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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord shows mens rea in security deposit withholding?

Our landlord violated our rights in the Statutes 83.49(3)(a) as she claimed on our deposit without providing the statement that allows me to object. She had the statutes attached to the lease, provided an itemized report of claims, and sent it certified. She also sent a check with the claim. To me... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 31, 2019

Wow. Anyone who uses the sophisticated kind of legal terminology as you did--like mens rea, intent to violate the statutes, unjust enrichment, reasonable evidence, motive and subpoena should be more than able to defend themselves without my advice. Did you sign and deposit the check?

1 Answer | Asked in Landlord - Tenant for Florida on
Q: The Florida law how long does a landlord have to give you an eviction to move out

My landlord just filed eviction notice today with the Court's how long will I have before they require me to move out

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 29, 2019

The eviction notice should tell you that. If you intend to defend against eviction hire a lawyer to file a response.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My lease is written out. As monthly but i pay weekly and he agreed that we pay it that way is he aloud to do that?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2019

Yes, it is allowed. But if he ceases to pay weekly he cannot be forced to pay weekly as long as he pays according to the terms of the lease.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Does a Landlord have to send letter of intent to keep deposit CERTIFIED MAIL? She sent email & tomorrow is day 30.

I'm going to file in small claims tomorrow because we've exchanged emails as that is how she wrote me with her intent to keep 100% of my security deposit, and I sent my contest to that certified, and I haven't heard from her since June 28. I just want to be POSITIVE that the landlord has to have it... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 23, 2019

I believe it has to be sent certified mail, but if you file suit tomorrow you probably will have waived that rule.

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1 Answer | Asked in Family Law, Real Estate Law and Landlord - Tenant for Florida on
Q: Can a Florida Condo Association force you to marry to live in the same unit? Can they request marriage proof?

I own and live in a FL condo, and my girlfriend who I have been with almost 3 years and lived outside of the country, is coming to move in with me. The condo association says that since they are single family units, if I am not married with her, she cannot move in. Can they do this? Can they force... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 23, 2019

In my professional opinion you have stated at least one viable claim of discrimination (marital status). I advise you to contact the Florida Commission on Human Relations (FCHR) in Tallahassee Florida. Their toll-free telephone number is 800 342 8170; they can also be reached by regular telephone... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am the landlord renting a house. Recently the house was damaged when a piece of exterior trim was ripped off.

The tenant informed me of the damage and says he's not sure how it happened. We both suspect the damage was caused by the lawn mowing company the tenant hired, but there was no witness to what happened. The tenant contends this is my responsibility to pay for repairs on the basis that my wife told... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

Your tenant is right: Damage to the OUTSIDE of the house cannot possibly be "damage outside normal wear and tear" to the leased space inside the house. If you have fire insurance on the rental house it should be covered; if you do not carry fire insurance you should get some.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Scheduled to move in 8/1 Rental comp 2 options a)keys 9am-2pm b)pay $10 for lockbox and code in email after 9am Legal?

Is this normal? Why should I have to pay for a lockbox when one is probably already on the house? This was not stated in the lease or when I signed the lease 2 weeks ago. I just received an email with this information today.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

Pay the $10 and go get some dinner.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord force me to temporarily move for repairs without compensation?

Landlord is telling my family to make arrangements to leave for 4-5 days while they make repairs. Alternatively, I can remain without AC in the middle of July in Florida. As well, I will not have hot water for the duration of the repairs.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

Unless you lease does not allow your landlord to make repairs (very doubtful) you have two options: Stay while the repairs are being made or go find a cheap motel to stay in.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi can move out with out my roommate that is starting drama?

Hi I am living in a apartment 2 room 2 bath and have a roommate who is starting drama and I want to leave before it get worse and I am going to put notice in with the landlord about me living can I live with out them knowing? If not how can I approach them and without getting sued after I get out?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 18, 2019

If you signed a written lease you are responsible for all the rent--regardless of how much your roommate agreed to pay you. If your roommate also signed the lease then they are also responsible for all the rent. Wordk out a deal with the landlord to let you go.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: FL Eviction Law for Girlfriend And Son With No Written Lease?

How do I evict my longtime girlfriend and her 19 year old son without a lease but a spotty record of $300/month payments

to live here since 2012? She stopped paying 9 months ago though and I don't see the procedure to evict without a written lease?

If I show a payment history... Read more »

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Jul 17, 2019

If this was an oral lease agreement, then you may serve her with a notice for nonpayment of rent (3-day notice). Or you can send her a notice of termination and give her 15 days to vacate (assuming that she was paying rent on a monthly basis). If there was no oral lease agreement, then you will... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Does landlord have 30 days to MAIL the notice of claim on security deposit? Or should tenant RECEIVE claim in 30 days?

