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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Real Estate Law and Criminal Law for Florida on
Q: What name can an eviction begin under if property owner is deceased? Thank you.

Thank you for reading my question. A family member has died. He owned a commercial property. There has been a criminal on the property for several years that needs to be evicted. The property has not been transferred yet to the beneficiary of the estate. Can a letter asking criminal to vacate be... View More

James Clifton
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James Clifton
answered on Sep 14, 2024

The eviction will take place in the name of the personal representative of the estate of the deceased. The personal representative has the authority to oversee the property of the estate and make financial decisions on behalf of the estate until the estate has been settled.

Schedule a free...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hello can a hotel manager kick me out or lock me out my room for unpaid balance I been staying here since March 2024

School just started and I’m 2 weeks behind on my hotel room and now the manager threatens to kick me out or lock me out of my room. Can he do this?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 8, 2024

In a word, yes. The motel could care less about your circumstances. Pay the room bill or you will find yourself out on the street.

1 Answer | Asked in Contracts, Consumer Law and Landlord - Tenant for Florida on
Q: We moved into our apartment May 2024 and have had countless issues since then. Can lease be termed due to negligence?

The unit wasn’t properly maintained prior to move in, every door and window has large drafts causing electric to sky rocket and bugs to enter. 4 weeks it took maintenance to come out and that’s because I had to keep calling and complaining. One window was off its track, everything needs weather... View More

Jacqueline Alicia Salcines
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answered on Sep 1, 2024

Sorry you are going through this. If the correct letter is sent that complies with Florida Statute and law, yes it can be. Consult with us in order to advise what you need to do so you can get the right letter to the landlord, cancel the lease and have all the deposits returned to you.

1 Answer | Asked in Constitutional Law and Landlord - Tenant for Florida on
Q: Can student housing charge a full month rent if you don’t move into unit until the middle of the month? why not prorate
James L. Arrasmith
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answered on Aug 31, 2024

If you’re renting student housing and don’t move in until the middle of the month, you might wonder why you’re being charged for the full month. Typically, rental agreements are based on the terms set forth in the lease, which often require payment for the entire month regardless of when you... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can you kick somebody out of the house after 20 years together but I own the house

Are they allowed to take anything from the house or the yard?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 28, 2024

Yes, if you own the house, you can ask them to leave. If they refuse, you can take them to court to force them to leave. They can take their possessions with them.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Florida on
Q: How do I go about find a suitable lawyer if my civil rights been violated as a tenant by my landlord for discrimination

Which the landlord who knew my first and last name and have written out rent receipts and have documents that has my legal birth first and last name that were sign and printed out by me the tenant and landlord who has printed and sign my name on rent receiptsand leases On an eviction notice that... View More

James L. Arrasmith
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answered on Jul 27, 2024

Finding a suitable lawyer for a civil rights violation case starts with researching local attorneys who focus on civil rights or tenant-landlord disputes. Begin by asking for recommendations from friends, family, or community organizations. You can also search online for attorneys with good reviews... View More

1 Answer | Asked in Personal Injury and Landlord - Tenant for Florida on
Q: in the motel I'm staying at it was sticking out and ambulance came to get me I broke two bones

This morning the same motel is telling me that they're not going to accept a partial payment on my room that I've been in over 30 days

Stephen Arnold Black
Stephen Arnold Black
answered on Jul 2, 2024

If you broke your bones as a result of the negligent acts or omissions to act by motel staff , then you should retain an attorney here in Florida to represent you on contingency fee which means you don’t pay unless you win.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it true if at any point your landlord refuses a w-9 that you should immediately stop paying rent?

We had to get help with one months rent from an organization and the landlord was okay with that until I told her about the w-9 and at that point told me that her accountant told her not to fill it out because she would have to pay taxes on it and I was confused because I thought that landlords had... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 26, 2024

No, why would you try to give an IRS Form W-9 to you landlord? In any event, refusal to accept delivery of that form doesn't excuse your obligation to pay rent.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: What is a "squatter" in the new florida bill HB 621?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 22, 2024

The term "squatter" is not used in the bill. See:

https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h0621er.docx&DocumentType=Bill&BillNumber=0621&Session=2024

1 Answer | Asked in Divorce and Landlord - Tenant for Florida on
Q: My ex wife moved out 16 moths ago and left her stuff now she wants to sue me for her things she never picked up.

Nothing in the divorce agreement says anything about belongings but she sent an email 14 months ago stating what furniture she wanted and I replied looks good. Does she have any rights to her stuff since it's been so long.

