Ask a Question

Get free answers to your Landlord - Tenant legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Landlord - Tenant Questions & Answers
2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Find out if a very restrictive addendum that is referenced in the lease is binding, since the landlord didn't sign it

I am in City of Miami (Miami-Dade), FL, renting one unit in a duplex home & have had issues with my landlord and he's not willing to let me out of the lease without paying an early termination fee or liquidated damages, I'm willing to provide 60 days notice and he's likely to get... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 18, 2022

Hello! It is difficult to give a good answer to your question without reviewing the lease and addendum. You should consult with a landlord tenant attorney in Miami. The attorney will need to review the exact wording of the lease and addendum agreements in order to give you advise as to your options.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is there Florida case law concerning the implied warranty of habitability and a cockroach infestation in a condominium.

The infestation existed at the time the tenant moved in.

Stephen Arnold Black
Stephen Arnold Black
answered on Oct 15, 2022

Yes a cockroach infestation is a breach of the implied warranty of habitability in her lease.

1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: If you are renting a storage unit and the units are broken in but the storage facilities gate code and gates are not ope

Operational can you sue the storage facility for not providing security to the premises as part of their advertisement Numerous units broken in and locks were all purchased through the storage facility. Location Orlando, FL and renters insurance only covers $1000

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 14, 2022

An advertisement is just that. Your contract is what's important. You have to determine whether the facility has a contractual obligation to provide security. If not, perhaps there's a common law duty to safeguard your possessions. Consult an attorneybif the value of your possessions is... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it the responsibility of the landlord to provide housing when the single family home in Florida is uninhabitable

Electrical repairs are being completed following an inspection. The property manager is trying to force us to use our rental insurance to pay for temporary housing and abate rent, however the rent has already been paid for this month

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 11, 2022

No, it's not the LLs responsibility. Pay for the temporary lodging and get a rebate on November's rent.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What are tenants rights in Florida after a natural disaster/ no damages. We were asked to leave before hurricane hit.

Our lease ended in august, landlord gave us until 10-31 to vacate, we were going to sign a new lease , and at the last minute he cancelled it . Have paid sept rent , Oct not yet , due to uncertainty of where we can go. No rentals available, competition of now displaced hurricane residents.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 9, 2022

I'm not sure what rights you believe you might have. There's no specific rights afforded a tenant after a natural disaster.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord told me 57 days b4 less is up of $200 hike. 60 day notice is required to terminate. Can he do this?

My rental/lease agreement is from 11/27/21 to 11/30/22. Lease stipulates “Resident or Landlord may terminate lease with 60 days written notice.” My landlord called me yesterday, 57 days before my lease expires, to inform me he is raising my rent $200 a month. He then texted me the amount. Can... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 8, 2022

There is nothing illegal about this.

The landlord is NOT terminating your existing lease.

The landlord is telling you that if you want to RENEW the lease, it will be $200 more per month.

You have two choices:

(1) Stay there are pay the new rent or

(2)...
View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: I live in Florida, a category 4 hurricane just hit. My apartment is not livable. Landlord doesn’t want to break my lease

I also had to pay rent for this month even if i have not been living in my apartment for the last 4 days. I want to know if I can break my lease without penalty. I was told by the landlord I had to pay rent and cannot break my lease before it’s date.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 8, 2022

Look at the written lease to see if it has a "Force Majure" clause in it. If it does, you are good to go.

If you do not have a lease, the landlord can sue you, but only for 30 days of rent.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What happens when you have been renting from a woman in a 55 plus park and she gets a letter about unregistered tenants

I am living with a 70 year old woman who has decided to evict me.she has went to the park for help.i am always on time with my rent however am not of age.the park has given her 7 days to remedy the situation and to her,that means I move.i have not gotten a legal eviction notice from the court,do I... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 6, 2022

You don't get an eviction notice from the court. She has received a 7 day letter from the park to get you out. If she doesn't, she faces eviction. She gets evicted, you get removed by the sheriff right along with her. She should give you a 3 day notice because she is your landlord. Or,... View More

1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal for my aunt to go into my home without permission and go thru all of my things? I’ve only got 1100 left

And it’s mine, currently the home is technically still hers, so I don’t know if there is anything I can do about my aunt going into my home without permission. The home is in Texas btw

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 5, 2022

You will need to repost your question with some more facts, such as whether there is a lease, what does "technically still hers" mean and 1100 what?. You will also need to repost this to a category for Texas. The laws vary from state to state.

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... View More

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

Move the court to dismiss the suit with prejudice.

View More Answers

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... View 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... View 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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

View More Answers

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... View 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... View 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.

Domenic J. Celeste
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... View More

View More Answers

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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.