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Florida Landlord - Tenant Questions & Answers
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, Criminal Law and Real Estate Law for Florida on
Q: Help needed for Unlawful Detainer Lawsuit Eviction Thank you

Any help or advice appreciated. I am searching for a lawyer to help evict an individual that is on our property illegally. He is also on probation for burglary and grand larceny which may be helpful in establishing he has no credibility. Thank you for your time.

Anthony M. Avery
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answered on Jan 7, 2025

Hire a FL attorney to sue all occupants and that known individual for possession only.

1 Answer | Asked in Landlord - Tenant, Civil Rights and Small Claims for Florida on
Q: My landlord is witholding my security deposit illegally. I informed her in time and left the Apt. in optimal conditions

I took the apartment in uninhabitable conditions on February, 2023. Under the agreement to make the necessary repairs and pay a monthly rent of $1,634.00 adjusted to meet the cost stipulated by the Miami Beach Housing Authority (see attached agreement sheet) And that the total cost to be paid for... View More

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry you're going through this difficult situation. Start by gathering all your documentation, including the lease agreements, communication with your landlord, receipts for repairs and treatments, and any photos that support your case. This evidence will be crucial in proving that... View More

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Florida on
Q: How can I find the probation officer for someone in Tampa Florida thank you.

We are dealing with someone illegally on our property. He was arrested recently for burglary and grand larceny. He is on probation. We would like to contact his probation officer to let him know the person is committing more crime. Any advice appreciated.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 4, 2025

If he was arrested, the probation officer will be notified.

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Criminal Law and Elder Law for Florida on
Q: Commercial Property Eviction help needed thank you for your thoughts

I am in need of advice and help from a lawyer regarding evicting a criminal from a commercial property. The key to property was stolen from my elderly father. The criminal is currently on probation for other crimes. Any advice is greatly appreciated.

Jacqueline Alicia Salcines
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answered on Jan 4, 2025

I am happy to assist you with this eviction. I would need to see the Commercial Lease in advance however to advise what recourse you can take. You can email that to us.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I live in Miami Dade year lease ends tomorrow, landlord hasn't contacted me to renew I want to stay what are the laws

I'm not sure what the new laws are. Does the landlord have to give notice if not renewing, can she increase rent without notice, what are my rights in Miami Dade county? If these things were required and she didn't give notice, which she hasn't, does my lease renew automatically?

Jacqueline Alicia Salcines
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answered on Dec 30, 2024

You must read the lease to see whether the lease renews automatically as a month to month lease or terminates. If unclear speak to a real estate attorney so we can review the lease and advise.

1 Answer | Asked in Elder Law, Landlord - Tenant, Contracts and Criminal Law for Florida on
Q: We bought a home and were told we overpaid $1000. 12 weeks and no refund. Now, told our last month rent failed? LOL?

We send two checks to cover rent. Money orders from Publix per park regulations, they signed saying they received them (in person), one for $387, other $500, then 3 weeks later were told the $500 check was no good, yet both checks were cashed on the same day. We are not litigious. We don’t... View More

Erik A. Perez
Erik A. Perez
answered on Dec 27, 2024

Th explanation of the facts of the case is a bit confusing as I am unclear on whether you are an owner or tenant. Nevertheless, any overpayment on a purchase typically is reimbursed by the escrow agent. The terms of the contract should be reviewed to identify whether they address what needs to... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Gov & Administrative Law for Florida on
Q: What are my rights as a disabled individual who had safety concerns willfully ignored by my landlord for months?

I provided previous documentation via emails, physician verification of my disabilities, numerous phone calls to the leasing office records, documentation of my maintenance requests falsely solved in the resident portal as well as these willful violations of my right to ensure a safe and peaceful... View More

Erik A. Perez
Erik A. Perez
answered on Dec 17, 2024

You may be able to terminate the lease. However, it appears you likely need to provide a notice to cure under the statute and thereafter you may be able to exercise your right to termination of the lease and/or rent abatement.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I needed to know if I could have some information on a landlord submitting an eviction that is defective
Linda Liang
Linda Liang
answered on Dec 2, 2024

Your question is incomplete. What information do you need? Are you asking how you can find that information? Or what you should do if the eviction complaint is defective. Either way, you should talk to an attorney for advice after checking the case.

1 Answer | Asked in Contracts, Landlord - Tenant and Probate for Florida on
Q: Deposit after death, one heir

Mother's landlord sent deposit for rental home my mother was leasing back to me directly and not in the estate of, I am her only heir. We have not filled probate or a summary administration as my mother's credit card bills are higher than what is in her bank account and I would be out the... View More

Erik A. Perez
Erik A. Perez
answered on Nov 27, 2024

As you have explained it, the funds belong to your mother, so they should be part of her estate. However, a review of the lease could change the answer to your questions. For instance, if you were on the lease or there was an assignment clause.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have received an eviction notice with documents that state I was served a 3 day notice that I was not.