Rand Scott Lieber
Rand Scott Lieber
answered on May 28, 2024

You are both bound by whatever your settlement agreement says. Normally there is a clause that says each party keeps whatever is remaining in their possession. Read the agreement carefully and speak with a local family lawyer for more specific advice.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I served eviction notice posted 5/20. Can I accept his past due amount and still evict ?

I served eviction notice posted on front door 5/20. (with photo evidence and witness). Notice was gone less than 24 hours later. He is almost $5000 in arrears. He was given 7 days with no opportunity to cure. He messaged today saying "I have money for you". He has been living there for... View More

Jacqueline Alicia Salcines
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answered on May 28, 2024

If you accept rent, then yes, the eviction is cancelled.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can a landlord put a lockbox on the property while tenants are living in the property without your consent or agreement?
Jacqueline Alicia Salcines
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answered on May 3, 2024

Absolutely not if residential. That’s calls self help eviction and very frowned upon. Speak to a lawyer to assist you

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord is harassing me, blowing up my phone and threatening to evict even tho I’ve moved out.

I asked for my security deposit that my lease states I have gave her and I have messages of her saying she’ll return it. But as we were getting ready to leave she stated that it wasn’t a security deposit then proceeded to send me a screenshot of my eviction notice and when I asked why she said... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 2, 2024

You need a lawyer. Contact Legal Aid for help if you cannot afford an attorney. It doesn't sound like she's playing by the rules, and she is required to play by the rules (Florida Statutes). A lawyer will be of immense help.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord does not return my deposit can I stay until the deposit runs out
Barry W. Kaufman
Barry W. Kaufman
answered on Apr 21, 2024

No. You must leave no.later than the day your lease expires.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my apartment change my liability insurance requirements midlease because of company policy changes?

I live in Florida and signed a lease with an insurance liability addendum that states 100k in coverage. We received an email stating this amount would go up to $300,000 and if we did not increase our limit we would be charged $8 a month. They said they will never adjust our lease however company... View More

Linda Liang
Linda Liang
answered on Apr 10, 2024

They shouldn't if the lease stipulates the amount without exception. Whether they can do or cannot do such thing depend on the terms of the lease. You should review the lease and ask them for explanation.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord/Rent Question I’ve been fined for a “trash violation.” We have valet trash where I live, and the ot
James L. Arrasmith
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answered on Mar 31, 2024

I understand you have a concern about being fined for a trash violation despite having valet trash service at your residence. To provide the most helpful advice, I would need some additional details:

1. What specifically was the stated reason for the trash violation fine? Was trash not...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Our Florida tenant paid our property management company using forged certified checks. The management company

forwarded the normal rent payment to us until it was determined the checks were invalid. Who is now financially responsible for the bad checks - us or the property management company?

James L. Arrasmith
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answered on Mar 26, 2024

In cases like this, the financial responsibility typically depends on the terms of your agreement with the property management company. Generally, if the management company acted in good faith and followed standard procedures, they might not be held liable for the forged checks. It's important... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I’ve given a $1,000 holding deposit prior to move in June 1 2023. Owner refused to place towards 1st month rent.

Owner refuses to apply holding deposit $1000. towards rent. Claims to keep my money. Added addendum my first week upon moving in basically changing lease after I moved in. I have a lease and my proposal (email) in which all parties have signed. It’s been 9 months she will not renew my lease. I... View More

James L. Arrasmith
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answered on Mar 26, 2024

Vivian, it sounds like you're dealing with a complex situation regarding your rental agreement and the handling of your deposits. First, it's important to review the signed lease agreement and any email correspondences that outlined the terms regarding the holding deposit and how it would... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What Florida statute protects a disabled adult tenant from deception and intimidation causing great psychological harm?

Property manager began deception and intimidation by means of verbal threats of eviction. Then began a self-help eviction using an out of state eviction notice posted at disabled adult's home. For six months the property manager continued to deceive and intimidate the tenant through a variety... View More

Linda Liang
Linda Liang
answered on Feb 13, 2024

Florida Statutes 768 governs torts.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can the owner of a mobile home park charge an additional monthly fee/rent if it is not defined in the prospectus?

Let's say that Jim has moved back to his childhood home on lot 42 and the owner of the mobile home park now considers him an additional occupant. He charges lot 42 an additional $110 in rent. That amount nor the definition of an additional occupant is noted in the prospectus. The park owner... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 6, 2024

No one can answer this question without reading any documents that were signed between the parties and any documents that are in the public record. Whether or not that charge is legal depends on the reading and analysis of those documents. Not paying the charge would likely lead to an eviction.... View More

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