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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Condo owner refuses to repair/replace HVAC unit - what recourse do we have?

We are an elderly couple that leased a condo with central heat/air. The lease does not stipulate that we are responsible for any HVAC maintenance or repair. Three weeks ago the 25 yr old HVAC system burned out. A licensed technician told the owner it required replacement but she is refusing to... View More

Michael  Mayoral
Michael Mayoral
answered on Feb 11, 2022

You need to contact a landlord-tenant attorney right away. You may be able to threaten to sue, sue, and/or withhold rent, but you need to follow the correct procedures regarding notice to your landlord. You also want an attorney to review the lease.

Regarding Florida law, Florida Statute...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my landlord make me get rid of personal possessions in the back yard?

After my father passed my kids brought the multiple projects that he was working on to my house they're in the backyard. They include an RV that my dad was restoring, an older vehicle that needs some restoration, and a couple of motorcycles. I also have a big shed. My younger son fixes old... View More

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

Yes, he probably can.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If someone takes over my part of the least do I get my security deposit and last months rent back from new tenant
Michael  Mayoral
Michael Mayoral
answered on Feb 10, 2022

It depends on the documents involved in this transaction, involving the original lease agreement and any sublease or assignment you may have signed with the new tenant. Contact a landlord tenant attorney.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I entered into an oral rental agreement with a tenant on a month to month basis. How long of notice needed to evict?

Renter refused to pay an increase in rent due to having is partner live there 3/7 days of the week increasing total cost of water and electricity

Linda Liang
Linda Liang
answered on Feb 10, 2022

To end a month to month tenancy without a written lease agreement, you must give at least 15 days’ notice in writing before the end of any monthly period.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Do me and my minor children have to vacate and what are my rights

The lady i live with and pay rent to with a written agreement, she signed a 3day willing to vacate agreement with her landlord, where do me and my minor children stand? Do i have to vacate in the three days or would he have to evict me separately

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

The lady who rented the premises sublet to you? If she agreed to vacate the premises, you apparently no longer have any right to be there. You have to vacate and if you fail to do so the landlord can sue to evict you, and probably recover costs, lost rent, and attorney fees.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What rights do tenants have when it comes to giving access to new owners of the property that you currently are renting?

We have been tenant at will since October the house just sold. We were told we had until march 1 to vacate but now they are asking for 7 days.

The showing has been completed the inspectors came out. Now the new owners want access to home what are my rights?

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

Since you have no written lease you have very few rights as a month-to-month tenant.

Notice to vacate: Florida law allows landlords to give seven-day notices to tenants who are current with the rent.

Landlords can give three days' notice to tenants who are late....
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: IN FL.LANDLORD TENANT DOES STAND DOWN AND DO NOTHING MEAN YOU HAVE TO LEAVE YOUR HOME WIDE OPEN IF TENANTS did

Or can you secure your home by changing locks. Tenants abandoned home, moved put in the night, cut off utilities and had mail forwarded. They left no keys to lock home up. Are you also allowed to make repairs. Home was destroyed

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 6, 2022

Yes, of course; if you are sure that the tenant abandoned the premises, you can change the locks and do repairs.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I believe the tenant has moved out. How long before I as the landlord can go into the apartment
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 5, 2022

As landlord, after giving reasonable notice, you can exercise your right of inspection to, among other things, verify that the tenant has abandoned possession. If you have no contact information for the tenant, post a notice on the property that you will do so, giving a reasonable amount of time... View More

2 Answers | Asked in Real Estate Law, Business Law and Landlord - Tenant for Florida on
Q: Can I still collect back rent totaling $30000 from the tenant, it has been 12 years overdue?

I just found out his family and himself sold their other properties and bought his own house. Can I put lien on it. Any recourse?

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2022

Obviously, lots of questions arise that you did not address here.

But here is the basic answer on the statute of limitations:

The statute of limitations for written contracts is five years and oral contracts is four years.

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2 Answers | Asked in Consumer Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: Do I have any land rights?

