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Florida Landlord - Tenant Questions & Answers
2 Answers | Asked in Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: My former tenant sued small claims for return of security deposit, we settled in mediation; tenant refuses to drop suit.

My former tenant sued small claims for return of security deposit, Pinellas County Florida. In mediation, we agreed I would return part of the deposit ($600) and he would dismiss the suit. I paid the $600 within the assigned time frame. I have a copy of the check he cashed. Yet he refuses to... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 1, 2022

Move the court to dismiss the suit with prejudice.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I was given 3day notice to vacate and was told via text he was keeping my security dep but never rec'd written notice

I was given 3 days to vacate for failure to pay rent on a yearly lease and I was out on day 3 as required. Landlord texted me and said he was keeping my security deposit to cover rent that was unpaid. Isn't he required to give me correspondence to my last known address with his intent to keep... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 1, 2022

Yes, he is.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: A family member stayed in our home as a guest for ten months. Now they're refusing to leave. What are my rights?

They have no lease and have never paid rent.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 30, 2022

You have the right to file a court action for unlawful detainer. It's similar to an eviction but for guests who won't leave.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a apartment housing company withhold a package (muzzleloadig rifle, legal to ship to any home address). in florida

exact verbiage in housing agreement is as follows "Prohibitions. Firearms, weapons, explosives or illegal drugs of any kind are strictly prohibited anywhere on or about the

Property, including in individual apartments and bedroom spaces (except government-issued service weapons carried... Read more »

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

You agreed to the firearms prohibition when you signed the Lease. Then, you had a weapon shipped to you. The fact that is legal to ship that item to any home address has nothing to do with the fact that the item is prohibited by contract anywhere on the premises, including your apartment.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: FL apartment lease states tenant responsible for pest control contradicting Title VI 83.50 Can landlord deny lease to me

based solely on me refusing to be responsible for pest control pursuant to above statue? ( sorry that’s Title VI 83.51)

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Probably. If he can't follow that statute, he's probably not following others. you don't want to rent from a guy like that. Go someplace else.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord wants to put a parking system in that includes stickers on our cars. Stickers $25 each and mandatory.

Parking has always been free in the complex’s private lot. Nothing in lease has ever said I agree to pay for a parking stickers. Do I have any obligation to buy these stickers or entitled to parking as I’ve always had?

Mark R. Osherow
Mark R. Osherow
answered on Sep 19, 2022

Since this is for the benefit of the community, it would likely be allowed, even with the cost to you. Landlords are generally allowed to adopt reasonable rules and regulations for the community. This would likely be considered reasonable, even though it includes a cost to you to participate. Of... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Florida on
Q: florida law. can a new owner of a motel that i have lived month to month for 3 1/2 years tell me to leave in one day?

motel has no lease and i pay month to month. i have been here for a little more than 3 and 1/2 years. the new owners knocked on the door and told me i had to vacate the premises by tomorrow. if it matters i am 70 years old and am a heart patient. please advise. thanking you in advance.

Jane Kim
Jane Kim
answered on Sep 16, 2022

It is 15-days notice whether you are deemed a commercial or residential tenant. If it is for non-payment (does not sound like it) then under commercial leases there is a 3-day notice requirement. At this point, they will have to follow formal eviction procedures to actually evict you. Therefore, I... Read more »

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1 Answer | Asked in Child Custody, Child Support, Domestic Violence, Family Law and Landlord - Tenant for Florida on
Q: the father of my child moved me into his home a year ago. Can he kick me out even if i have nowhere to go with my kid?

he gave me 1 month to leave his house because I caught him cheating. It escalated where he put his hands on me in front of my child. I called the police and reported it. I don't have family around so I have nowhere to go right away. I haven't worked in 6 months, he's been paying all... Read more »

Stephen Arnold Black
Stephen Arnold Black
answered on Sep 10, 2022

No, he cannot just kick you out like a dog. If you have stayed there for longer than 30 days, then he has to take legal steps to evict you. If you are married then different rules apply. But if you are just a houseguest, then he first has to serve you a notice to vacate, and then he has to file an... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I getting evicted I have no lease only a verbal and the owner isn't who I thought it was and now they want me out

My roommate my long time friend told me that he owned the property but his sister owns the property and now she wants to evict me I have a verbal agreement with the roommate but not the original owner and she wants to try to evade me I have not been given a written notice yet

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 7, 2022

The owner of the property can evict you.

The owner of the property can evict your roommate too.

You and your roommate need to find different digs.

3 Answers | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: A shelf in my apartment kitchen pantry fell hit me in my right leg and caused a blood clot to form. Can I sue?

Management was aware of the problem.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2022

Were YOU also aware of the problem? If you were, the defendant may claim that you assumed the risk of injury.

