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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Is my lease still valid if I signed 8/2023 come to find the company’s LLC dissolved in 9/2022?

I am having to move and they are saying I have to pay remainder or rent for 6months including my deposit, have heard shady stuff about the company so I did a quick search and found this out. I’m in Orlando, Florida

Jane Kim
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answered on Jan 7, 2024

It depends how the lease was signed. Also, the LLC may not be the right party to the lease but the terms may inure to an individual. You need to read the lease to understand more. Basically, they shouldn't be creating new terms, and you shouldn't be unjustly enriched because the LLC... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I was renting a room in my friends , he passed away 2weeks ago. His cousin wants keys to the house and for me move out

Where do i stand

James L. Arrasmith
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answered on Dec 17, 2023

In your situation, the key factor to consider is the terms of your rental agreement with your friend. If you had a formal lease, its terms typically continue to apply, even after the passing of the landlord. This means you have the same rights and obligations as before, until the lease expires.... View More

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1 Answer | Asked in Landlord - Tenant and Civil Rights for Florida on
Q: I live in FL inshared room,who put camera inside front door where we exit and enter, and where I personally get dressed
James L. Arrasmith
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answered on Dec 15, 2023

In Florida, the use of cameras in private living spaces, especially in areas where individuals have a reasonable expectation of privacy, is a sensitive legal issue. If a camera is placed in a shared living space, such as a room where you get dressed, this could potentially violate privacy laws.... View More

1 Answer | Asked in Personal Injury, Real Estate Law, Health Care Law and Landlord - Tenant for Florida on
Q: Can I sue my HOA for radon exposure and for denying my architectural request for a mitigation system?

Over a year ago, I formally submitted a request to my HOA's management company, complete with necessary documentation, seeking approval for a Radon mitigation fan installation. Despite engaging with the HOA management for over four months, my inquiries were met with vague responses. Even... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Dec 13, 2023

Generally, anyone can sue anyone else but whether or not you have a case depends on a lot of factors, including a reading of your association documents, which we cannot do in this online forum. How you proceed depends on if you live in a HOA (generally, single-family home, townhomes, villas) or a... View More

2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: My boyfriend just moved out. He left things that he says he wants to come back for. He is not on the lease.

I paid for nearly all the items he wants to take. Additionally he says he is going to come back with the police and force me to let him take them or have me arrested. Do I have to allow him to take what I paid for or what was purchased for the home? Can I file anything with the court to refuse his... View More

Charles M.  Baron
Charles M. Baron
answered on Dec 9, 2023

I fully agree with Mr. Nkwoka's answer, with one caveat. If your intent, when or after paying for an item, was to convey the item to your ex as a gift, then you cannot rescind the gift. The item would legally be his, notwithstanding that you paid for it. But if he left without taking any... View More

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: My boyfriend just moved out. He left things that he says he wants to come back for. He is not on the lease.

I paid for nearly all the items he wants to take. Additionally he says he is going to come back with the police and force me to let him take them or have me arrested. Do I have to allow him to take what I paid for or what was purchased for the home? Can I file anything with the court to refuse his... View More

Charles Chukwuma Nkwoka
Charles Chukwuma Nkwoka
answered on Dec 8, 2023

In Florida, property rights and disputes between unmarried cohabitants are generally governed by principles of contract law and property ownership. Since your boyfriend is not on the lease, and if you have proof of purchase for the items he wants to take, you may have a stronger legal claim to... View More

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1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: I invested in an apartment application, but unfortunately, my bad credit led to a denial. However, I managed to find ano

I invested in an apartment application, but unfortunately, my bad credit led to a denial. However, I managed to find another company that offered assistance in securing the apartment. Now, they have unexpectedly given me a tight deadline of 48 hours to come up with $5,000 or I lose the place. Is... View More

James L. Arrasmith
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answered on Nov 16, 2023

In Florida, the legality of demanding a quick payment like $5,000 in 48 hours for an apartment can be questionable, particularly if it wasn't clearly stated in the agreement you signed with the company. It's important to review any contract or agreement you have with them to understand... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What do I do if I've gotten an eviction notice from my apartment And yet my landlord did not fix anything for over 8 mo

I have been living in my apartment for over four years my landlord originally charged me 500 a month he sold the duplex that I live in and a new company took over in the beginning the first thing I asked him was if my rent was going to change they said your lease would stay the same but it... View More

James L. Arrasmith
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answered on Nov 9, 2023

I'm sorry to hear about the difficult situation with your apartment and landlord. Here are a few options on how to respond to the eviction notice:

- Review the notice carefully - make sure it follows proper procedures and requirements under Florida law. If not, the notice may be...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am renting a room in a house. One of the other tenants told the house owner that he is moving out in 2 weeks...

this was a month ago and he is still here. can the owner do anything to make him leave soon? (the renter is VERY messy and inconsiderate of the other renters so the sooner the better). no lease agreement was made

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Oct 31, 2023

If there is no written lease, then the duration of the tenancy is based on the frequency with which rent is paid. If it is a month-to-month arrangement, then the landlord can terminate the "tenancy at will" with 15 days notice before the end of the monthly term. An attorney should... View More

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Eviction in my rights with an oral agreement not being held up on homeowners end

Almost purchased to provide for my son and myself we were promised no rent until after my son graduated high school I was then shocked and surprised to find out they were selling the home because the potential new buyer had knocked on the door asking to come in and take pictures. I let them in they... View More

James L. Arrasmith
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answered on Oct 23, 2023

In Florida, oral agreements, although harder to prove than written ones, can be enforceable. If you had an oral agreement with the homeowner about living in the property rent-free until after your son's graduation, and the homeowner did not uphold this agreement, you might have a defense... View More

1 Answer | Asked in Landlord - Tenant and Small Claims for Florida on
Q: Can I get compensation for fixing and buying my own garbage disposal?

