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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: EN GIVEN ONLY 30 DAYS NOTICE OF A NEW OWNER NON RENEWING AFTER A 1 YEAR LEASE. iS THIS ENOUGH TIME UNDER LAW.?I

sO SORRY MY SON WAS GIVEN ONLY 30 DAYS NOTICE. CAUSING A GENUINE HARDSHIP.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 28, 2020

Sadly, this rude stuff is happening all over Florida. New property owners must honor the remaining months left in a written lease agreement; however, new owners do NOT have to renew any expiring lease--and they can evict at any time after the old lease expires--but they have to give the occupant 30... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I am in Florida. If I file a Quitclaim Deed, will my name be taken off the mortgage?

I bought a house with my boyfriend and we got married the next year. Now we are separating. Our loan is behind about 3 years of payments. We filed bankruptcy a couple of years ago and we are no longer liable for the debt. The bankruptcy lawyer told us that the bank would want to foreclose on the... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Jan 27, 2020

No, a quit claim deed does not remove your name from the mortgage.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord change the terms of our lease agreement a week before I move out?

Hi.

I live in N. Lauderdale, fl. It’s a family home and the landlord lives in the house as well. My landlords sisters medication went missing in September and confronted me about it three days ago. I had no involvement and he made a rule that guests are no longer allowed in the house... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 26, 2020

If you have no written lease you have no legal rights whatsoever.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: in Florida, is a tenant legally obligated to provide the landlord with their phone number?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 25, 2020

Not unless the lease agreement you signed requires you to. This is not a legal requirement; it is a contractual requirement that could be used by the landlord to evict you if you refuse to do it.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Does my landlord have the right to evict me if I moved out well before eviction.

2016-2017, I lived in a shared 4 bedroom apartment with roommates apart of off-campus housing in Orlando, FL. I ACCIDENTALLY signed a lease agreement for 12 months on April 12, 2017. The lease would start in August 2017 and end in July 2018. In the event where I could not find anyone to sublet my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 24, 2020

Wow. I never cease to be amazed at the bizarre situations many people get themselves in by not doing what they know is the right thing to do--at the time it should have been done.

Learn this lesson well: When you signed the original annual lease for the school year August 2016-August 2017...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord change locks and lock you out after a Writ of Possession is issued but BEFORE it is served?

Not served Writ of Possession in person or posted on house.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 24, 2020

Learn this lesson well: If you were delinquent in your rent payments; and if you were informed by any means that the landlord was going to evict you; and if you ignored the threat of eviction; and if you made no effort to get current with the rent or move out; and if you have been doing anything at... Read more »

1 Answer | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: landlord told us to move 4 months into lease. We moved and she won’t give Deposit & last back as agreed. Is this allowe

Ok so back in 8/10/19 I moved into the house the landlord lived literally a crossed the street from me. The rent there was 1600. I paid $1600 deposit, last month, first month and 500 deposit fee. For my two dogs. One day the wife came and told us that she felt unsafe with my dog in the house and I... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 23, 2020

When landlords don't comply with the requirements of F.S. 83 Part II for return of security deposit or if there are other credits to be returned the former tenant has to resort to small claims court to recoup these funds. Small claims court is set up for persons to represent themselves although... Read more »

3 Answers | Asked in Landlord - Tenant and Probate for Florida on
Q: I own my parent's home in Florida along with my two siblings. How do we split the proceeds?

I have lived in the home since 2008, 7 years before my mother died. Since her death, I have continued to live here and covered all of the house expenses. Am I entitled to any reimbursement for those expenses (insurance, property taxes, repairs & payments on a HELOC my mother took out) when we split... Read more »

If you cannot reach an agreement with your co-owners (siblings) for reimbursement then you can file a Partition action with the court. Once in court you will have the opportunity to prove that you are entitled to more than 1/3 of the proceeds because you paid the expenses to carry the property.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: What happens after I receive a final notice of eviction
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 14, 2020

Your landlord will take immediate steps to have you evicted from the premises--unless you try to stop it by filing a case in the local courts.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Can we sue and win a case against the homeowner due to breaking our tenants rights?

I rented a vacation home in Florida for two weeks directly through email using a Paypal payment. I found the house through vrbo.com which states no pets are allowed, though I did not see this statement, though I did not book through vrbo.com, but direct through the homeowner and pet policy was... Read more »

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

Sue for what? The $200 deposit? What else are you wanting to sue for? Breach of privacy? That dog won’t hunt here oh Florida.

