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Florida Landlord - Tenant Questions & Answers
2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my landlord suddenly give me a 3 day eviction notice because I owe late fees? Rent is paid. Late fees are months old

I complained about a parking problem, then she posted the 3 day notice. Rent is current ..late fees are from two months Sept and October

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 16, 2021

Read your lease. Generally, usually, normally, late fees are considered rent and due along with the next rent payment. Let's say your October rent was $500. You paid late and were assessed a $50 late fee. Your November rent due is $550, not $500.

Now you need to come up with...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: On sec 83.49 regarding security deposit I have tenants that left house neat had body fluid on walls like snot

Cleaners will not clean due to Covid but I can’t find anything that would relate to this and Covid

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 10, 2021

And you're not likely to find anything in Florida Statute 83.49, or in Chapter 83 generally, relating to the Corona Virus. What exactly do you want to know?

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord require you to have your Renters Insurance through a specific company?See More Information below

Date: November 26, 2021 at 3:24:06 PM EST

To:

Subject: IMPORTANT Information about your Lease! URGENT DOCUMENT NEEDED.

Dear Residents of Della Vita Apartments,

As of today 11/26/2021, corporate has updated the Renter's Insurance Requirements, and the only... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 7, 2021

Although I have never seen this egregious over-reach before, I can't say I am surprised to see it happening now; why? Because it is just another prime example of human greed for money dominating everything else in the United States.

As as to whether your landlord or the owner of the...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can the park legally charge us for an additional occupant? Do we have legal recourse on the money already paid?

My wife and I are elderly, and we live in a mobile home park. We own the home, but the landlord owns the land. We pay monthly rent. When we first moved to our current residence our son lived with us. He moved out in the 80's, but in Dec 2011, he came back home to live with us. Park management... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 3, 2021

Florida Statute 723.035 Rules and regulations.— provides that:

"(1) A copy of all rules and regulations shall be posted in the recreation hall, if any, or in some other conspicuous place in the park.

...".

If they have not posted rules and regulations...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Renting condo. Property in foreclosure. Owner filing bankruptcy. Do I still pay rent to him? 4 months on lease left.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 1, 2021

Yes, you still make the lease payments to the owner.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Renting condo. Property in foreclosure. Owner filing bankruptcy. Do I still pay rent? Worried about security deposit.

Owner has not told me. Looked on clerk of court records. Foreclosure started in sept. I have 4 months left in lease. What are my rights? Do I still pay him rent? Worried about getting my security deposit back as well. There has been no communication with him regarding this.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 1, 2021

Nothing you have said here changes the law controlling leased residential property. You still owe rent to the owner, and should not skip any payments during the next 4 months.

Unless the owner--or some new owner--offers you a new written lease when your lease expires you will become a...
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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: If my current lease ends on Nov 30 & my boyfriend's name wont be on the new lease Dec 1. He has to be out by 11/30?

All utilities are in my name and I pay all the bills.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 20, 2021

The only issue is whose name is on the Lease. Generally, landlords want the name of every adult residing in the rented space to be on the lease (meaning that all the adults are equally responsible to the landlord for the full amount of the monthly rent). If you executed a new lease and you are the... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I be evicted if I payed my rent on time, but the complex gave me a letter saying I didn't?

I payed my rent on the first. The money was taken out of my account and I received a letter saying I didn't pay. I've called them and emailed them and nothing. It's been a week and about 2 days ago I received a reply saying they are looking into it.

Michael  Mayoral
Michael Mayoral
answered on Nov 18, 2021

Generally speaking, your landlord should not be able to legally evict you for non-payment of rent if you indeed paid rent on time. Maintain your records and contact a local landlord-tenant attorney if the situation escalates.

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Florida on
Q: Does a successor agent of a durable POA have the right to file a unlawful detainer summons original agent is still actin

My aunt is trying to have me evicted from my grandmother's property against her wishes. She forged her name as the plaintiff on the summons but filled out the details in her own name. That's what I wrote in my answer. However we had a hearing where my aunt gave the judge a paper I did not... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 18, 2021

Stop playing lawyer and hire one.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If I have asked to renew my lease in October and I have not received a response, what can I do to avoid getting evicted?

I have asked to about renewing my lease in October. My current lease expires 01/31/22 I have all email communication with the property manager as I have asked repeatedly for a answer so that I can also prepare my living situation. The manager and I have not seen eye to eye on certain things... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 10, 2021

Your landlord is under no obligation to renew your lease, nor tell you they are not going to renew it.

And since they haven't been responsive to your repeated requests about renewal it appears they are not going to,

Finally. since today is only November 10. you have 62 days...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I received rental assistance can I be evicted ?

