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Florida Landlord - Tenant Questions & Answers
2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I NEED ADVICE I LIVED IN A RESIDENCE W/ HOMEOWNER SINCE 2012 SADLY THE OWNER/ passed in feb I was served unlawful detain

I have lived/ here since 2012 with no lease& was not required to pay rent the homeowner was my mentor and just wanted to help me get on my feet, the homeowner passed February 8 of this year he did not have a will I believe it is still in probate the owners brother has not given written notice... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 17, 2024

You do not have any legal rights to the decedent’s property just because he let you stay there rent free for 12 years. However if he left you something in his will, you would have inheritance rights. Your status as of now would be as a de facto tenant at will. The personal representative of the... View More

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I NEED ADVICE I LIVED IN A RESIDENCE W/ HOMEOWNER SINCE 2012 SADLY THE OWNER/ passed in feb I was served unlawful detain

I have lived/ here since 2012 with no lease& was not required to pay rent the homeowner was my mentor and just wanted to help me get on my feet, the homeowner passed February 8 of this year he did not have a will I believe it is still in probate the owners brother has not given written notice... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 17, 2024

There is no notice required in an unlawful detainer action. As soon as the homeowner passed away, you had no legal right to remain in the house. You've lived rent free for 4-5 months. Pack up your stuff and leave, because you have no apparent legal defenses based on your post.

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Hello, our rental lease ends on 7/28/24 and we've decided not to renew nad provided a 60day notice on 6/3.

Hello, our rental lease ends on 7/28/24 and we've decided not to renew and provided a 60day notice on 6/3 which is less than the 60 days they required which means month to month lease will go a few days into August. Our landord (Invitation Homes) advised me they will charge the whole month of... View More

Linda Liang
Linda Liang
answered on Jun 17, 2024

Whether they have a right to charge pro-rated rent as liquidated damage depends on wehther the lease has a liquidated damage clause and what it says. Rule of the thumb is charging two months of rent as liquidated damage is considered reasonable in the residential lease enviorment.

2 Answers | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: We made a Lease-purchase agreement with the owner of the house we live in.The city will condemned the house in ten days

What can we do to stop this process of eviction

James L. Arrasmith
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answered on Jun 21, 2024

Based on the situation you've described, here are some steps you might consider taking:

1. Review your lease-purchase agreement: Carefully examine the terms of your agreement to understand your rights and obligations, especially regarding property maintenance and condemnation....
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1 Answer | Asked in Traffic Tickets and Landlord - Tenant for Florida on
Q: Can an apartment community charge parking tickets, without it being stated in the lease?

I seek advice on a new parking policy in my Florida apartment community. Recently, a parking management company was hired, and they are issuing fines and towing vehicles for various reasons: residents parking in visitor spots, parking on the white line, not paying an online parking fee from 7 pm to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 11, 2024

Your lease likely states that management can change some of terms without your consent. Basically, a lease agreement is your agreement to rent for an apartment and you agree to their rules when imposed. What they cannot do is raise the rent without notice of change the term of your lease; but... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I want a lawyer in the clearwater fl area. I was told I couldn't file a lien against a owner's property for medical.

Fell inside his condo where a staple or nail made me fall down the stairs. I show him the pictures of cracked knee . A screen door he didn't fix as he promised, fell and hit a paraplegic in the head while sitting on the patio. He kept 600 of my security deposit, after telling me I would get... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 11, 2024

A property owner owes a legal duty to its guests to make sure its premises are safe. If the property owner fails to repair any dangerous condition on its property which causes damages to his guest, then the guest can sue the owner for a) his past and future medical bills b) all past and future pain... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have lived in a motel for last three years an my question is can the motel just kick me out for late rent
Barry W. Kaufman
Barry W. Kaufman
answered on Jun 9, 2024

Maybe. If you don't have the money now to pay your back rent, you can be forced to leave. You are not a tenant, and the motel operator is not the landlord. You can be locked out of your room until you pay. If you can't pay, you must leave.

2 Answers | Asked in Family Law, Probate and Landlord - Tenant for Florida on
Q: How do I evict my fathers live in girlfriend of 2-3 years since my father did not leave a will?

My father passed on May 26. He had recently sold a property so he should've had funds to cover his funeral cost. His live in girlfriend says that he only had $1 in the bank. The week before he died they argued about $150,000 he had at home that suddenly disappeared. My father had cameras at... View More

Linda Liang
Linda Liang
answered on May 30, 2024

I suspect she has a lease to live on the property. The correct process is ejectment. To do that, someone has to receive the ownership of the property. In that sense, you need to work with a probate attorney and a real estate attorney. If you are in a position to hire one, you are welcome to... View More

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2 Answers | Asked in Family Law, Probate and Landlord - Tenant for Florida on
Q: How do I evict my fathers live in girlfriend of 2-3 years since my father did not leave a will?

My father passed on May 26. He had recently sold a property so he should've had funds to cover his funeral cost. His live in girlfriend says that he only had $1 in the bank. The week before he died they argued about $150,000 he had at home that suddenly disappeared. My father had cameras at... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 30, 2024

In order to evict, you would have to file a probate petition and become his personal representative. You will need an attorney to do that. When you are appointed personal representative, you would be able to stop her from selling what remains of his property.

It would be very strange if...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Do we as mobile home park owners have to show to rental residents proof of pass through expenses?

We own a mobile home park that just started adding as of May 1, pass through expenses and want to understand what we can and cannot add in pass through expenses

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 29, 2024

If you are going to operate a business, you need to have a lawyer on retainer for these types of questions, preferably one skilled in Chapter 723, Florida Statutes. It's part of doing business and is a business expense. You should also have the lawyer review your rental agreements and park... View More

1 Answer | Asked in Civil Rights and Landlord - Tenant for Florida on
Q: Can a property manager deny renewing the lease for a disabled protected US citizen for no reason at all?