Hello! My leasing office has taken a week to fix a broken garbage disposal and I called yesterday to come fix it they have not. My Sink is extremely backed up.

James L. Arrasmith
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answered on Oct 23, 2023

In Florida, landlords are generally required to maintain the rental property in a habitable condition. If the broken garbage disposal is causing your sink to be backed up and rendering it unusable, it may be considered a necessary repair. Before taking matters into your own hands, it's... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: In an Florida eviction case, can a plaintiff file an answer after a defendant responds?

I filed an eviction, the defendant responded but made assertions in her response that I would like to refute. Can I issue a response or do I have to wait for a hearing to respond?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 18, 2023

If you want to comply with the Florida Civil Rules, it's unnecessary to file such a response. One does not file a response to an answer; it's unnecessary, because Civil Rule 1.110 (e) provides that "... (e) ... Averments in a pleading to which no responsive pleading is required or... View More

1 Answer | Asked in Landlord - Tenant and Contracts for Florida on
Q: I’m renting in FL without a lease. I’m moving out earlier than I said I would. Am I under contract or an at will tenant?

There is written communication of how long I would rent for.

T. Augustus Claus
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answered on Oct 12, 2023

In Florida, if you're renting without a formal lease, you're generally considered a "tenant at will." This usually means you or your landlord can terminate the arrangement with reasonable notice, which is often defined as the interval between rent payments. For example, if you... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Didn't get my security deposit back

Didn't get security deposit back after 30 days of leaving. Contacting them but they are stalling stating that I didnt clean ac filter. I leased for 2 months and I stayed only 1 month, was out of town for the rest of the time.

T. Augustus Claus
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answered on Oct 11, 2023

In Florida, landlords are required to return a tenant's security deposit within 15 days of the lease termination unless they intend to make a claim on it. If a landlord plans to make a claim against the deposit, they must give the tenant written notice of the claim within 30 days of the... View More

2 Answers | Asked in Landlord - Tenant and Personal Injury for Florida on
Q: Can I sue my apartment complex if my car got stolen from there there's no security no gate no cameras

They only have cameras at the gate they refuse to fix so u only see cars coming in n out that's it my car being stolen from ruined my life

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

It is highly unlikely you can successfully sue your apartment complex for the theft of your car absent very unusual facts and circumstances. But it does depend on the facts and circumstances.

Fortunately your car insurance should financially assist you under your comprehensive coverage.

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I take any legal action against my apartment complex if they did not send us a renewal or a nonrenewal letter?

My lease end with this current complex on October 15th. We have not received a letter for renewal nor a letter stating that they will not renew us. I first sent an email asking about renewal letters back in late June and they responded that they'd be sent out in July. Come July, nothing was... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

The following info is general educational information for this kind of situation. To obtain reliable legal advice, schedule a consultation with lawyer. Under Fla. law, when a tenant is on a year's lease, and the tenant decides to stay on with the landlord's consent but without a new... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I take any legal action against my apartment complex if they did not send us a renewal or a nonrenewal letter?

My lease end with this current complex on October 15th. We have not received a letter for renewal nor a letter stating that they will not renew us. I first sent an email asking about renewal letters back in late June and they responded that they'd be sent out in July. Come July, nothing was... View More

Charles M.  Baron
Charles M. Baron
answered on Oct 2, 2023

To clarify my last answer here, if a tenant intends to vacate at the end of the current lease term, the tenant can generally do that without notifying the landlord any particular number of days in advance, and without further obligation to the landlord, unless the lease has language to the contrary... View More

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: My adult son won’t leave my house if I live on the same residence can I legally have my electricity shut off so they go

There’s no landlord tenant agreement. I’ve asked him repeatedly to move out. He says to evict them. I let him and his girlfriend move in because they need help out of the kindness of my heart. Now they’re destroying my property and stealing my property they’re not respecting anything I’ve... View More

Charles M.  Baron
Charles M. Baron
answered on Sep 24, 2023

The following is general information for this kind of situation, not legal advice to rely on, for which you'd need to schedule a consultation with a law office. (That applies to all answers in this forum.)

You seem to be asking if you can totally shut off your electricity (100%) for...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: What to do if no deposit refund is received from rental property management in 30days?
T. Augustus Claus
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answered on Sep 22, 2023

In Florida, if you haven't received your security deposit or an itemized list of deductions within 30 days, you may take several steps to address the issue. First, you can send a written demand via certified mail to your landlord requesting the return of your deposit. If there's no... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can an apt mgr make you pay new rent increase BEFORE you lease is up? New rent 11/1/23. My lease expires 12/31/23.

Palm Port Apts in North Port, FL. Everyone is having the same confusing issue.

Charles M.  Baron
Charles M. Baron
answered on Sep 21, 2023

Only if the lease says the landlord can do it. Ask the manager which lease provision permits rental increase during the lease term. If not permitted under the lease, you may want to hire an attorney to send a letter, or if you cannot afford that because you're indigent, contact your local... View More

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