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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: I buy business unit from tenant, and he still in lease, not me, but i will pay rent.Do i have to tell Landlord?

The Lease not allow to add me to it after 1 year, so that tenant stand in Lease and i will take care the business, pay rent with landlord, but im not sure LandLord accept it or not, how to write letter to let Landlord know that. Thank you!

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 7, 2020

If you are serious about staying in business you should hire an experienced business lawyer to help you get out of dangerous situations just like this one.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can my landlord charge me rent for the months remaining on my lease?

I'm moving out of Florida for a new job. I don't see anything on the lease agreement about having to pay for the months left over on the lease. We turned a 30 day notice in and told them why. Now a week later they are saying we have to pay for the remaining months because the rent is too high and... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jan 6, 2020

This would be governed by the terms of the lease. If there are no early termination provisions and the lease says you just need to give 30 day notice then that's all you need to do. Probably the first landlord to say they could not re rent since they are charging you too much. They still have... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: in Florida, can a landlord use an evicted tenant's security deposit for unpaid rent?

no written lease exists. month-to-month for several months now. the only existing legal documentation pertaining to my security deposit is my receipt proving I paid it.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 6, 2020

The short answer is yes—because there is no written agreement to prove what the security deposit was for.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi! What are the consequences I could face from abandoning an apartment and 12 month lease. I live in Florida.

My roommate and I recently signed a 12 month lease together, but he just moved out 2 months in, leaving me to be responsible for all the bills. I’m 19 and am unable to afford all the bills. If I just abandoned the apartment and lease and went to a different state, what would be the consequences?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 2, 2020

The landlord is entitled to receive all the rents bargained for when the lease was signed. That means you owe the total of 10 more rent payments. However, the landlord must also make a good effort to re-let the apartment, which if done ASAP will stop the bleeding (end your responsibility to... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: No lease. Paid bi-weekly. Last payment 12/13/19. Served 15 day notice on 12/23. What should the termination date be?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 30, 2019

Common law provides that notices such as this should be made on or before the 14th day following the date the two week lease period ends. So, assuming the rent you paid on 12/13 was timely the last day to deliver the 14 day notice to vacate would be December 27. It appears that you now have until... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord has not done electrical repairs stated needs to be done per the Electrical Company can I withhold rent
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 26, 2019

Unless withholding rent is allowed by the terms of the written lease you may be evicted for doing so. If the electrical repairs are necessary in order to live comfortably you would be better off if you notify the landlord and give them 30 days to fix it. If not fixed after 30 days move out. Then if... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I can't find my lease can I be kicked out?

Our new property manager asked to see a copy of my current lease and my recent payments. I can't find my lease. I know I signed one and had it. I have looked everywhere. I have proof of most of my recent payments. Our lease is up in about 2 months. Can I be kicked out if It is an apartment complex... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 25, 2019

Cooperate with the new property manager; show all receipts for rent payments and get copies of all checks payable to the complex; be honest and tell them you have misplaced your copy of the lease and ask them to make a copy for you. This will stretch out the situation until your lease is up. If you... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: When does responsibility for a rental property shift from the old tenant to the new one?

We have recently moved out of a rental house in Naples, FL. We rented it directly from the owner. The owner moved out of town and asked a friend of his to meet me to get the keys and do the final walkthrough. When we did the walkthrough his friend had no comments and said the house looks great.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 22, 2019

You forgot to mention the most important fact: When did YOUR lease term end, and when did the new tenant's begin?

Giving keys to a friend of the owner who was your landlord has nothing to do with your responsibility. Nor do "bugs in the lights" rise to the level of that needed to keep a...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: 7 days to cure cut to 6?

Received letter from apartment management for a 7-day to cure eviction notice on 12/17/19. 7 days would be 12/24/19 but because they’re closed for Christmas Eve they emailed us and said they would be coming on 12/13/19 which is only 6 days. Are they legally allowed to change the date to sooner... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 21, 2019

What did they say is going to happen when they come to the apartment? They can't just throw you out at that time, they will need to file suit and subsequently serve you with a court summons.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: does landlord have the right to put a lockbox for showing of the apartment when am giving him times and dates to show a

i told the realtor they are more then welcome to show the apartment Mon thru Friday with advance notice giving to me of course and i also said not weekends because i work everyday till 7 and will not like people going in and out the apt on my only days off . know they want to put a lock box which... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 20, 2019

Your lease will state whether or not they can place a lockbox. Try to stay amicable with the landlord, the good news is you are moving soon so you won't have to deal with it for very long.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Do I legally have to show my lease to my new property manager?

