the new owners make me leave without giving g me something in writing? Some tenants are being allowed to stay but previous owners told the new owner we were behind d on rent. im assuming that's why he wants us gone. Told us if we don't move our stuff he will bulldoze it into a pile.... Read more »

Charles M.  Baron
Charles M. Baron
answered on Apr 8, 2023

The tenancy cannot be legally terminated without written notice unless the landlord is merely refusing to renew your lease. How many days notice must be given depends on the type of tenancy you have (lease? month-to-month? week-to-week?), as well as on whether your county has a local ordinance... Read more »

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Probate for Florida on
Q: Ejectment after being deeded property from a Will.

I was the executor of my father's will. He owned a non-homestead house in another county. I filed a probate case and was deeded the home after disposition. A half sibling (step brother to my father) has been living in the home for 17 years and was on the mortgage (not the deed). I am now... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 20, 2023

The step-brother may have been paying the mortgage and might have a claim for those payments as well as any money he invested into maintenance and repairs if he was not paying rent. It seems a bit unusual to me that he was on the mortgage but not the deed. Usually someone signs a mortgage to... Read more »

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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: I let someone stay with me a month for free, now they are trying to have mail sent to establish residency. What can I do

What can I do to stop them from ever entering the property again.

Charles M.  Baron
Charles M. Baron
answered on Mar 8, 2023

1. Give written demand to leave (either immediately or give a deadline of your choice), and keep a copy; good to give verbal demand as well;

2. If the person refuses, read Fla. Statutes Section 82.035 (which is online) - that provides a remedy of having the police order the person to...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: If my partner moves in with me and pays rent and improvements is he eligible to received any profit from sell of my home

I own a home in manatee county Florida. I allowed my partner to move in with me. He pays half the bills in form of a rent check to me monthly. He also paid half of getting my main electrical box replaced ($2900.00).

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 7, 2023

Were you to sell your house, he would be invisible to the title company, as he is not on the deed. He would not be entitled to share the profits of the sale, as he would be if he co-owned the home.

Whether he can sue you for some amount as compensation for the contributions he has made, and...
Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Our case was never heard and no mediation, the judge issued a default to plainiff.

How can a judge issue a final judgement without giving us a chance to present the case? The owner along with a tenant contracted for construction to the rental unit. All invoices presented by contractor were paid. Owner was later presented with a bill from a subcontractor, no contract or... Read more »

Charles M.  Baron
Charles M. Baron
answered on Mar 7, 2023

Sounds like the default was entered due to someone's error, which may have been made due to failure to consult an attorney. In small claims court, an LLC does NOT need an attorney to represent the LLC if the proper documentation is prepared to authorize an eligible person to engage in the... Read more »

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1 Answer | Asked in Land Use & Zoning, Landlord - Tenant, Real Estate Law and Tax Law for Florida on
Q: Is an HOA liable for known misrepresentations made by a home developer, on HOA controlled property?

If the HOA knew of the misrepresentations, intentional fraud, right? If they didn't know, negligence fraud, right? And any related parties aware and benefiting from said misrepresentations are conspirators, no?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 4, 2023

Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... Read more »

1 Answer | Asked in Personal Injury, Constitutional Law and Landlord - Tenant for Florida on
Q: Can someone point me in the right direction.

I stayed in these apartments in Arlington in 2021i was pregnant, within the first month I had issues. There was no heat or AC in the unit. being on the second floor with heat and moist black mold, started appearing everywhere throughout the house. I have pictures. What they did do was send... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

Based on the information provided, it sounds like you may have a potential legal case against the apartments for issues related to mold, plumbing, and reimbursement for hotel expenses. You may want to consider contacting a local tenant rights organization or consulting with a landlord-tenant... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Eviction was cancelled because landlord illegally changed the locks. Is this going to be on in my rental history/credit?

This took place in pinelles county Florida. Locks were changed after the court ordered us to vacate the home but prior to being processed by the county sheriff resulting in the final judgement being “cancelled”

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

Yes. The FILING of the eviction complaint is what causes issues for renters, not the outcome of the case. The filing creates the record in the clerk records, and that is permanent. The records are public records, so anyone can look up the filing. They may not be able to see the actual documents,... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is a 3-day eviction notice legal when you've been living in an extended stay hotel longer than 2 years?

I have four boys one of them is autistic and we have nowhere to go but live in our car

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 1, 2023

The notice is a 3 day "Pay or leave" notice, correct? It means that you need to pay the rent in full in 3 days OR leave. If you don't, then the landlord can file an eviction action against you.

While you situation is serious and heartbreaking, the fact that your son is...
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