I received a notice of cleaning or possession notice my landlord posted a letter stating I must clean the outside of my property or I will be evicted. My husband has a tree business we are staying at a small duplex but he has his trailers outside and other items we have as well. Out r backyard was... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 9, 2021

It sounds like rent is not the issue, but the stuff outside. Generally usually, leases provide that the tenant must keep the outside of the rented property looking neat by specifying certain things that must be done or not be done. A duplex is not a place to keep the trailers that belong to a tree... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: What can I do after We had phone court on eviction and found in the wrong because Plantiff had a attorney

We gave the judge all the proof and they did Not let me say two sentences! How can I appeal a wrong decision on two disabled people?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 8, 2021

Oh, in answer to your other question, I assumed it was a criminal case. If it's an eviction case, you won't end up in prison, just on the street. Sorry.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: If my home I was renting was condemned by code enforcement what are my rights ? Can i be charged rent/evicted?

I lived in unsafe unhabitable living conditions for 5 months Asking and begging to have repairs made. I had live electrical wires hanging throughout the home and the bathroom was full of mold. I was forced to call code enforcement and they did condemn my place on September 20th. However my landlord... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 3, 2021

If you are "living in temporary housing in the same mobile home park", the eviction from the previous place would seem to be moot (and thus cannot proceed). It is unclear whether you are being asked to also leave the "temporary housing"; if so, they can require to leave there... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi I am in Florida. My lease ends in Jan. Do I need my roommates permission to give my 60 day notice?
Michael  Mayoral
Michael Mayoral
answered on Nov 3, 2021

Generally, you should read your lease agreement to see what it says about providing notice for non-renewal, however, there shouldn't be a reason why you wouldn't be able to decide to non-renew yourself. In other words, you can decide to rent or not rent a dwelling notwithstanding your... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I be evicted? I was given an extra 2 weeks after the lease was up that I paid for and was willing to pay the month.

My lease has no dates printed on it. It ended on Sep 30. I was given a 60 day notice. I needed more time. They agreed to give me 2 wks till Oct 15 that I paid for. I asked for a little more time. They refused and I received a 3 day notice and then was mailed a notice to evict on Oct 29. The lease... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 3, 2021

The landlord may well argue that the verbiage" until either party shall terminate the same by giving the other party 30 days written notice" doesn't apply because they specifically agreed to give you two weeks instead. But you can argue that the 30-day notice provision in the lease... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Do I need my roommates permission to give my 60 day notice that I will not be renewing my lease. I'm in Florida
Linda Liang
Linda Liang
answered on Nov 3, 2021

It depends on where you stand. Are you one of the tenants? or you are subleasing? If you are one of the tenant, you can send in your notice. If you are subleasing, you send your notice to your roommate.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord evict me? My lease had no dates. He took 2 weeks rent after lease ended. Lease states Any holding over

After expiration hereof, with the consent of Owner or his Agent, shall be construed as a month to month in accordance with the terms there of, as applicable, until either party shall terminate the same by giving the other party 30 days written notice delivered by certified mail or in person to (... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 2, 2021

The lease is clear: 30 days.

1 Answer | Asked in Small Claims and Landlord - Tenant for Florida on
Q: The subfloors are rotting in my apartment in Florida, and repairs have no occurred after 30+ days. What can be done?

The floor began warping and became rotted approximately 2 months ago, at which point a maintenance request was summited digitally. The complex manager has dragged her feet about selecting a party to make the repairs, and the floor is getting worse by the day. We (my roommates and I) believe that... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 29, 2021

In Florida, there is a legal principle known as the Implied Warranty of Habitability. Florida landlords are required to keep their rental properties in safe and livable condition. According to the state’s “implied warranty of habitability,” Florida tenants are guaranteed a livable rental... View More

1 Answer | Asked in Real Estate Law, Family Law and Landlord - Tenant for Florida on
Q: Can owner throw out A squatters property when the squatters leave for an appointment for example or anytime?
Barry W. Kaufman
Barry W. Kaufman
answered on Oct 27, 2021

No. You have to remove people from your property using the law. Throwing away people's belongings, cutting off water, etc., is called "self-help" and is specifically prohibited. Hire an attorney to get rid of the squatters, and their junk, legally.

1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Florida on
Q: What do I do when a tree falls on my rental house?

I live in a single family rental home I just moved into a few months ago. There is two massive trees in the back yard which have been pretty badly untrimmed and not taken care of but still alive and growing. Apparently one tree it seems like bugs have been living inside it and hollowing it out. A... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 26, 2021

In Florida, there is a legal principle known as the Implied Warranty of Habitability. Florida landlords are required to keep their rental properties in safe and livable condition. According to the state’s “implied warranty of habitability,” Florida tenants are guaranteed a livable rental... View More

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