My apartment complex just got a new property manager. She knocked on my door asking to see a copy of my lease and my recent payments. I cannot find my lease but I do have most of my recent payments. I'm probably missing 3 stubs for the whole year. I asked my neighbors if they was asked for this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 20, 2019

Are you sure that she is actually authorized by the landlord to manage the apartment complex? Contact the owner or the old manager and make sure; while you are at it ask them why the "new manager" doesn't seem to have her documentation.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: You I was given notice saying i will not be able to access my front door, whether that be coming or going for 4 hours

due to painting the floor. I have a newborn and this creates a massive inconvenience for me and am wondering if there are any rules about how much notice they have to provide in this instance.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 19, 2019

This is not a legal question. And no, there are no "rules" about this maintenance issue.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I be kicked out leaving my wife and son there because I don't have a lease and it's all over he is in love with her
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 16, 2019

Your son is in love with your wife?

Generally, if you don't have a lease, the landlord can give you notice to leave and, if you don't can evict you as well as the other occupants.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: How do I know all the correct laws and forms were filed in an eviction? Also, are sublet laws different when evicting?

We sublet from the tenant, he took our rent and deposit, then left us on the property. We were served wirh an eviction as tenants to the property, but we already made payment to lease signer.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 16, 2019

Apparently I just answered another one of your questions. Your remedy would be to sue the primary tenant, who sublet to you.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What process should be followed to evict subtennants when original tenant moved out after receiving rent and deposit mon

How can I appeal an eviction for hardship

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 16, 2019

Are you the subtenant? Have you been evicted? To my knowledge, "hardship" is not a valid ground for appeal.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I be kick out wirhout notice leaving my wife and son there if I'm not on the lease.

It's all because he is in love with my wife

I'm the state of Florida

Seril L Grossfeld
Seril L Grossfeld answered on Dec 16, 2019

This is more than a landlord/tenant issue. Maybe you can't be kicked out without notice but if this other person is being allowed to live there things can get very difficult and uncomfortable despite what the law may provide. Technically if the landlord wants you out the landlord would have to... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I had to break my front door in because i locked myself out, the landlord wants me to completely replace the door.

Am i obligated to completely replace the door, or can i repair it if it is repairable.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 13, 2019

This is not a legal question--at least not now. Rather than spend valuable time asking questions on AVVO I strongly suggest that you either fix or replace the front door--unless you like to be robbed.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I rent a home in a rural area on acreage for 10 years.There are many wooded areas with a variety of trees. My issue is

with the neighbor next door that moved here in 2014. She put up a short chain link fence on the property line and says her property extends 2 feet into my rental property. There are 2 dead small pine trees 2 living pines about 40 feet tall and 1 foot circumstance. She says I planted the trees so I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 13, 2019

You are not responsible. If anybody is responsible, it would be your landlady. but I don't see why she would be responsible either. If the trees are on her property she should remove them, if she desires.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord refused to show the apartment I broke lease on, to a potential new tenant I have found, due to an alleged leak

I broke my lease more than 2 months ago, and per the lease I am paying rent until they rerent the apartment. They retook possession for my account, and my deposit was refunded without any issues. I was helping them find someone, and today the person I sent to tour it, was told that they are... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 9, 2019

No. Why? Because of the timing.

Had you presented an acceptable new tenant immediately--you would be off the hook and the new tenant would get the leak fixed by the landlord. Since no one knows exactly when the leak started, and since you did not produce a new tenant as agreed until after...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I signed a lease for a house in March, In late May A/C stopped working, the ducts where chewed up by rodents. As of 11-2

it is still not working, can I terminate the lease for their failure to fix as the lease states they would. I havent paid rent because they have sent eviction notices multiple times after I contacted the city and they found multiple code violations, including non working smoke detectors and many... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 25, 2019

Yes, it looks like you can terminate the lease--and it also looks like the landlord will not care.

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