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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hello, if I offered a replacement tenant for the house owner and she rejected, can she sue me

I bought a house, currently We're tenants and the lease under my dad name, he doesn't work I pay the rent for him. We want to break the lease my dad has health issues he can't pay the rent.

He has SSI which is not enough to pay house rent

He will move out with me

What do you think

Barry W. Kaufman
Barry W. Kaufman answered on May 30, 2020

You bought a house while you were paying your father's rent. If you stop paying your dad's rent, he will be evicted. But now that you've taken on the mortgage payment, you've left dad to pay his own rent, but he can't.

Your idea is to find another tenant to take...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: what are the landlords rights to entry during covid-19 in order to show home to prospective buyers.

The lease stipulates 24 hour notice given to tenant by landlord before entry. Tenant refuses access to the landlord. Citing concern of Covid-19. The property is in Florida.

Barry W. Kaufman
Barry W. Kaufman answered on May 29, 2020

To my knowledge, Covid 19 is not an excuse to not live up to the terms of the lease.

1 Answer | Asked in Criminal Law, Construction Law and Landlord - Tenant for Florida on
Q: Can a manager/contractor enter my apartment without providing ID in Florida?

I begged my landlord to repair apartment, they refused till I threatened to withhold, I don't think anyone has experience answering questions regarding the fact that masked people are at my door refusing to provide ID so I am removing this question, please do not comment further.

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

Unless you OWN the apartment you should not ever refuse access to the owner to make simple repairs to THEIR property. Your written lease probably has a clause in it that says what I just said.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: One of the tenants on the lease agreement is moving out at the end of the lease, as Landlord what do I do with t deposi

One of the tenants want to renew the lease

Is tenant moving out entitle for half of the deposit ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 27, 2020

If you have two tenants with two separate written lease agreements both agreements should speak to a security deposit and what is for. The tenant leaving is entitled to whatever part of their security deposit is refundable.

If there is only one written lease agreement for both tenants you...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: COVID made it impossible to pay $1200 so we were told to leave. Can they put a lien on our car without a court order?

It wasn't a lease or anything it was either to pay or leave and due to COVID we had to leave because we lost out on money. They threatened to call authorities and have our car repossessed unless we paid and put a lien and take our car. Is that possible without a court order?

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

This doesn't sound like a personal injury matter. Sounds more like a landlord/tenant issue in which you were given 3 days to pay the $1200 rent OR vacate the premises. If you failed to pay and had to be evicted, it's possible, depending on the lease you claim to not have, that you'd... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: What legal options do I have if the neighbors marijuana use permeates my apartment.

I have an apartment and in violation of the lease the neighbor is a heavy marijuana user. The smell now permeates my unit and is not allowing me to have the quiet enjoyment of my property. I have addressed this issue with the property manager repeatedly and they have done nothing to address it. At... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 20, 2020

Without reading the lease, it's difficult to say. The covenant of quiet enjoyment is between you and the LL, not between neighbors. I suppose that it's possible to make the argument that the LL is not enforcing the lease provisions as to your neighbor, thus by extension, denying you the... Read more »

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1 Answer | Asked in Real Estate Law, Communications Law, Internet Law and Landlord - Tenant for Florida on
Q: Is a landlord and/or condo HOA in Florida required to furnish a tenant w/ internet access (via wall jacks/cable ports)?

I've occupied a unit in a condo complex for the past 2 years. The building has known issues with cable wiring. Xfinity provided us with equipment for self installation, however our internet connection continued to fail after many attempts by service techs to repair. They finally told us that... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 20, 2020

Nobody is required to furnish internet access, unless the requirement is specifically mentioned in the lease. You have some options, I think: pay to upgrade the condo's cabling; move; or see if you can access the internet via satellite or some other wireless method of connecting to the... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am a Tennant who recently moved into a condo. The landlord/owner had me put my name on the water bill.

I received the first bill and noticed it was extremely high for 19 days of service, only using 700 gallons. I found out that the condo is on a Master meter. So I have to meet the minimum of 41.20 a month plus whatever my water and sewer usage is that month. In this case it is the Master meter which... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 19, 2020

I answered this question when answering your other identical one.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my Condo Landlord make me pay the bill for his community's master meter?

I live in a Condo Community in Celebration and noticed my bill was crazy for water. I found out it includes a min or base of 42 dollars that is mandatory per month plus what water i use. I used 710 gallons which comes out to less then 5 dollars for water\sewer. However they toss on the communities... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 19, 2020

Get out the documents you signed when you purchased the condo and look to find out what you actually owe. If you are not the owner then get out the written lease you signed and look to see what you actually owe. If you do not have a current written lease you are going to regret not having one.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I was misinformed on what my move in cost covered

When I was being shown the unit by the realtor I was informed that I would have to pay 1st, last, and security prior to moving in. When I filled out the application the paperwork also stated the money would go to 1st, last, and security. Once I provided the property manager the money he than... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 19, 2020

You didn't read the lease. Nothing else matters. I don't know how they can claim 2 security deposits, though. I am betting that whomever replied to your e-mail is a $12.00 hour worker bee, and not THE manager. Try setting up an appointment with that person to resolve what should be easily... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: my girlfriend and her 2 kids live with me. If I ask her to move out, and she refuses, what legal action could not take.