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3 Answers | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: A shelf in my apartment kitchen pantry fell hit me in my right leg and caused a blood clot to form. Can I sue?

Management was aware of the problem.

Domenic J. Celeste
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Domenic J. Celeste
answered on Sep 7, 2022

Yes, you can sue. The real question is what, if anything, will you recover? A lot more information is needed to determine how much you may get if successful or if you may even be successful. Remember, there's something called comparative negligence, which reduces your recovery (if you go to... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is an email offer contractually binding?

My landlord offered to pay my moving expenses to vacate the home we were leasing. Once we moved out, they refused to pay.

Jane Kim
Jane Kim
answered on Sep 6, 2022

Yes, it is binding to the extent you relied on it to your detriment.

The only problem is that the amount is likely too small to involve a lawyer.

Good luck.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: It’s been 5 days that our house that we are renting (going on our second month) that the AC has not been working?

We have 4 children ages 5, 3, 1 and four months old. The house at minimum is 84 degrees and my babies have been sweating and lethargic. We had to still pay rent and also pay to stay in a hotel. The landlord still has not had the AC fixed or offered reimbursement. We need help to break lease and... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 5, 2022

Unless your lease requires the landlord furnish A/C, he doesn't have any legal obligation to do so.

You have some options:

1. Secure his written permission for you to reduce your next month's rent by the amount of the repairman's bill. If he agrees in writing, pay for...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I break my lease early due to mold?

I'm a tenant living in an apartment complex in Florida, I wish to break my lease early (It ends in December 2022) due to black mold in and around the air vents. I've made several calls to the complex starting in mid July and nothing has been done about it other than a 30 second visit at... Read more »

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 4, 2022

Just seeing "black mold" around the air vents is not enough to terminate your lease without penalty. To break your lease, you'd have to, as a minimum, have a state certified mold inspector inspect and find that the mold that's there is toxic. There are molds that are not toxic,... Read more »

1 Answer | Asked in Libel & Slander and Landlord - Tenant for Florida on
Q: Is there anything I can do about my landlords making slander remarks to potential renters about me.
Stephen Arnold Black
Stephen Arnold Black
answered on Aug 30, 2022

Yes, if your landlord made a statement about you that is false, and made that statement to a third-party, that injured your reputation, then you can file a lawsuit against the landlord for defamation of character. You would need to establish that the statement was heard and the witness that heard... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord filed for eviction and I moved out during the eviction process is it still an eviction
Barry W. Kaufman
Barry W. Kaufman
answered on Aug 28, 2022

Yes. Once the complaint for eviction is filed, it will show up forever on the court docket as a complaint for eviction having been filed against you. Any landlord can at the public record.

2 Answers | Asked in Business Law and Landlord - Tenant for Florida on
Q: I was wondering if you are in a lease and they switch company’s without you signing a new lease is it possible leave?

Trying to get out of the lease

Jane Kim
Jane Kim
answered on Aug 23, 2022

It depends if your lease can be "assigned." Look for this provision. If it is there, your lease continues under new ownership. If it is not there, contact a lawyer to see if you can "get out of it."

Good luck.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord filed for eviction and I moved during the eviction process is it still an eviction in fl
Barry W. Kaufman
Barry W. Kaufman
answered on Aug 19, 2022

Yes. It's the filing of the eviction complaint that does the damage to your ability to rent, not the result of the lawsuit. Once filed, a civil action cannot be sealed. The eviction filing is permanent.

2 Answers | Asked in Business Law, Contracts, Landlord - Tenant and Real Estate Law for Florida on
Q: Can we sue a seller for our home if he breaks a rent to own contract?

My husband and I entered into a rent to own contract 3 years ago. We have followed the contract faithfully, including paying all property taxes for the last 3 years on the home and sending a certified letter of intent to buy before the due date on the contract. The property is owned by a company... Read more »

Michael  Mayoral
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Michael Mayoral
answered on Aug 16, 2022

You need to contact an attorney who handles contracts, business litigation, or real estate disputes and present them with all of the agreements and/or contracts concerning the property/sale, as well as the information for the property so that the attorney can research the property's chain of... Read more »

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1 Answer | Asked in Landlord - Tenant and Civil Rights for Florida on
Q: Hello! How can I have an unauthorized tenant removed?

I am currently living with a 25 year old female in a 2 bedroom apartment in Fort Lauderdale, FL. On the lease is myself, this female, and my mother. Mother doesn’t live with us. Her significant other has been sleeping here for about 2 months straight and she is refusing to have him stay anywhere... Read more »

Charles M.  Baron
Charles M. Baron
answered on Aug 10, 2022

The first issue is what the lease says, if anything, about how long guests may stay. The second issue is, does the landlord care? If the landlord cares, and the lease is being violated, the landlord may take action. If the lease is being violated, but the landlord doesn't care, you possibly... Read more »

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