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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: letter to impose a claim against my security deposit still in mail. Does 15 days start from time they sent it?

Letter was sent more than 15 days ago according to tracking number. I'm supposed to respond to the landlord's letter within 15 days

Jane Kim
Jane Kim
answered on Apr 7, 2022

From the date you receive it.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: H I rent month to month no signed lease.my landlord has given me notice 2 moths ago that he wants to move back In.
Barry W. Kaufman
Barry W. Kaufman
answered on Mar 27, 2022

Yes, he needs to give you at least 15 days notice. He gave you 60. You need to move.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can renters discriminate against some one who has been out of jail/ prison for over 10 years.

We were approved to get the house but they said no to stuff that happened over 10 years ago. I feel its unfair. Why are we still being punished for stuff we did as kids? HELP

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

Private individuals, such as renters, can (as opposed to governments) discriminate all they want, with certain exceptions that don't apply.

2 Answers | Asked in Personal Injury, Real Estate Law, Civil Litigation and Landlord - Tenant for Florida on
Q: I have an older property in Airbnb and a guest staying there fell through to the next level when a step gave way

No injuries and I paid the guest $300 and had it fixed within a couple hours. They said they are not suing. The guest is checking out early and wants $300 more because of what almost happened which was he was almost holding his daughter who was at the top of the stairs. Obviously no one expected... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 18, 2022

In all likelihood, they have no case if an injury didn't occur. But you should immediately contact your insurance carrier.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I am currently renting a house in florida. My landlord wants to bring in people to look at the house. Can i refuse?

I don’t feel comfortable with random people coming into my home where i’m renting to look around.

I have multiple kids and work full time and do not have the time to be setting my home up for a viewing.

Can i refuse having him bring people in?

Also one of my children... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Mar 16, 2022

Review your lease to see what it says about the landlord having access to the unit for that purpose and how much notice they need to give you.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can two adults and an infant live in a studio? We are the parents of a 9month

We can’t afford a 2 bedroom but we keep getting told we can’t live in a studio because our 9month old apparently counts as another adult. We don’t know what to do because the two people per room is making it so we can’t find a place to live.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2022

If the property owner won't rent the place to you, there is no choice but to find somewhere else.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my tenant verbally informed me of moving out, paid the rent, but never gave me the keys, can I charge for rekeying?

My tenant called me on February 24th to inform me they had been moved out of the premises since February 7th. I asked for the keys and they never gave them to me, so I changed the locks. Now, on March 15th, they have finally reached out to me saying they'll give me the keys. They paid me the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2022

From what you indicate (verbal notice on February 24, failure to enter premises since March 1, house empty, electricity off), it seems clear that they vacated the premises. You probably would have re-keyed anyway because they could have made duplicate keys, so that charge would depend on what the... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have paid 2650 as a deposit to rent a Florida home in Dec 2022. Home now has pending sale. Owner won’t comit to pay me

Can I put a Lien on a manufactured home? To ensure I get paid when the home sells.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 14, 2022

I don't think a lien under these circumstances would apply. Consult with an attorney about filing a small claims action against the homeowner. When you have filed suit, it might be possible to record a lis pendens on the property.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a Landlord force a tenant to file a restraining order on someone.

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Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Mar 14, 2022

Generally, no. I have never seen a lease agreement that gives the landlord the ability to require their tenant to file a restraining order should the landlord desire them to. On the other hand, if you are on a month-to-month tenancy (no lease), the landlord can simply file a 15-day notice to... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Had a check returned for renting space because “an assignment hadn’t been executed with the property owner” Help!

What do I need to do? Am I responsible for paying the rent until the Franchisor has the lease assigned over to me? I have paperwork from the Franchisor saying that the assignment was done, but the Landlord says they did not assign it to my company, and “any contract stating otherwise was executed... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 10, 2022

This is a complicated big mes.

You do NOT need anyone here on Justia to help you for free.

You need a real lawyer who you pay to help you.

