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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Q: Can a property manager collect applications fees and deny for credit reasons but didn't even rum report no inquiries fou

Because of his not processing applications I was given stipulations out of my control but in his hands. They too where denied. Now Im facing eviction

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

1. In residential rental situations where there are two or more residents on the same lease, the standard industry practice is to require every resident to undergo the same application process as everyone else does.

2. Most if not all licensed rental property managers require a nominal...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Weekly rental here in Florida. Today I am behind two weeks. Tried to pay a week and landlord is denying the money order

Say if we dont pay it all we have to move out

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Unless you have a written agreement that allows you to go two weeks without paying any weekly rent to your landlord, and also allows you to pay only one week of the late rent using money orders I am afraid that the landlord will win this dispute.

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Florida on
Q: Can a pm collect fees for applications and deny me. Then give me a stipulation for 2 co signers and d3ny them both.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Sorry for my lack of knowledge of acronyms that you must like to use--but what in the world is a "pm?"

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my leasing office or apt mngr fine me for not following there trash can policy?

We had permanent trash can on our porch (door step) they have now changed companies and say the trash cans have to be taken in to our appartment. I need to know if it's legal for them to fine for not taking g the trash can into my home or placed on the patio

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2019

This is not a legal question. Unless your written lease allows you to keep your trash can on the front porch--where all the other residents and anyone coming by have to see it--you are probably going to lose this stupid altercation.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Our landlord had our neighbor give us a 3 day notice for eviction Oct 9. His address nor phone number is not on it

Is it true that it is not an appropriate document without that information?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

Florida Statute 83.56 provides in pertinent part that:

"... The 3-day notice shall contain a statement in substantially the following form:

You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of leased premises,...
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3 Answers | Asked in Contracts, Civil Rights and Landlord - Tenant for Florida on
Q: Is it okay if a police officer records you and uses you as evidence without your knowledge?
Linda Liang
Linda Liang answered on Oct 15, 2019

No, it is not. But why is this question in Landord-Tenant session?

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1 Answer | Asked in Collections, Contracts and Landlord - Tenant for Florida on
Q: I have a grown son living in my house. We want him to move out. The problem is my wife borrowed four thousand from him

For the down payment. We have been paying him back one hundred a month. He says we can't make him leave because of the money and because he lives here and receives mail here. What can we do?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 14, 2019

This is not a legal question. This is a (very sad) personal dilemma created by you and your grown son. Unless the oral contract between you and your son is in writing it is no enforceable--by you or your son. Thus I am unaware of any legal remedy you could use lawfully to evict your son. At best... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I put in a sublease form & the landlord said they found someone & asked me to move out I did then was charged for rent

I was planning on subletting my apartment which my landlord agreed to, they told me it was my responsibility to find someone which I had no problem with. I submitted the sublease form and fee and was called by the landlord informing me that they found someone to take over my lease and if I can move... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 10, 2019

Unless you have something in writing from the landlord that proves the substance of what you were doing and had agreed to, you may be unable to defend against the rent and late charges. Everything MUST be in writing when doing anything involving real property (land and buildings).

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I'm in Florida can a tenant kick you out for having your girlfriend or boyfriend spend the night?

I've been living with my mother for about 3 months. I was recently going to have my girlfriend spend the night with me and my mother told me she wouldn't allow it and if I did she would kick me out.. she threatened to get an eviction and told me if I did have my girlfriend spend the night she would... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 30, 2019

Wow. Has it not yet occurred to you that--being a 32 year old man who lives with his mother--is very unusual? And has it not yet occurred to you that your mother is the tenant on the lease--not you--and can decide who can sleep there? And has it not yet occurred to you that if you want to have your... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: 5 yrs ago my sister n brother-in-law moved into my house. Agreement: theyd use backrms. we'd share kitchen/laundry/yard.

Couple yrs ago my brother-in-law put up a tent (like you'd park a car under) in the backyard. He's gradually junked up the yard, accumulating more tents and trash. I've told him verbally and in writing for over a year to clean it up. Last yr he actually began living under the tent, sleeping,... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 26, 2019

While there is nothing stopping you from just telling him to leave, if you need to force him to do so you need to evict.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What are the laws concerning tenants not informing landlord of issues and costing the landlord more money

We have tenants in a home in Indialantic Florida. Numerous times they have not let us know something was broke or not working properly until the damage was expensive. A faucet leaked into new flooring for 2 days and then they let us know, Cost us $1500 to fix. A few weeks ago the ac compressor... Read more »

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

Free practical advice offered for the last 41 years to people starting or operating small businesses--or trying to make money renting property, painting signs, mowing yards, whatever.

