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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Insufficient notice of non-renewal of tenancy from Landlord.

13 month lease states that either party must give 60 days notice of non-renewal. I was given notice today 31 days away from the end of lease that I need to move out on the last day. The lease states it automatically goes month to month. What are my options? 31 days is not enough time to for me to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 8, 2023

Yes, you should immediately remind them of the 60-day language of the lease.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I legally record loud upstair neighbor as recordings are noises and not talking to prove to management noises?

I have a loud upstairs apartment neighbor for that I have filed complaints about due to excessive running, slamming, and pounding. I have been asked to have someone come out and hear it but either no one has come out or the noises don't last long enough. I have written records but still would... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 3, 2023

Can you record the noise as heard in your apartment? Of course.

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...
Read more »

1 Answer | Asked in Criminal Law and Landlord - Tenant for Florida on
Q: An adult tenant assaulted minor children for the second time what are my rights moving forward with the landlord

A tenant in the park has assaulted a group of children and was arrested. Come to find out he did the same thing last year to another group of children. He was allowed to remain in the park and the other tenants were not notified of the incident. Now that he has done it again what are my rights... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Feb 1, 2023

A property manager/property owner is liable for damages resulting from a tenant on tenant assault, provided that the manager/owner knew or should’ve known that this tenant posed a dangerous risk to other tenants. You should retain counsel here in the state of Florida for contingency fee... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord terminate my lease does it affect your credit

If my Landlord terminates my lease because of a lease violation ( though I do have proof that the accusation is false) will it hurt my credit? At this point I’m sick of my landlord and their management company and I want to get out.

Carolina Nunez
Carolina Nunez
answered on Jan 31, 2023

It depends on the terms of the lease and the circumstances surrounding as to why you may want to terminate. Most standardized leases have an option that they can collect and attempt to recover damages as a result of the breach of the lease contract. However, it is possible that there are defenses... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I was served a writ of possession, and had it stayed by the court, but they lifted the stay does it need to be re-served

What is the procedure now that the appeals court lifted the stay, does a new writ need to be issued, do I get re-served or am I basically going to have the sheriff come anytime now to throw my stuff out, I have movers scheduled day after tomorrow so I don’t need much time but wanted to know if I... Read more »

James Clifton
PREMIUM
James Clifton
answered on Jan 30, 2023

If the stay has been lifted, the original writ can now be enforced by the sheriff. No new writ has to issue or be served. The sheriff will show up when the landlord schedules the writ to be executed. It could be any day now that the stay is lifted.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: HOw can I fight a mobile home park about them not renewing our lease for a reason that was discrimitive?

There was a problem in our park on New Years where my husband was trying to break up a fight with some residents, those residents turned against us and made reports to management that just was not true. Now they are serving us with a non-renewal. We own our home but rent the lot. We feel... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 26, 2023

Having been accused of violence in the course of breaking up a fight doesn't sound like discrimination on the basis of being in a suspect category (race, etc.). So, unless the mobile home park's agreement proves otherwise, they can get rid of you.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal fora lease application to make you give your bank username and password to complete the lease application.
Barry W. Kaufman
Barry W. Kaufman
answered on Jan 16, 2023

I dont know whether it's legal, but it's extremely inappropriate and if I were applying to rent and the prospective landlord asked me for my bank's user name and password, I'd immediately terminate the application and tell the landlord to take a long walk on a short pier.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is property in a trust , allowed to be rented

The trust is irrevocable. The beneficiaries are the deceased daughters. New deed has not been issued yet.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 13, 2023

Yes, assuming that the trust doesn't provide otherwise. It would be up to the trustee.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: We are still unable to attend board/membermeetings of our condo association since Covid. Is this legal? I live in FL
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 13, 2023

Check the governing documents of your association. Presumably it was organized as a Florida corporation. Normally the laws provide for members calling for a meeting. And to my knowledge there was no emergency rule suspending the laws regarding such meetings; in any event it could have been done... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Lease extension in FL