1 Answer | Asked in Foreclosure, Real Estate Law, Landlord - Tenant and Legal Malpractice for Florida on
Q: I own a rental property in foreclosure in Florida that I deeded to a single member LLC for that property only. I want

to deed it back over to my name only, dissolve the LLC , and ask the court to remove the LLC from the foreclosure case. Can I do this ?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 10, 2022

You can do the first two but the court is not likely going to remove the LLC from the case because it had an interest in the property at the time of the foreclosure and that interest needs to be foreclosed.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Is a solid waste charge or refuse service considered trash utility?

My lease states that the utility "trash" is covered by the complex. However, I am charged a refuse charge titled "Tenant Solid Waste Charge". Is this charge supposed to be covered by the complex?

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

Without having a chance to read your entire lease I will tell you that there is a recognized difference between "garbage" and "trash." Garbage usually means all kinds of solid waste accumulated inside a dwelling, while "trash" usually means lawn clippings, dead... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: New landlord bought property as is. They evicted us. Can they hold our security deposit since it was bought as is?

Old landlord sold property as is. I have screenshots of the sale ad stating so.

The new landlord gave us all 30 days to leave but they're being shady about our security deposit.

The property is really old and always needed a total rehab.

I read alot of reviews on the... Read more »

Michael  Mayoral
PREMIUM
Michael Mayoral
answered on Mar 7, 2022

In Florida, landlords must tell you if they want to keep some or all of your security deposit. If they plan on keeping some or all of it, they have to send you a notice by certified mail within 30 days of you moving out of your rental home at the end of your lease (or they give up the right to... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my property manager tell me who I can have babysitting my child?

My property manager told me my sister is not allowed on property. Even though she has done nothing wrong,. She watches my child usually at night an sometimes stays over night if I get home too late to bring her home. She has not broken any rules. And there are lost of other tenants that have people... Read more »

Linda Liang
Linda Liang
answered on Mar 7, 2022

The property manager is of the company who owns the property or just part of HOA? If he or she is part of the company, whether your sister staying in the property constitutes a breach of contract is a question of the lease. You can have a lawyer to review the lease for you. If he or she is just... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord create a lease stating tenant has to automatically move out for failure to pay rent without being evicted

I’m a new private landlord in Florida and I have a tenant who wants to be on a month to month lease, would I be able to include something in the lease about if rent is not paid on time and after being served a notice they have to automatically leave the property even without an eviction notice.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 4, 2022

Your question has answered itself.

You said that if the tenant does not pay the rent you would "give him notice."

Geat, because that notice is the eviction notice, which requires the tenant to be out within 15 days.

But no notice by itself can evict any tenant....
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord kick you out because they don't want to fix the problems in your unit when you pay your rent
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 2, 2022

If you don't have a lease, yes they can.

2 Answers | Asked in Estate Planning, Land Use & Zoning, Real Estate Law and Landlord - Tenant for Florida on
Q: How long do I have to respond to a home owner association letter after receiving. Ex they told me to pressure wash s

Four days ago I received a letter that I needed to pressure wash the side of my house. Two days after I receive the letter I went outside and pressure wash the side of my house and it is squeaky clean. Four days after receiving the letter they sent somebody out to come and pressure wash my house... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 2, 2022

You apparently fixed the problem within the 4 days, so what is the difficulty? Did you respond in writing to their ultimatum??

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Based on the section below of my lease dated May 3, 2021, when would be the earliest my Landlord can cancel the Lease?

My Lease was signed May 3, 2021 with a Termination Date of April 30, 2023. However, there is a clause that “After May 1st, 2022, at the Landlord's sole acceptance, the Lease Agreement may be terminated with 60 day prior notice, from either the Landlord or Tenant, requesting the termination.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 1, 2022

The landlord could give the 60-day notice "requesting termination" on May 2nd, and then "accept" that request after 60 days, thus on June 30th. Doesn't make a lot of sense though. The last sentence quoted makes even less sense.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What are the rental terms for month to month tenants - notice to terminate month to month and days to be out of property
Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 25, 2022

I believe the law allows landlords 15 days to notify tenants that they must vacate; however, I recommend you give them 30 days because 15 days is too short--especially if the tenants are a family with children.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord quiet enjoyment violation with unannounced construction to exterior of property causing loud disturbing noises
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 17, 2022

And what is your question? Can you get a court to enjoin the nuisance? Perhaps. Or check with code enforcement to see if all required permits are in order.

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