Paperwork that I got has a 3 day notice that they said I have received but I never got any copy of anything at all, was wondering if I had any way to fight the eviction.

Jacqueline Alicia Salcines
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answered on Nov 13, 2024

I would consult with a lawyer to review the three day and make sure it conforms to statute and then proceed. Consult today

1 Answer | Asked in Contracts, Civil Rights, Landlord - Tenant and Probate for Florida on
Q: This is in regard to an Irrevocable Trust and my rights as a tenant at Trust held property in Florida.

I was caregiver for my Dad. He passed. Friend of family is Exec Trustee for the Trust my father had his estate pass into. I had a written agreement with my father to remain at his property in Florida for as long as I need. 40% of the property is mine according to Trust Dox, 40% my step brothers,... View More

Kimberly Grant
Kimberly Grant
answered on Nov 8, 2024

Let me preface my remarks by saying what you have described is outside my area of practice.

However, I believe you should act quickly to hire a lawyer who handles probate litigation in your area. Make sure he/she doesn't have any conflict of interest with the Executive Trustee. The...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Building associations can release security deposit to landlord if is on the lease to cover unit damages?

Recently evicted tenants from my apt in Miami,FL.

Tenants had security deposit paid ti association, and now association wants to return payment to tenants but the signed lease it says that the security deposit is also to cover my property damages, in this case I can be entitled to receive... View More

Jacqueline Alicia Salcines
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answered on Nov 5, 2024

You should have an attorney review the Lease to see what can or cant be done. That way we can advise next steps and if what they are doing is in line with Fla. Sta. 83.49

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I sue my landlord for unlivable roaches infestation

I email my landlord about roach infestation. He emailed me back and said as long as you have food to feed them, you gonna have roaches he sent me details of how to get rid of roaches. I’ve bought all kinds of roach spray. To get rid of roaches and it did no good now this is the second time... View More

Linda Liang
Linda Liang
answered on Nov 4, 2024

Under Florida law, you can send the landlord a 20-day notice notifying him of the situation and stating your plan of action. If the landlord fails to take action, you can do what you said, including withholding the rent.

1 Answer | Asked in Contracts, Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on
Q: Hit by Milton and no access back to MHP. I own home, but lease the lot. No power b/c flooding. Is rent still due?

9 days without power, plumbing, trash service, etc. Duke Energy cannot reestablish power until water recedes and could take weeks according to their notice.

Linda Liang
Linda Liang
answered on Oct 17, 2024

Most likely yes. Your obligation to pay is described by the lease, which is between you and your landlord. The inconvenience was not the landlord's fault. It is unlikely the lease provides the landlord should waive the rent.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a judge give 29 days from court date to move when served unlawful detainer after Landlord admitted to rent received

I asked that case be dismissed since there was a landlord tenant agreement with all the tenants except for two. The landlord admitted to the judge that yes there was rent paid and the amounts that was paid to him. They judge said only two could be served with that summons because everyone else... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 23, 2024

Yes.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord charge you prorated rent plus the 2 months of rent for breaking your lease.

Can the landlord charge you two months of utilities for breaking your lease?

Jacqueline Alicia Salcines
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answered on Sep 19, 2024

The answer to the question will be in your lease? What does it state regarding breach? And liquidated damages for early termination? Speak to a lawyer so we can review the Lease and advise.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Under a rental agreement, who has legal rights to inspect a rental property for insurance?

The owners father is wanting to come in and inspect the house for necessary repairs, however, we are questioning if he has legal precedence to do so? The actual owner lives in Texas and as far as we know, she has not produced any documentation showing her Father, or anyone else, having been... View More

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Sep 19, 2024

In Florida, the landlord must give you at least 24 hours notice, in writing, before they or their representative enters your property. However, it would also be good to know if your rental agreement calls for an even longer notice period.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I take possession of property If tenant has not paid rent? Text him no response. Took his property and left

His lease was to end December 31, 2024.

Jacqueline Alicia Salcines
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answered on Sep 17, 2024

The answer will lie in your lease. Feel free to send it for review and then we can advise next steps.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Criminal Law for Florida on
Q: Is it possible to sell a commercial property when there are problematic people on the property that need eviction.

Thanks for reading my question. I inherited a commercial property. There are criminals on the property illegally and have been there for 2 years without paying any rent to the original owner. They need to be evicted. I am not well. I just cannot mentally or physically deal with this situation... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 14, 2024

Of course its *possible*. The question is what sort of reduced sales price you are willing to accept, because you would be handing off a problem. I recommend that you do 2 things: hire a lawyer to proceed with a removal action and hire a commercial real estate agent to sell the property. I do not... View More

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