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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can landlord withholding rental history verification unless rent renewal/move out letter is signed ASAP (due in 9 days).

I am currently living in a rental home with my lease being up 12/31/2020. My landlord requested I sign a renewal/move out letter 60 days prior to my lease being up. Since 10/8 I have received 13 emails (4 today) and 5 text messages requesting this. I do like where I am currently living, however I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 23, 2020

Rather than spending several hours looking for current Florida case law to support or undercut this ingenious way to make tenants notify their landlord whether they are staying or not I will just advise you to make up your mind now instead of "stringing them along" and making them very... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my landlord refuse to fix my AC if im a renter on a verbal month to month lease? I live in Miami, FL

What am I legally bound to if I move out because he hasn't fixed it and do I have to pay my rent if he hasn't fixed it?

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

Your landlord is not required by law to furnish A/C. If you had a lease that required him to do so, then he would be. But you don't. You are required to pay your rent whether he fixes the A/C or not. Since you are on a month to month, you can give him 15 days written notice that you are... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can a landlord present a new lease a week after signing increasing rent 300 more dollars?

Our landlord picked up rent this month and produced a lease with 1500 per month (it was 1400 prior). We asked for time to think about it and they said yes, take the time you need. Three days later we were out of town getting married and he text asking for the extra set of keys. I stated we were in... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2020

1. All agreements of any kind that deal with real estate MUST be in writing and signed by both parties.

2. Written leases expire on the date stated in the written lease.

3. Your lease expired before you left town.

4. Nothing your or your landlord said ORALLY about...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it possible for me to get put out, if my landlord has the wrong last name on my lease and the eviction notice?

My family and I was renting an apartment, and the landlord nor company would not fix nothing at all, my bathroom roof fell on my child, my floor leaks water and my kids got fungus skin infections from it, mold on my roof, walls,etc. And I and my daughter has asthma that gets triggered because of... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 22, 2020

IF you don't contest it in Court, yes. The judge doesn't know anything except what's put in front of him or her. If you have just received the 3 day notice to pay or vacate, you should leave before an eviction complaint is filed. The mere filing of the complaint is enough to damage... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Are text messages considered 30 day notice or does it need to be on paper?

Our lease will be up march 2021. We have a written lease. My landlord just text me advising we have 30 days to move out. When i told her i jus paid rent and to give me 60 days or return my rent she said "you have 30 days. Read your lease" in my lease it states and i quote "11. Upon... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 18, 2020

Yes, I suspect that a judge would find that a message by text qualifies as written notice.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my utilities account be closed without my consent?

Going through eviction proceedings and have a court date for the 21st. I get a call from FPL saying my account is being closed because they’ve been notified I’m moving out and another customer is starting an account at my address.

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

Although you are not going to like the answer you need to hear it anyway:

1. Unfortunately, the law does not operate nearly as fast as FPL does when they smell money.

2. Absent some very good reason, FPL does not need your consent to switch their electric service from your name...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I evict a tenant at the end of his lease agreement (Nov 30, 2020) despite the ban of evictions?

Also, the family had a case of coronavirus in May. They are working now. They were paying part of the rent occasionally, but the debt is more than 5,000.00.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2020

I see several corrections that are needed here:

1. The recent "ban on evictions" expired August 31.

2. Landlords can get rid of tenants at the end of a lease term for any reason.

3. Doing so is not called an "eviction."

4. It is called...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: I have asked for a written lease agreement from our landlord since we moved in. She never d it d a walk thru with us to

The landlord never did a walk thru with us prior to moving in. Sh I just handed us the keys after our verbal agreement was made. We communicated the repairs we had to bbn make due to the condition the house was left in by the previous tenant. These repairs ranged from repairs to doors inside from... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 16, 2020

No, you don't have any right to purchase the property; such an agreement would have to be in writing.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord is selling the home I rent from her and she has asked me to move out via an informal email on the 29th of

Sept and gave me until 10/31/2020, and if needed , 11/30/2020. I paid Oct rent and subsequently found a rental on oct 5th, with a move in date of Oct 17. I notified my landlord that I would be vacating on the 17th. By the way, I was on a month to month basis. Landlord told me that people dont move... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 14, 2020

While she is incorrect when she says that "people don't move out mid month", she has no obligation to pro-rate the rent for October.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: So my landlord bought the rental that i reside in , in march of this year, sight unseen. I have lived there for 4 years

The prior owner had not yet fixed issues that were wrong. The current landlord asked me to move as she wants to sell already, but, she wants me to pay for damages incurred prior to her purchase, that had been there since I moved in. She never came to look at the house before buying it.. can she... Read more »

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

1. The current (new) landlord acquired all the rights owned by the previous landlord by operation of law.

2. Likewise, the current (new) landlord acquired all the liabilities owned by the previous landlord by operation of law.

3. I am thinking that any competent lawyer could...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: How do I go about breaking my lease, landlord won’t fix my a/c?