Florida: I have signed a renewal lease with my tenants for 6 months, ending in May2023. The condo is in HOA and they implemented rules, as follows: "No lease shall be for a period of less than six months. Units shall not be released more than once in any six-month period and rented once a... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 2, 2023

That's impossible for any lawyer to answer without actually reading the whole document themselves. There could be other language that affects the meaning of this provision, including the definition of "released" and "rented." If you are going to be a landlord you need to... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I was wondering if I broke a Florida rent lease could other states see that on my record an make it hard to get a apartm

I need to move back to Ohio and need to know more about braking a lease

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 1, 2023

Yes, if you break your lease, it will probably appear in your credit report and Ohio landlords, if they order a credit report, might not rent to you because of it.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a month to month tenant who is late paying. I gave notice of rent default letter stating to pay in 7 days or will

take further action. Date has passed for tenant to pay up. Do I now have to give tenant a 15 day notice to end month to month tenancy? I am located in palm beach county.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 26, 2022

Cease work. You have no real idea what you are doing, and you are liable to make an error which will cost you.

You don't send a 7 day notice when the tenant refuses to pay, you send a 3 day letter, properly delivered and which conforms to the statute.

Many counties, Palm Beach...
Read more »

1 Answer | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: Can a officer come on private property and demand your ID if they wasn't called

Was durning an eviction, but landlord had agreed to given us more time to move the day before , in front of another officer.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 20, 2022

"It was during an eviction" - this means that the sheriff was there to execute the writ of possession. What happened the day before is anyone's guess, but once the writ of possession is posted, the sheriff is going to come out on their schedule. The answer to your question is yes -... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I rent a1bdr condo in South FL.My lease ends Aug 31st.My landlady just told me she's putting it on the market in 3 days.

I'm in my 60's with compromised health and due to Covid concerns,am fearful of having a bunch of realtors and strangers coming through my home as I'm afraid of catching Covid. I don't want to show the place as masks are not enforced here.In addition I rented this place furnished... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 20, 2022

Generally, you have to cooperate with your owner because its her property. Your lease may give specifics. The key is reasonableness. Even if its sold, the new owner takes subject to your lease; your lease doesn't end with the sale. However, if the new owner chooses to not offer you a new... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can a notice of eviction be filed on the third day of a three-day notice or after the third day of a three-day notice

For example, if you received a three-day notice on a Tuesday, then the third day of the three-day notice would be Friday. So, can your landlord file for a notice of eviction on Friday, or must they file for eviction after Friday.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 19, 2022

The day you are served the 3 day notice is day zero. Saturdays, Sundays, and holidays are not counted. So lets say the LL posts the eviction notice on Thursday. Day 1 is Friday. Day 2 is Monday. Day 3 is Tuesday. If you have not vacated the space or paid the rent by close of business on Tuesday,... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can you be served while on vacation? Is it valid if you are not there?

I am out-of-town and my mother is trying to evict me. I was told by someone that there I was served because of its on the door.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 16, 2022

Yes. Service of an eviction complaint is valid if its posted on the door.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can someone not on the lease evict you in Florida? Or does it have to be the landlord?
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 12, 2022

Eviction is a legal term; it is often used as a catch-all phrase. For an eviction, there must be a landlord-tenant relationship. If there is not that legal relationship, there cannot be an eviction. There are other ways to legally remove someone from the premises, but generally these actions are... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: If I pay my Dec rent late by 1-2weeks. Could I be evicted before the month is over? Even after paying in full?

Informed landlord of late notice but no response

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 8, 2022

There are specific laws on eviction with time limits and notice requirements. Your best course is to communicate with the landlord. Speak with a local real estate lawyer for more specific advice.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord charge me for future rent if I break my lease?

My landlord went up on my rent and planning to raise it again in February, so I've been looking for another place.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 7, 2022

You cannot be held liable for an amount of rent that you did not agree to pay. In other words, you can only be held liable for rent that is required by your present lease.

I recommend that you thoroughly review your present lease and furnish the landlord any notice that might be required of...
Read more »

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