The main difference between successful small businesses and those that fail within a relatively short...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: We have tenants in a home in Indialantic Florida. Numerous times they have not let us know something was broke or not wo

We have tenants in a home in Indialantic Florida. Numerous times they have not let us know something was broke or not working properly until the damage was expensive. A faucet leaked into new flooring for 2 days and then they let us know, Cost us $1500 to fix. A few weeks ago the ac compressor went... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2019

If they fail to pay rent as threatened, evict them.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: We were required to leave our apartment for termite removal for 3 days.Should they be required to compensate out of rent

We were required to leave and take most of our food, all medication, and pets out of our apartment for Termite Removal. They offered a stayed in a hotel but found out after the fact. We just wanted compensation out of our rent for the 3 days we had to be out. Are they required to give a form of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2019

No, probably not.

1 Answer | Asked in Contracts, Civil Litigation, Landlord - Tenant and White Collar Crime for Florida on
Q: Landlord breached lease w/Code violations. Agreed to $50/per day credit per issue (3) on record, 22 months. Help recover

Racist landlord using rental address for food stamp fraud, refused to make electric repairs, putting lives at risk. Using harassment notes and text msgs to extort money. Used address for FEMA fraud and refuses to disclose security deposit details. Multiple county code violations on public record... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2019

Move out quickly--before all these serious violations come home to roost--right where you live.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: The utility room and kitchen floors needed replacement after a burst pipe flooded my small apartment. It's been 2 weeks.

Neither room is completely repaired (the carpet probably has to be replaced as well). How long does a landlord have to finish the current job? I have given them access every day, and have been inconvenienced, to say the least. Thank you!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2019

There is no set amount of time for a landlord to fix things.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I be charged a fee for failing to provide 60 day notice of intent to move?

I live in Florida and failed to give 60 day notice to my landlord of intent to move. They are now stating that there is a fee of 1 months rent since it is inside the 60 day window. I received a notice asking of intent to move or stay but it did not have any fees or fines listed on the notice. I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2019

You are correct: the answer to your question is contained in the written lease. Most leases allow landlord's to impose some fee or sanction on tenant's who do not inform the landlord that they are leaving at the end of the lease.

1 Answer | Asked in Civil Litigation, Real Estate Law, Personal Injury and Landlord - Tenant for Florida on
Q: If my girlfriend and I are both on the lease and in an eviction lawsuit and she moved out completely, what can I do

My girlfriend and I split up and she moved out of the condo we rent, in the middle of an eviction lawsuit with our landlord. They are trying to evict us because I found mold inside while doing repair work like painting and patching holes and i have MULTIPLE health issues due to mold exposure and I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 18, 2019

This wonderful free legal advice forum was not created for--nor intended to be--a place where people who have already hired lawyers to represent them can ask questions about their case that should be directed to their lawyers.

1 Answer | Asked in Real Estate Law, Estate Planning, Landlord - Tenant and Probate for Florida on
Q: My sister died a few weeks ago and she was buying some property and I was living with her helping her pay the payments

She told everyone before she died that it was going to be left to me but the property is in her name how do I go about switching it in my name and make the payments where she left off and how would I go about getting power of attorney to handle her legal paperwork?

Phillip William Gunthert
Phillip William Gunthert answered on Sep 18, 2019

Very sorry for your loss and the passing of your sister, please accept my condolences. You will need to contact a Florida Probate Attorney. There is no power of attorney after death as any power of attorney ends at death. If there is no Will, then the Florida Intestate Statutes (without a will)... Read more »

2 Answers | Asked in Legal Malpractice and Landlord - Tenant for Florida on
Q: Is renter or owner responsible to replace sod in yard?

I have tried methods to resolve over the 3 years I have lived in this house. Nothing held up. All other houses around me have added new sod over that time. I have had several companies come out to assist. All recommend new sod. Landlord is saying this is my responsibility. A daily fine will... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 9, 2019

It depends on the terms of your lease, but I expect that the local government or HOA (whichever is threatening the fine) will have to go after your landlord.

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