I’ve put in numerous request to my landlord but to no avail. Even gave them a 7day notice. I’ve now been in my apartment for about a week now with no A/C. This building has several health code violations by the city. The city is of Coral Springs is now in the process of putting a lien on the... Read more »

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

Unless your lease requires your LL to furnish A/C, he is not obligated to do so. Talk to a local attorney to see what your options are.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: We have black mold in apartment notifies property manager nothing done been over 60 days

We have done multiple mold tests

Barry W. Kaufman
Barry W. Kaufman answered on Oct 10, 2020

Ok. Most mold is not toxic, and if you didn't get the test done by a state certified mold remediation company, the tests fall into the "so what" category. In other words, they are meaningless.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: FL lease has liquidated damages/early termination addendum. landlord claiming I must pay remaining 8 months. can he?

I've lived in same apartment in FL for 7 years. Original lease included the liquidated damages/early termination addendum with a fee of $2400 in case of early termination and says landlord waives other remedy. Each of the last 6 years we signed a simple 1 page extension with new rent amount,... Read more »

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

Unless one of the seven or eight re-ups change that term the original lease term is still in effect. Wait until you close on the new house then copy the original term and tender the $2,400 along with the copy of the liquidated damage term. Then move out.

1 Answer | Asked in Cannabis & Marijuana Law and Landlord - Tenant for Florida on
Q: My neighbors door stairs have a medical card saying the can smoke weed but the smell is getting into my apartment and my

My apartment complex won’t do anything about it what can I do ?

Barry W. Kaufman
Barry W. Kaufman answered on Oct 7, 2020

One thing you can do is ask your landlord to move you to another apartment. It would be at your expense. I suppose you've already talked to the neighbor, and he's refused to make accommodations for you.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My lease was up August 31 2020 and landlord refused to renew it so i had to move during Covid-19
Barry W. Kaufman
Barry W. Kaufman answered on Oct 3, 2020

Ok. Your landlord was prohibited from evicting you for the sole reason of nonpayment of rent. Landlords could evict for any other reason. Landlords were never required to renew leases. You dont have a legal issue.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is my condo association allowed to charge additional fees of roof assessment even if the roof work hasn't started yet?

I received a roof assessment of $3,060 early this year from the condo association where I own a condo unit (bought in November 2019). I've been been making payments of $255 each month since March 2020 (already sent $1,530) and decided to stop making payments this month of September due to no... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 28, 2020

Your condo HOA association documents should spell everything out. In all likelihood, they can charge the fees so that the HOA has the money to pay the roofer, rather than start collecting money when the work starts.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord has not paid owner rent in over 6 months a eviction notice for 24 hours was put on the property we live at.

Can they legally evict us as we are on a monthly payment basis.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2020

Yes, they can. if you are subleasing, the primarily lessor has to be paid their rent. However a 24-hour notice is not sufficient; perhaps they served their lessee previously and the posted notice was just for your benefit.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Is my landlord responsible for lawn maintenance and repairs?

I have been in the home 8 years and have been paying $85 a month for lawn maintenance and as well have paid for many repairs as Ac and screen enclosure damaged due to past hurricane and the landlord was well aware of it and told me a few times his Repair man will be free to do repairs up to two... Read more »

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

Unless your lease requires him to provide AC, he is not required to fix your AC when it goes out. You have no right to fix things on your own without his written permission and then expect to be reimbursed. Same thing with the lawn. If the lease requires you to maintain the lawn, you have no reason... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I break a lease on my apartment due to safety and a health hazard?

I live in apartment and I am unable to use my screened porch and Closet on porch for 4 years now. The porch beam that is supporting the 2nd floor porch is rotten and collasping. Due to the rotting beam, water is leaking into storage closet and porch causing mold, smelling and odor. When I go out... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2020

While I cannot advise you what to do or advise what might happen if you do break your lease I will tell you that most cities and counties in Florida have great health departments that tend to situations exactly like this. Give yours a call.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I am currently renting, can I stop the landlord from showing my home during the pandemic? he is trying to sell

my landlord contacted me stating he has someone coming today for a home inspection, got a knock on the door and it wasn't a inspection at all, it was a woman that was told to come view the home for a potential sale.

What are my rights here in Bradford County FL, can I prohibit the... Read more »

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

Not really. Take a look at your lease.

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