I live in Florida and I am the sole owner of my home.

Barry W. Kaufman
Barry W. Kaufman answered on May 19, 2020

Depends. If you had an agreement with her to pay rent, arguably you could evict her. If there was no agreement that she pay rent, you could eject her. Before you hire a lawyer, because you are not going to do this yourself, see if she will leave voluntarily, perhaps by offering her cash to leave.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can a landlord require me to sign a lease 8 months before my current lease ends? They said to sign or not be renewed.

I have a current lease at a UCF affiliated apartment that ends 31-July. I've paid rent every month, even when not in apartment.

In November, the manager said I had to sign a lease for Fall 2020 term or lose my apartment. I wasn't sure if I would need the apartment that far... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 18, 2020

Of course the November lease is valid. You signed a new lease.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Are rental homes required to have carbon monoxide detectors installed if there are gas appliances in the home?

The home I just leased April 2020 in Orlando,FL has a gas furnace and tankless hot water heater but no carbon monoxide detectors is that something the landlord needs to provide and install?

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

Each County may have different rules, so call Orange County zoning and ask them.

2 Answers | Asked in Land Use & Zoning and Landlord - Tenant for Florida on
Q: My tenant has opened a flea market on my property without permission. What can I do?

I don't want a flea market on my land. Also they've refused to pay rent for three months.

Barry W. Kaufman
Barry W. Kaufman answered on May 16, 2020

First thing Monday morning, get on the phone or the internet and find a landlord tenant attorney in your town/county; hire him or her, and tell him/her what you want done. Then let the attorney work his or her magic. if it was me, and my tenant hadn't paid rent in 3 months and opened a flea... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Were on a month to month rental agreement and we were just told by the property manager that we have to be out by may 30

2020. My husband was in jail and I talked to the property manager and explained to him that he will pay when he gets out of jail and he's just been home a week and he can't pay the rent right now because of losing his job and his bank account is frozen to fraudulent activity and we have... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 15, 2020

A 15 day notice is the minimum amount of time the landlord is required to give you on a month to month lease. The Covid 19 restrictions do not prevent a landlord from evicting a tenant for anything but the nonpayment of rent; and in fact the restriction is on the sheriff from serving a writ of... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: ex boss owns the property where we live,he had an attorney type a letter giving us 15 days to move. Whats our options

Letter not hand delivered as stated..found it in the hedges

Barry W. Kaufman
Barry W. Kaufman answered on May 15, 2020

It's possible the notice is ineffective. You should consult a local lawyer to discuss your options.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Could I sue my landlord for illegally removing my property changing locks and cutting off power without an eviction not?
Barry W. Kaufman
Barry W. Kaufman answered on May 13, 2020

The landlord is required to give you a notice that meets statutory requirements to pay the rent or vacate the premises. A notice that fails to meet the statutory requirement is a problem for the landlord. Not giving you any notice is worse. Changing the locks and cutting off the power is... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Could I be evicted with no lease agreement

You

My boyfriend has been living at this rental property for 3 years now. I moved in with him last year in May. He has been paying $350 in rent every month. He has text message receipts or texts stating that’ he paid and a couple paper receipts that were written to him. We notified the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 13, 2020

Of course you can, although eviction may not be the appropriate remedy to get you out. You had 5 days to answer the allegations of the eviction complaint, so there may be a default against you and your boyfriend. I suggest that you contact a lawyer, perhaps Legal Aid, immediately, as in tomorrow,... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My lease agreement with landlord not allowed anyone open the same business same mind but landlord let someone does and

They starting construction now. What should I do? Please help. Thank you very much.

Barry W. Kaufman
Barry W. Kaufman answered on May 12, 2020

You should go hire a lawyer to help you. There's no way that anyone online can advise you about something like this.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: My Inlaws pd cash for land in '99 for me to place my MH on w/LEASE. Sis got POA & QCD to my son

My father-in-law recently passed. She did QCD w/son bk in 2014 & he filed a QCD/LIFE ESTATE to a friend in 2017. I'm still in same MH on land & have pd. Taxes(gave him cash) over the yr.s. Can his FRIEND sell & MAKE ME MOVE? Husband ESTRANGED but ORIG. LEASE was between... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on May 11, 2020

Your question is someone difficult due to all the abbreviations. Whoever is the current title holder can decide who he wants to lease to and if that person wants you off then that is a possibility. You need to go to a real estate attorney in your area and have your lease and the documents that... Read more »

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