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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: is it legal for an HOA to fine you (the owner) because your tenants were seeing using the lifeguard device at the pool?

I own a townhouse in the city of miami and it’s currently rented. I just received a notice of violation from the HOA saying that I have to pay $100 because my tenants were seeing at the pool using the lifeguard device. The device was not broken or stolen but it seems like they were using it.... View More

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

You have to consult your HOA documents - nobody online knows what those documents contain.

2 Answers | Asked in Real Estate Law, Criminal Law, Landlord - Tenant and Probate for Florida on
Q: Trustee of my Father’s estate is refusing to show, share or provide list of beneficiaries. What can or should I do?

Trustee has not shared the Trust. It is believed he disposed of the most recent Will, & filed an older version in which he filed a month after my dad passed, & has slowly trickled in other documents:

One property was not part of the trust, yet somehow he has been able to transfer... View More

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

There's no online help. You must retain an attorney to protect yourself. The personal representative should have a lawyer representing your dad's estate.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My tenant daughter living with her gave birth to a child. The father not living there. what is my landlord rights ?

Father of new born , unknown and not living with them

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 19, 2021

Your landlord rights have nothing to do with whether the baby's father lives there.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: If a lease lease was sent and signed by both the landlord and then the tenants.and one of the tenants dies ..valid?
Michael  Mayoral
Michael Mayoral
answered on Oct 12, 2021

If a lease was signed between a landlord and two tenants, and one of the tenants dies, the lease would still be valid and enforceable, unless the lease says something specific about what happens if one of the tenants dies. Residential leases typically don't have such provisions.

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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: Can you be evicted if your landlord was given the title to your mobile home 1 year ago? We left it 1 year ago

My husband and I owned a Mobile home in a trailer park a year ago. We rented the land; but owned the mobile home. After not being able to sell the mobile home. We turned the title with a letter of discontinued of our month to month lease. We had both a certified copy of the mobile home title signed... View More

Jane Kim
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answered on Oct 10, 2021

Likely a formality to take possession. But you may want to contact opposing counsel to enter into a consent Judgment for possession only without money damages. You may want to retain a lawyer to ensure there is no money judgment against you.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can you be evicted 1 year after you terminated your month to month and they have possession of the trailer?

We are being evicted 1 year after we moved out. We turned the title of our mobile and keys when we terminated our month to month. They went into the mobile home the next day. We have not heard from them until today 1 year later. They want to evict us. They have the property and have gone in and out... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 9, 2021

What do you mean by "being evicted"; are you suggesting that they are suing you in court for possession of the premises? That doesn't make any sense if, as you suggest, you moved out a year ago. Are you sure "they" were your landlords or agents of your landlords?

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I’m currently renting and signed a 2 year lease extension 2 months ago , now my landlord decided to sell the home.

Will the new owner have to honor my lease ? And do I have to show the home at the landlords request ?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 7, 2021

Yes, but if you pay rent on a monthly basis, he can terminate your lease with notice. Basically, yes. You have to let him show the house, but he just can't barge in whenever he wants to.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I did a move in survey the landlord did one when we left, can I ask for the one from the last tenant move out?

Trying to establish a pattern and I need to know if it is legal to ask for the move out survey from the tenant there before me

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 7, 2021

Its neither legal or illegal. You can ask, and the LL can say yes or no. If he refuses, that's the end. You have no legal right to force him to give you the survey. You accept the premises as is.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I had a lawyer evict a tenant in Florida who did not pay

We evicted the tenant, but the suit was only for a one count eviction, the lawyer did not file for count two. We lost 11 months rent. How can I go after that rent. Ke.

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 3, 2021

You may not be able to do so. Talk to an attorney with your lease and the eviction case Number. You should have specified to the attorney exactly what you wanted- 11 months is a long time to suddenly realize there was no count for back rent.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Whats next in a holdover eviction?

I served a 30 day nonrenewal of my month to month tenant. I then filed eviction including lease and notice copies. Sheriff prioritizes holdover so tenant was served the next morning giving her 5 days. I don't think she's filed a response. Her 5 days were up yesterday. What do I do now? Do... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 3, 2021

Its the same thing.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My tenant is threatening to expose me if I tried to evict her for late payment and non payment of rent what can I do ?
Michael  Mayoral
Michael Mayoral
answered on Sep 30, 2021

Blackmail (or Extortion) is illegal in Florida. It is a second degree felony punishable by up to 15 years in prison. Florida's Blackmail statute reads as follows:

836.05 Threats; extortion.—Whoever, either verbally or by a written or printed communication, maliciously threatens to...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: My apt was sold and I have no info on current owners. There is no leasing agent.