I own a mobile home and have been in it for 20 years on the same land. Do not own the land been paying lot rent. Owner sold land and plans to rezone commercial. Served eviction. Do I have any legal options? People have told me about living there for a certain amount of time that I may have land... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jan 25, 2022

No, the people do not know what they are talking about. What they may be trying to reference is "Adverse Possession", you can look this up, but this is not applicable to your circumstances because you have just been a renter, paying rent. If you have a lease or rental agreement, you... View More

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I would like to know if the hotel I stay at can keep making me switch rooms, I was in the one building where there is

Mold n Roaches and bad plumbing, I pay 674 a week for the room, they move me to a different room because of the plumbing back up, now they want me to move back to that room where the mold n roaches are. I don’t want to move, I was told I had to move back to the room I was in, I had no choice.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 24, 2022

Sure. You can move to a different hotel.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: do I have any options ? I have no lease or any rental agreement. current on rent.

The roof in my bedroom fell on me 3 weeks after I moved into the property. Landlord is refusing to make any attempts to repair it. I've rented this property for almost 1 year and have had a damaged roof for 11 months. I called code enforcement November 2020 and during their inspection they... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 22, 2022

If you were injured when the roof caved in, then retain counsel here in Florida on contingency fee which means you don’t pay anything unless you win. I have had success with cases like this.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord evict us through a text message, and schedule a showing of the house while we are still paying rent

The landlord is trying to evict us even though we are current and up to date on rent. They are only texting eviction notice and today they text me saying they have scheduled a showing for tomorrow at 9am , even though we are still paying rent every month and are currently living in the home. The... View More

Linda Liang
Linda Liang
answered on Jan 21, 2022

Landlord must send notice to you and provide proof to the court. Text message is not a proper notice under Section 83.56(3), Florida Statutes. You are not required to accommodate the showing because you are legal possessor of the premise.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My question is about tenant rights in florida for a rental that has four tenants.

Im curious if I rent a house with three other people and one of the people invites a person onto the property that isnt wanted on the property by the other tenants am I rightfully allowed to tell said person to vacate the property?

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

When you rent an apartment or house with others, all of you lease 100% of the premises. Your housemate has every right to invite someone to the property; you have every right to not allow it. Its a housemate issue. Now, if this person causes a problem such that his or her continuing presence is the... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Now my question .. at this point .. in Florida .. do they have a timeframe to legally stretch out returning my deposit ?

PLEASE START HERE… Hello it’s hard to ask a question without providing background information … I’m in St Pete Fl and I moved out of my apt and about a mth and half later … I finally hear from my apts management company with a Itemized list how they were gonna keep my deposit — I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 5, 2022

No, they can't.

And Florida Statute 83.49 (3) (c) provides that

"If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord has gotten permits to remodel the home that I’m renting with me and my children living here is that legal

There was a water leak but the water leak has been fixed so there’s no need for the landlord to tear out the walls inconveniencing my family trying to replace plumbing whit me and my children living here

Linda Liang
Linda Liang
answered on Dec 29, 2021

Landlord has a duty to provide habitable premise and to provide quiet use and enjoyment. Everything they do should be reasonable. If the inconvenience is for one day or two, I do not think you have a claim against that. Or if the inconvenience is minor, you do not have a valid claim neither. You... View More

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Florida on
Q: Can I sue my apartment for not fixing the elevator I am disabled and have fallen, hurt myself having to walk the stairs?

Elevator has been out of order periodically my whole tenancy here, but recently it has been out of order for 90 days maybe more. I have fallen and hurt myself multiple times and almost fall down a flight of stairs everytime I have somewhere to be,

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 28, 2021

Maybe. You should contact a personal injury attorney in your area.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a verbal agreement with landlord he is harassing me to leave bad

He has changed locks made me live in yard in tent keeps taking my cords for power calles me names argues with me

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 28, 2021

What is your question?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Does my girlfriend have to fill out application and pay fee to my apartment if she's already been living w me?

I can pay apartment myself and the lease has no mention of guests or occupants ....I've been living here for 2 years and she's been w me for like a yr n half

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 27, 2021

The Landlord has every right to know who is living in the apartments, and has decided that since she lives there, that she needs to be legally responsible, along with you, for the rent. If you elect to not comply, the LL may decide to evict you both; the mere filing of an eviction complaint can... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord wants to sell their property, am I obligated to show it to potential buyers while I am living there?
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 16, 2021

Yes, within reason. You don't have to give the LL carte blanche to bring people over anytime, but at the same time you probably cannot refuse every and all requests. Read your lease, there may be some reference to this situation.

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