Landord lives in Canada and mailed the notice of claim on the 28th day. I received the claim in Florida the 10th day of the following month.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 16, 2019

It the law or lease says the landlord has 30 days to notify former tenants of the landlord's claim that means the landlord has 30 days to MAIL it--not 30 days to deliver it. And the law or lease also probably says that you have so many days FROM RECIEPT of the landlord's notice to object.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: If you move into a house that has a flea infestation prior to your moving in is it the landlord's job to treat it

I moved into my house last June we agreed to help clean the house up and everything and get it ready, well the master bedroom is a add on & it is built over a lot of sand in during the summer the fleas and the sand fleas run rapid to the point that they get into the bedroom the landlords knew this... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 15, 2019

Teaching opportunity: I am willing to bet your questions will receive much more attention and responses from curious lawyers if you will make an effort to use better fifth grade grammar and also use capital letters when beginning all sentences which should only express one single thought and you... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord left behind items and moved to a different state, can I store them in storage? (Florida)

The items in question are a lawn mower, some boxes, small personal items, and a bed frame. None of this is in my lease for me to 'store'. She didn't want to pay for it to go to the different state and left it down here and verbally asked me to store it. This was *last minute* as she was moving out,... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 12, 2019

Since your landlord asked you to look after her stuff I do not see any problem with moving it to your storage facility; but I would take photographs of all of it, where it is now and again where you stored it; and do not give anything away or sell it to anyone. If she calls and asks you to ship... Read more »

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Florida on
Q: Last apt I lived at are asking me to pay for the entire carpet which I know they were going to change anyway!

So here is my issue. 3 months ago I moved out of an apt at the end of the lease and I got a bill of $725 minus 150 from the deposit they already kept, so 575. $500 are for the carpet. My problem is that the manager assistant told me a few months before that they were changing every apartments... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 11, 2019

Free practical "opinion": Since you lived there for at least a year, and since you walked away expecting the landlord to keep your entire $150 deposit, it sounds like you must have known that leaving without cleaning the carpet--which is a standard clause in every lease--because you thought you... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: can the landlord keep my deposit and charge me for a new fridge and paint after I move out?

Lease says landlord is responsible for repair and maintenance of the fridge and interior walls. She got new paint because there were nail holes from hanging pictures and our kids spilled paint on the cabinets a bit. She also got a new fridge because there was a crack on the side wall that holds a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 10, 2019

Sounds like you answered the question in the question: If the lease says your landlord is responsible for repairs and maintenance of the fridge, then they are. And you admit you owe for new paint. So, how do you know the landlord used your deposit to buy a new fridge?

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: can something be done

t can be done ?

My father is in the process of purchasing a moped from a individual the man allowed my father to take it home and fix on it while he is making these payments my father has spent 300 dollars or more in parts and labor to get it running now the man wants it back that he got it... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

The sales agreement does not have to be in writing. However, unless you tell us how much money your father already paid to buy the broken down old moped there is really no way of telling what will get the other guy to back off and do what he agreed.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: i bought a mobile home in fla for 200.00 6 years ago...i never transfered the title..is the dmv going to charge me penal

the park was sold and now i have to get yearly sticker..i just never did it..according to fl. website the fine is $25 a month,thats 300 a year for 6 years..i do not have that kind of money..do i have any options..

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

Other than asking the DMV if there is any way to petition them to waive some or all of the $1,800 penalty you amassed over six years you will have to pay it--if you intend to live in the old mobile home. Another option would be to try to sell it to someone that purchases old mobile homes for the... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My tenants lease was up July 5 with notice of 30 days that it will not be renewed. She still has not completely moved.

How do I get her out or can I just remove her belongings, since she is not legally suppose to be there?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 7, 2019

No, you need to sue to evict her.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: My roommate/renter is running the AC very low in her room. Do I have the right to enter and turn it up or cut electric?

She has no lease or signed agreement, but is receiving mail here.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2019

If I were you, before I did anything as drastic as you suggested I would ask a lawyer to review everything and advise you on what to do, and perhaps how to do it. Splitting utilities might solve the problem.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a commercial landlord refuse my option to renew letter, claim it is a month-month lease and force me 30 days early?

My commercial lease states "Tenant may renew the lease for one extended term of 1 year, Tenant shall exercise such renewal option, if at all, by giving written notice to Landlord not less than 90 days prior to the expiration of the Initial Term. The renewal term shall be at the rental set forth... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jul 1, 2019

Well you are in a difficult situation. If the landlord did not properly follow the terms of the lease by notifying you in advance that you could not renew and then ignored or notice to renew you are probably looking at a costly and distracting legal battle to determine who was right or wrong. As... Read more »

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