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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: does a landlord have to provide you with notice of a warning sent to them from the hoa?

the hoa sent a warning to the property manager/landlord about a broken blind, they did not give me the warning stating they do not have to, however when the hoa followed up for compliance they seen that it was still broken and issued a fine, which was passed to me.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2021

Don't pay the fine. It's up to your landlord to pay it. If your landlord wants to be reimbursed by you, the landlord will have to be able to demonstrate that you were given notice and that your lease requires you to pay it.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my Landlord ask me or try to force me to renew my lease before it is up
Barry W. Kaufman
Barry W. Kaufman answered on Jan 14, 2021

He can certainly ask you whether you intend to enter a new lease term. You probably have a condition in your lease in which you must notify him of your plans to renew.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Tenants failed to use ventilation in the bathroom and improper setting of dual thermostats caused molds in the property.

Hired three technicians and they all stated attic is well insulated and that hvac and ac unit are clean and functioning properly. All technicians concluded that setting the thermostat to 72 upstairs and 67 downstairs created excessive condensation that led to mold.

Per mold... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2021

Unless the property manager is also an attorney, he or she cannot represent you in court. You may, of course, be able to require them to find a Florida attorney for you and to appear in court to testify. That would depend on the terms of their contract.

Can you document that the tenants...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: can I sell my tenant occupied house in western NY? She is on a month to month

She just got out of rehab, there was a B & E at the house and damages. She has broken the lease agreement. Can I transfer title to one of my children?

Barry W. Kaufman
Barry W. Kaufman answered on Jan 11, 2021

SInce the house is located in New York, you should probably ask the question in the New York section of the forum to make certain that no New York law prohibits you transferring title. I can't imagine that there is - leases dont encumber titles.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: New owner put no pets on new lease when we paid a pet deposit 3 years ago and always had pets. Can we be forced to move?

UPDATE...LANDLORD SENT NEW LEASE INCLUDING OUR PETS. THANKS FOR THE ADVISE GIVEN! Can the new owner force us to sign a lease stating no pets after we have been here for 3 years with the pets and paid the pet deposit back then? We have always paid our rent on time and the new owner just visited the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jan 6, 2021

It doesn't matter that your old lease allowed pets - apparently the new one doesn't. You apparently have a difficult choice - stay where you are and lose the turtle and the gecko; or move. (I'm not really sure a gecko and a turtle even qualify as pets, but I'm not the landlord)

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord/tenant question

I am a landlord on a month to month lease agreement with a tenant that states she or I have to give 30 days notice to terminate the lease. She recently painted my home without my approval. I expressed my dismay to her, and told her she should have received my permission, first. She promptly cursed... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jan 3, 2021

Yes, but you must give her proper notice. You should probably consult with a lawyer to make certain things are done correctly. Screw this up, and you could be looking at paying her attorney's fees as well as not being able to get rid of her. If you are in the business of renting property,... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Our landlord told us on Christmas eve that our rent would increase the next month by 100 dollars he told us verbally

We did not recieve anything in writing he told me that i didnt get the memo..is that legal with the pandemic going on mind you i have never missed a payment and have not signed a new lease in 2 yrs

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 30, 2020

Unless you have a current written lease your landlord can increase the rent at any time. They may no be able to evict you because of the Covid-19 situation; however, Covid-19 does not prevent rent increases.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: After 7 years, the landlord wants to make us pay for HBO that is included in the HOA fee she has always paid. Legal?

HBO is included in the HOA fees that each homeowner pays. All of a sudden now she wants us to pay the $60 for HBO. Can she do that mid lease ?

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 17, 2020

No, if it's not provided in the lease that you pay, the lessor cannot require that you pay, until a new lease is agreed to.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Florida do tenants and owners have the right to know the board members and how to communicate with them

when i asked the management company for the name and telephone number or email for the President they said it is against the law for them to give me that info

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

The management company is not being truthful, trying to blame "the law" for a policy.

