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Florida Landlord - Tenant Questions & Answers
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... View 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... View 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,... View 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... View 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 pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

Michael  Mayoral
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... View 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... View 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... View More

1 Answer | Asked in Real Estate Law, Civil Rights, Land Use & Zoning and Landlord - Tenant for Florida on
Q: What can be done if you rent from your significant other family and they force you out, threaten to call police

On 10-15/22 I was forced to leave a mobile home I had been renting from my ex-boyfriends family , I had been at work and returned home to my kids scared and panicking due to the nature of words and actions that had been taking place and I arrived home to me and my kids belongings being thrown out,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 10, 2022

Florida Statute 83.67 (6) provides that:

"A landlord who violates any provision of this section shall be liable to the tenant for actual and consequential damages or 3 months’ rent, whichever is greater, and costs, including attorney’s fees. Subsequent or repeated violations that...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can all tenants with separate agreements with owner be evicted by owner telling one person they have two weeks to leave?

I and three others moved in separate times with separate agreements with owner who also resides at his home, he texted me that all members of the household have two weeks to leave but no one else. The reason he wanted us gone is because we complained about the living condition, his cats pee... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 9, 2022

No, he has to give each of you written notice.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is a landlord liable for water damage to personal property in an apartment complex storage unit?

My exterior storage unit floods every time it rains. I didn't discover this for several months and now I have boxes of brand new closet shelving that is covered in black-colored mold, which has permeated into the boxes, ruining the shelving. The shelving is brand new and was purchased for... View More

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

Depends. First place to look is your rental contract.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If the owner is selling the home I am renting how often do I have to make the home available for viewings?

I am just wondering about the inconvenience to me during the selling process. How much of a notice must be given to me before having a showing? I work nights and sleep during the day. I hate the idea of having to adjust my schedule to have strangers walk through my home, looking in my cabinets and... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 5, 2022

Florida law does not satisfactorily address this common problem because it would interfere with the owner's right to sell their property. If you have a valid written lease it might address this situation because most leases have clauses allowing the landlord to enter the premises at anything... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I take legal action against the landlord and the property manager for the threats of physical violence.

The property manager threatened to knock my teeth and break my jaw I recorded this exchange and have audio recording of him saying everything that I've alliterated above. The landlord was made aware of a prior situation that led up to this but took no action and now this threat.

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 29, 2022

You may have a case for assault. See an attorney.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I recorded my land manager threatening me threatening to knock my teeth in and break my jaw.

He called me a name I repeated it back he had his son come and tell me he wanted to talk when I went out there he proceeded to threaten me with violence and insulted me some more I stood my ground. I recorded this exchange.

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 28, 2022

You didn't ask a question.

1 Answer | Asked in Family Law, Landlord - Tenant and Small Claims for Florida on
Q: I need to know if I have any options and should I move out of the house?

My grandfather got me an house to live in. I have paid the mortgage for over 7-10 years. My grandfather died and my father took over the house. He refinanced in his name. He was able to do that because his siblings signed over the rights only if the house remained mines. The mortgage on the house I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 25, 2022

It looks like your father can, if he knows what he's doing, evict all of you, including your boyfriend. The two of you probably should start looking for a different place to live.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord accepted full rent payment during the eviction process can case be dismissed Without tenant going to court

Also the rental property is in a land trust and the one claiming to be The landlord is nowhere on the deed Can he still collect my rent money

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 23, 2022

The case should be dismissed if thr LL accepts the amount of rent owed. Land trust deeds never identify the owner, so yes the landlord can accept the rent. Odd that you ask the question when you are about to get evicted, as if that was going to be a defense.

1 Answer | Asked in Collections, Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: HOA Property mgmt company has sent my account to collections without notification. How can I avoid pay of addtl fees?

Company stated they sent an email however we did not receive that. There was no written notice sent to our address nor has their attorney contacted us regarding money owed. What are my legal rights? I would like to try to pay all assessments owed without any of the collection/legal fees. What are... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 22, 2022

Florida Statute 720.3085(3)(d) now requires the HOA to mail you a Notice of Late Assessment giving you 30 days to pay before you can be turned over to any attorney or collection agency for collections. This statute went into effect July 1, 2021. If you were with the attorney before then it would... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: is there a guideline on how much a landlord can raise rent in a renewal like a max pct increase

We have been renting for 2 years now at $1500 for a 2 bd and our lease this year is being denied renewal they have posted the new rent at 2100$ all the apartments in the Development have been raised 600-$800 1bd $1800 2bd $2100-2300 3bd are $3000 for new renters. We are seniors on Social Security... View More

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

There is no law restricting the amount of a rent increase. There is no obligation on a landlord to enter into a new lease (i.e., a renewal) with a current tenant. A landlord can choose to not enter into a new lease for any reason, or no reason at all; a renter has no legal right to a new lease.

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3 Answers | Asked in Landlord - Tenant for Florida on
Q: Name not on lease roommate turning in apartment, can they force me out or will they have to evict me?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 20, 2022

It's not clear what you may mean by "... can they force me out ...?" No, the landlord can't, for example, grab you by the scruff of the neck and pull you out of the premises; they would have to get a court order or writ that the police turn you out; that process is what is... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I'm giving a tenent a 15 day move out notice in Florida. He is very verbally abusive. Can I shorten the time?

He is a month to month tenent. He yells and screams at me.

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 13, 2022

Yelling at the landlord, unless prohibited by the Lease, is not grounds to terminate a tenancy. Give him the 15 day notice exactly as required by the Lease. Hopefully it's not too late to get him out by July 31.

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