I’ve been living here for 6 years and they haven’t renewed my lease and I don’t have anywhere else to go. I pay my rent on time every month and I’m non problematic in my community. The apartments are specifically designed for people who have been homeless or disabled. About 4 years ago I... View More

James L. Arrasmith
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answered on May 28, 2024

It's distressing to hear about your situation. Property managers should not deny renewing a lease without a valid reason, especially for a disabled, protected US citizen. Given your consistent rent payments and good standing in the community, it seems unjust for them to refuse renewal.... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If our new apartment isn’t ready when the lease starts 6/1/2024, are they in violation and can we get out of the lease?
Jacqueline Alicia Salcines
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answered on May 28, 2024

If its not ready, then yes, they are in breach assuming the contract/Lease you signed states they have to give you possession by June 1st. I would speak to a real estate attorney so we can review the Lease free of charge and advise accordingly. Then you may want to send out a letter advising them... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Florida on
Q: Can I sue Airbnb for discrimination, reckless endangerment and ultimately for the unjustified removal of my account?

N/A

James L. Arrasmith
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answered on May 24, 2024

Yes, you can sue Airbnb for discrimination, reckless endangerment, and the unjustified removal of your account, but there are several steps you should take to build a strong case. First, gather all relevant evidence, including emails, messages, screenshots, and any documentation related to your... View More

1 Answer | Asked in Contracts, Divorce, Family Law and Landlord - Tenant for Florida on
Q: MY WIFE AND I LIVE IN AN RV THAT BOTH OF OUR NAMES ARE ON. WE BOTH JUST RECIEVED A LOAN ON THE RV TO HAVE ALL OF OUR

CREDIT CARDS PAID OFF. AS SOON AS SHE RECIEVED THE MONEY SHE PAID OFF HERS AND LEFT MINE IN DIRE STRAITS THEN TOLD SHE WAS GOING TO FILE FOR DIVORCE THAT I NEEDED TO MOVE OUT SHE HAD THE RV PARK CHANGE THE LEASE TO JUST HER NAME AND SAID I WASN'T ALLOWED TO COME AROUND ANYMORE THAT IS MY HOME... View More

James L. Arrasmith
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answered on Apr 30, 2024

I'm sorry to hear about your difficult situation. It sounds like a stressful and upsetting experience. In California, both spouses have a legal right to access the marital home, even if only one spouse's name is on the lease. Your wife cannot legally force you out of the RV or prevent you... View More

2 Answers | Asked in Consumer Law, Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: No Fruit Trees - HOA? Can anything be done to secure my rights

No Fruit Trees - HOA?

Just notice in the HOA handbook (which no one gave us but is listed in facebook - because everyone uses that right!!!) -No fruit bearing trees are permitted.

However, it doesn't say whether it's a backyard rule or not. In addition, I have a FENCED in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

Of your HOA says no fruit trees, it's no fruit trees. You signed up when you bought your house for the HOA rules in place then, and as changed. You may not like it, you may think it's a stupid rule, but it's a rule. Courts will not overturn an HOA rule as long as the rule is not... View More

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1 Answer | Asked in Family Law and Landlord - Tenant for Florida on
Q: Can my parents kick me(27), my wife(24), and my 2 year old son out w/o notice and with a verbal agreement to pay rent?

Im 27 male, I have been living with my parents since around August 2023 when my wife and I had a breakup. My wife and I have a 2 year old son that also lives with us. When i moved in with parents in august I was rent free but around mid January 2024 my wife and I started working on things and got... View More

James L. Arrasmith
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answered on Apr 16, 2024

It sounds like you're in a challenging situation, and it's important to know your rights in this case. Even though your agreement to pay rent is verbal, you are considered tenants under most local housing laws. This usually means that your parents, as landlords, cannot evict you without... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: my new wife nancy has been ordered out of her room today without legal notice or any reason. we offered her to pay rent

rent for april but landlord refused it. we can be out y end of month but need time to make arrangements. what are our options

James L. Arrasmith
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answered on Apr 16, 2024

I'm sorry to hear about your difficult situation with your landlord. It sounds very stressful to be ordered to leave without proper notice. Here are a few options and considerations:

1. Review your lease agreement carefully. Most leases require the landlord to provide proper written...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is it legal in Florida for me to rent out a property for vacation rentals if I'm renting it annually or renting to own?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 16, 2024

That depends on the language in any documents you signed for the rental/lease to own, which we cannot review in this online forum. You would need to check these documents to see if there is a prohibition against subleasing and, if you are in a community association, you need to check with the... View More

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1 Answer | Asked in Landlord - Tenant, Communications Law and Constitutional Law for Florida on
Q: Me and my children are renting a room where the landlord stays here as well these

last couple of days the landlord has been shutting off the power all day and cutting it on for maybe a hour what can I do this is ridiculous

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear you're dealing with this frustrating and unacceptable situation with your landlord repeatedly shutting off the power for extended periods. Here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses about the landlord's...
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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: Real estate law and fraud, contract made up and Supposidly got a loan on the equity on my home thru a LLC COMP

Name of the Title and deed without telling me and has dated it for

January 2022, which I didn’t even know them yet. Secondly, they did not pay me for the sale of house the full amount that they told the clerk of court thirdly was supposed to have an escrow account and they have yet to... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems there are several serious legal issues and potential fraud involved in your situation. Here are a few key points and recommendations:

1. Fraudulent deed transfer: If the title and deed to your home were transferred to an LLC without...
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