If you know the corporate name of the HOA look up the info at www.sunbix.com

1 Answer | Asked in Landlord - Tenant for Florida on
Q: is someone renting rooms out of their home expected to follow the exact same laws as any other kind of landlord
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 7, 2020

These issues are case specific and different in many different places. Call your local city or county commission and ask for there assistance.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I'm being evicted during covid-19, and I've been paying rent. Is there any possibility of suing my landlord/sub letter?

I've been living in a trailer with my roomate/friend for almost 6 months now, but until recently his attitude/mood has changed. I have tried apologizing for my side of why he is evicting me, and i've also tried fixing the "problems" that he's had with me, but he still... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2020

You want to counter-sue him for mere mental suffering? No, you won't get anywhere with that.

3 Answers | Asked in Landlord - Tenant for Florida on
Q: We were evicted from our house yesterday 11/23/20 I had no idea this was coming.A sheriff walked up & I said can I

help you the sheriff said you have 15 minutes to get out. I said what,why.He said evicted you have 15 minutes to get your stuff.Is this legal? I live in Florida.

I have checked online at clerk.net and also contacted Manasota Legal Aid they said they couldn't find any records of eviction

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 24, 2020

You should have been served with process, including notice of a hearing. If you don't remember being served, check with the court and see the return of service. Pursuant to that, you were apparently defaulted.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can i be immediately put out of a motel in Daytona Florida for non payment? My car broke down

Been here over 2 months

Barry W. Kaufman
Barry W. Kaufman answered on Nov 24, 2020

Yes.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: To BARRY KAUFMAN. RE:MY PREVIOUS QUESTION

Because I am disabled and am unable to even walk at the moment. We have been paying the increase per our agreement since July, yet they refuse to just get the lease signed. Are you in FL?

Barry W. Kaufman
Barry W. Kaufman answered on Nov 23, 2020

Yes. I advise you then to consult an attorney in your town to determine your rights.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord & I verbally agreed on the terms for our lease renewal in July,they refuse send a lease & claim holdover

We've tried since July to get them to send us a signed Lease, but they never answer. They're never available for phone calls and claim were holdover tenants now. They posted an eviction notice this month and said our CDC Declaration doesn't apply. We've called, emailed &... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 23, 2020

Now that you know that they don't want you as a tenant, why would you want to stay? I'd give them notice and move. Its going to cost you more to fight this with an attorney; although consulting a LL/tenant attorney may not be a bad idea.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can landlord in FL charge late fees during covid 19 pandemic? If not when is no late fee period?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 18, 2020

Yes, a landlord can charge late fees. Covid restrictions on the landlord do not prevent late fees; you are expected to pay your rent on time.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Does landlord has to pay utility when contract states that it's included in rent and tenant have not paid rent in FL?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 18, 2020

I would say yes. If the utility is included in the rent payment, the landlord is responsible for paying the utility company. If the tenant fails to pay rent and the landlord fails to pay the utility company thus depriving the tenant of utilities,; that could easily be construed as a self-help... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I be evicted if Management filed holdover due to lease expired and owner emailed me and said I could stay to Dec.

My lease expired in 2019 and I received a month to month lease with the expectation of purchasing the home but due to COVID everything was pushed back. Owner said I could stay until Pandemic is over. Sept. 11,2020 I received a notice to vacate October 31,2020. My lease states terminating this... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 17, 2020

1. No, you are no longer entitled to a 30 day notice because ALL the terms in your written lease expired in 2019 when your lease expired and thus are no longer effective.

2. You have nothing more that a month-to-month tenancy which can be terminated by 15 days notice.

3. Unless...
Read more »

1 Answer | Asked in Insurance Bad Faith, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: Damage done to my Apartment in Clearwater Florida.

I live in an apartment complex in Clearwater Florida, the management company just had my A/C unit replaced. However the contractors who did the work did a lot of damage to my personal property however, and since no one was home to supervise them and the management company did not have anyone... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 14, 2020

A Florida attorney could advise best, but your post remains open for three weeks. Based on your description, this looks like a difficult and messy situation. If you are able to find resolution through insurance, that might be your most economical route. Even if you retained an attorney to pursue... Read more »

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