My current lease expires on Oct 31 and my rent is due tomorrow but I cannot pay it without the name and address of the new owners. My lease agreement says I must give 30 days notice to vacate or pay an additional months rent. which I obviously can't given the circumstances. I cannot afford to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 30, 2021

Go to your county property appraiser website and see if the new deed has been recorded. That your present landlord won't tell you to whom to send the rent is ridiculous and may be his way of cheating the new LL out of the rent. Maybe not.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi Can a HOA rule be retroactive for short term rental in florida

We own a house since beginning of 2010 and rent it for less than 30 days period since then without any problem with our neighbours. Today the HOA ask us for ceasing it as they voted a rule in 2014 so after our purchase . Do they have the right for that ?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 29, 2021

Yes, in all likelihood. Read your HOA documents.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can our landlord evict us if we can’t find a new home if she is selling the home?

We’ve been living at our residence for 3 years. Our landlord is selling the house and our lease ends September 30. We’ve been trying to find a home but it’s been very hard because the rental industry right now is very low. We’ve been working endlessly to find a home to move out but we just... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 28, 2021

She is not evicting you because you can't find a home. She is evicting you because you would be staying past the end of your lease, and she has elected to not renew it. Your issue with finding a house is not her issue, its yours. She doesn't have to give you a reason to not renew your... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: If I am renting and the owner does not fix the A/C, can I withhold the rent and move without legal ramifications.

There is a management company managing my unit and the owner is not responding to approve the repairs of the A/C unit.

They have known about the estimate for over a week and they have yet to approve the repair/parts.

I have offered to pay for the $400 repair and take it from my... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 27, 2021

Consider trying the "Two Step Tango:

Step 1. Locate a new place to move, start packing everything and get ready to relocate in very short order.

Step 2. Locate and hire a very experienced Florida lawyer to write the landlord and the management company a very short-fused...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a submitted application for rental assistance via Our Florida(DCFS) program stop an eviction case/be a defense?

A request for rental assistance was submitted a month or so ago. The status is still showing "Submitted" with no way to check for further details. Approval is expected per the qualification guidelines. The landlord has filed a civil action, and the process server has served the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 25, 2021

Maybe, but the statute still requires you to deposit the rent with the clerk. Failure to do that.automatically entitles the landlord to judgment. Seems like you have a bona fide Catch22.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have paid the rent for this month he told me he wasn’t paying anything could I or the landlord just Evict him
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 24, 2021

I have to guess what your question is. So here goes: you have a roommate. You paid the rent in full to the landlord, but your roommate was supposed to pay half. When you demanded his half, he told you that he wasn't paying anything. Now you want to know whether you or the Landlord can evict... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What is considered landlord neglect? Also where can i read more on what landlords are allowed and not allowed to do?

I am currently 23, living with my girlfriend(20), we are both working 40 hours a week, renting from my aunt and uncle, who also run a logging company, that are honorably managed landlords. They do have 6 other rentals that are not rented to other family members. They hire cheap local... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2021

See chapter 83, Florida statutes. Available online. theres a lot of info on the internet

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord decided to sell the property and dropped of in the mailbox“Notice of Termination of Month to Month Tenancy”.

But according to the Residential Lease Agreement signed by both parties is says “If at any time either party desires to terminate the month-to-month tenancy, such party may do so by providing to the other party written notice of intention to terminate at least 30 days prior to the desired date of... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Sep 23, 2021

You are grasping at legal straws.

A "Notice of Termination" of your month-to-month tenancy is no different from a "Notice of Intention to Terminate" the same tenancy.

As you said, your lease is clear: You have no more than 30 days from the date you received...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord won’t allow tenants to inspect property to ascertain accuracy move out report, not return deposit

Landlord is charging tenant for painting inside of house (normal wear and tear) $800

Pruning bushes that should not pruned until Fall $100

Cleaning house (garage had cob webs, two blinds in dining room dusty) this after tenant paid professional cleaning service to clean. $250... View More

Erik A. Perez
Erik A. Perez
answered on Sep 22, 2021

Pursuant to Florida precedent, there is some legal authority which dictates a landlords may only charge for excess wear and tear. In other words, he/ she may not claim the security deposit for ordinary wear and tear like paint retouch and cleaning. In addition, the landlord has to comply with the... View More

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