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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.
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,... View More 
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.
answered on Dec 16, 2022
Yes. Service of an eviction complaint is valid if its posted on the door.
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... View More
Informed landlord of late notice but no response
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.
My landlord went up on my rent and planning to raise it again in February, so I've been looking for another place.
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... View More
This landlord has gone thru the Pinellas County court system and a final eviction was posted yesterday. The Pinellas County Sheriffs Office said they are swamped and won't be back until Monday.
divorce states husband to pay mortgage and the home is wife's primary residence ex husband is now demanding wife and sister in law to pay portion of mortgage and if not they both need to leave.
answered on Nov 29, 2022
Without reading the divorce decree, it's difficult to say but in general, if the Court granted the Wife the exclusive use of the house and ordered the husband to pay the mortgage, then he has no standing to demand that anyone do anything. It may not be a bad idea for the Wife to engage the... View More
If I live in a home where I rent a room and I suspect that the other tenants are making illegal substance and dealing in stolen bicycles what can I do? I can't afford to move and I don't want to get anyone angry at me either.please help
answered on Nov 27, 2022
As the saying goes, "You can't have your cake and eat it too". Either move, get the other tenants angry at you (by reporting them), or risk get in trouble with the law. If the authorities find out about the illegal activity conducted in the home, you will probably be accused of being a part of it.
Last month in lease term. 2 weeks have gone by with no air conditioning and no response from the property manager. Having to use money for hotels just to get a good night's sleep. We feel as though he is avoiding fixing the issue because we have to move very soon. Is there any legal action... View More
answered on Nov 25, 2022
Unless the Lease requires the LL to furnish A/C, he is not required to do so. you have no case to withhold rent. That would open up a much bigger can of worms.
My girlfriend and I are want to move into a complex. We saw a floor plan similar to the unit we want and with all their mentioned utilities included, it's $1583. We applied and got approved 11/9, unit is available 12/15. They sent the lease 11/12. We review it and sent some questions 11/13. No... View More
answered on Nov 18, 2022
No, no, no, and no. While I won't defend them, if you don't like the way you were treated , go someplace else.
The apartment complex does not allow one to break the lease.
answered on Nov 9, 2022
Sorry to hear about your son's ordeal. I assume your son is on the lease, not you, unless you also signed as a guarantor. Whomever signed the lease, it cannot be unilaterally terminated unless the terms of the lease permit it due to situation you are talking about, and I'd be surprised... View More
A lease agreement that has been illegally altered, and was never properly filled out. Also, tenants name is misspelled on every part of the document where it appears. Landlord write in his name as tenant in one place on an addendum. What law requires documents to be properly filled out to be... View More
answered on Nov 9, 2022
It's a matter of basic contract doctrines under common law (binding appellate court decisions), plus requirements imposed under Florida Statutes Chapter 83. A lease that is "not being properly filled out" may or may not be enforceable. Errors in filling in blanks might be... View More
I attempted to use a single extension cord plugged into a hall outlet so that I am able to do my job; the property manager has twice removed it. Once with no comment, and the second time said I cannot use the buildings power despite there being apparent reason for mine to be inactive. It's... View More
answered on Nov 7, 2022
No, you cannot use the building's power. Why would you think that's OK? Moreover, you rent the apartment to live in, not as a business office. You should find out why your power is shut off. Are you supposed to complete a maintenance request?
I signed a contract and paid deposit for a unit retail space at a plaza. The previous landlord sold the plaza. The new landlords obtain a property management company. The property management company hardly responds to my calls or text. I never moved into the property and now they are saying I am... View More
answered on Oct 30, 2022
The general rule is that if a property is sold, the the new owner would have to take the property subject to any leases that exist at the time title transfers. However, there may be exceptions. You should have counsel review the leasehold agreement for advice.
I understand it to mean landlords may continue accepting rent after filing eviction as long as steps 1 and either 2 or 3 are followed. Ive read other places that under no condition may landlords continue to accept rent or the case is thrown out. If I don't understand the statute could someone... View More
answered on Oct 29, 2022
The key sentence is "... However, a landlord does not waive the right to terminate the rental agreement or to bring a civil action for that noncompliance by accepting PARTIAL rent for the period. ..." ("PARTIAL" in all capitals for emphasis). Thus, if the landlord accepts full... View More
She has now told us we have to move out but we have nowhere else to go. What is the procedure she has to go through to put us out? What are our rights?
answered on Oct 24, 2022
If there is an agreement to pay rent, or an agreement to provide services or labor between you and mom, you may be considered a tenant. If not, you are a guest. If a guest, you must leave now. Whether you have a place to go (tenant or guest) is legally irrelevant. What you want to avoid is a... View More
The wheels are on his property but about 5 feet of the trailer sticks out into my yard where my kids play. would it be the same law if a tree branch from another yard hangs over your yard?
answered on Oct 19, 2022
Yes, in a technical and legal sense, your neighbor is trespassing because his trailer is encroaching upon your property. It is the same as when a neighbor's tree hanging over your house falls on your house. The neighbor would be liable.
answered on Oct 19, 2022
Generally, the lease isn't voided, it's modified - IF the modification is in a signed writing, and to be safe, it would be good to have it witnessed.
Our rental home was hit directly by hurricane Ian. The house is habitable, lights, water, roof, etc are all working. We are working with an insurance adjuster and insurance company to work the remaining repairs. The tenants are now saying they are going to deduct the cost of a temporary fence from... View More
answered on Oct 18, 2022
There are very few justifications for a tenant to withhold rent, and this is not one of them. Tenants owe you the full amount of rent, and this garbage of "we rented the place with a fence" is just that unless you are obligated by the lease to provide a fence.
You should have a... View More
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