However, if you want to file a $200 small claims case in the county where the condo is located you can do that-without a lawyer. But then what will you do when...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: is there a limit on how much I can raise the rent on a commercial tenant?

I originally had a lease with these tenants but has since lapsed and no new lease signed, have not raised rent in several years and frankly would be happy to get rid of these tenants, I am wanting to sell my property and tenants have shown interest in purchasing but no viable offer. In the mean... Read more »

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

So far as I know Florida has never imposed any such restrictions on commercial rents, which are seen as an integral part of freedom of commerce.

In your situation your ability to raise the rent in this situation is totally dependent on the terms of the old written lease. If the old lease...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Paid rent on the fourth online. Four days later payment declined. Can I dispute knowing I paid with funds in account?

I used my savings account to make online payment. A transaction for twenty-five dollars declined this morning from the same online payment website. I received an email on days later that the payment was returned and I owed a late fee for rent. But I have proof of having the funds in my account the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 10, 2020

If your rent payment bounced-regardless of the reason-you are late and must pay the late fee.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: I buy business unit from tenant, and he still in lease, not me, but i will pay rent.Do i have to tell Landlord?

The Lease not allow to add me to it after 1 year, so that tenant stand in Lease and i will take care the business, pay rent with landlord, but im not sure LandLord accept it or not, how to write letter to let Landlord know that. Thank you!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 7, 2020

If you are serious about staying in business you should hire an experienced business lawyer to help you get out of dangerous situations just like this one.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can my landlord charge me rent for the months remaining on my lease?

I'm moving out of Florida for a new job. I don't see anything on the lease agreement about having to pay for the months left over on the lease. We turned a 30 day notice in and told them why. Now a week later they are saying we have to pay for the remaining months because the rent is too high and... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 6, 2020

This would be governed by the terms of the lease. If there are no early termination provisions and the lease says you just need to give 30 day notice then that's all you need to do. Probably the first landlord to say they could not re rent since they are charging you too much. They still have... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: in Florida, can a landlord use an evicted tenant's security deposit for unpaid rent?

no written lease exists. month-to-month for several months now. the only existing legal documentation pertaining to my security deposit is my receipt proving I paid it.

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

The short answer is yes—because there is no written agreement to prove what the security deposit was for.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi! What are the consequences I could face from abandoning an apartment and 12 month lease. I live in Florida.

My roommate and I recently signed a 12 month lease together, but he just moved out 2 months in, leaving me to be responsible for all the bills. I’m 19 and am unable to afford all the bills. If I just abandoned the apartment and lease and went to a different state, what would be the consequences?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 2, 2020

The landlord is entitled to receive all the rents bargained for when the lease was signed. That means you owe the total of 10 more rent payments. However, the landlord must also make a good effort to re-let the apartment, which if done ASAP will stop the bleeding (end your responsibility to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: No lease. Paid bi-weekly. Last payment 12/13/19. Served 15 day notice on 12/23. What should the termination date be?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 30, 2019

Common law provides that notices such as this should be made on or before the 14th day following the date the two week lease period ends. So, assuming the rent you paid on 12/13 was timely the last day to deliver the 14 day notice to vacate would be December 27. It appears that you now have until... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord has not done electrical repairs stated needs to be done per the Electrical Company can I withhold rent
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 26, 2019

Unless withholding rent is allowed by the terms of the written lease you may be evicted for doing so. If the electrical repairs are necessary in order to live comfortably you would be better off if you notify the landlord and give them 30 days to fix it. If not fixed after 30 days move out. Then if... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I can't find my lease can I be kicked out?

Our new property manager asked to see a copy of my current lease and my recent payments. I can't find my lease. I know I signed one and had it. I have looked everywhere. I have proof of most of my recent payments. Our lease is up in about 2 months. Can I be kicked out if It is an apartment complex... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 25, 2019

Cooperate with the new property manager; show all receipts for rent payments and get copies of all checks payable to the complex; be honest and tell them you have misplaced your copy of the lease and ask them to make a copy for you. This will stretch out the situation until your lease is up. If you... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: When does responsibility for a rental property shift from the old tenant to the new one?

We have recently moved out of a rental house in Naples, FL. We rented it directly from the owner. The owner moved out of town and asked a friend of his to meet me to get the keys and do the final walkthrough. When we did the walkthrough his friend had no comments and said the house looks great.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 22, 2019

You forgot to mention the most important fact: When did YOUR lease term end, and when did the new tenant's begin?

Giving keys to a friend of the owner who was your landlord has nothing to do with your responsibility. Nor do "bugs in the lights" rise to the level of that needed to keep a...
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