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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Lived here for 2 years name isnt on lease they gave me 2 weeks to move do I have to leave in 2 weeks

Lakeland flordia

Barry W. Kaufman
Barry W. Kaufman
answered on Jan 29, 2024

Are you paying rent, or is there an agreement for you to pay rent (makes a huge difference). If you are not on thr lease and you have no agreement to.pay rent, you need to.leave. end of story

1 Answer | Asked in Contracts, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: ASSISTED LIVING FACILITY- annual increase amount notice received. no mention of re-categorize unit and charge more money

my father lives in an assisted living for 2+ years. The resident agreement states they can raise the rent annually and also make a cost of living adjustment annually. In addition, they can raise the rates on the nursing services. Written notice 30 days prior. We received a notice on 12/1/2023 that... View More

Tim Akpinar
Tim Akpinar
answered on Jan 16, 2024

A Florida attorney could advise best, but your question remains open for two weeks. A starting point could be to make another request for an explanation. If you contemplate disputing, you could check the agreement/contract as to any provisions for the resolution of disputes (arbitration, courts of... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: new home, owner wants me to pay for the water of the new sod.
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jan 8, 2024

Is there a question? Generally, unless there is language stating the landlord is responsible for watering the grass, the tenant is responsible for this.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If it’s not stated in my lease, can I be required to pay for professional cleaning before moving out?

Hi, I’m moving out of my apartment soon and my landlord has informed me that I need to either pay them $320 or a third party for professional cleaning of my unit (receipts required). This is all required before a move-out inspection has been done (2+ weeks before moving). I have reread my lease... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 2, 2024

It looks like they are claiming that there is a separate document entitled “cleaning instructions” and that this document was provided to you. Ask them for a copy and for proof that the "cleaning instructions" were in fact provided to you.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a week-to-week verbal rental agreement with my landlord. Can my landlord terminate the agreement at any time?

I have never missed a payment. And my landlord has not given a reason why he wants to terminate the rental agreement.

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 15, 2023

He can terminate the agreement at any time and doesn't have to give you a reason.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I make a form that limits my owners liability if a tenant buys a shed and maintains it?

My tenant would like to buy, maintain, and remove said shed when the lease is up. Can I word a form that all parties sign that would limit/remove liability from the owner and place on the tenant if anything were to happen?

Barry W. Kaufman
Barry W. Kaufman
answered on Dec 11, 2023

You should consult an attorney to draft such a contract. DIY contracts are generally headaches as soon as something goes awry.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord is not renewing lease, but he has discriminated against me since July 26th, 2023
Barry W. Kaufman
Barry W. Kaufman
answered on Dec 5, 2023

This is not a question, but a statement.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: The judge issued an order in my eviction case denying my motion to dismiss the plaintiffs complaint and further ordered

The judge further ordered “the court orders the defendant to file an answer within 20 days of this order”

Does that mean i have 20 days before the plaintiff can file a motion for default judgement?

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 30, 2023

Yes. You now have 20 days to file an answer, and the plaintiff's motion for default would not entered by the clerk (or should not be, and if it was, you'd have an airtight reason for the default to be vacated).

1 Answer | Asked in Elder Law and Landlord - Tenant for Florida on
Q: assisted living facility--does this paragraph mean they can increase all 3 each year?

increase in aprtment monthly fee and healthcare services and incidental charges:

community will employ cost control measures consistent with sound financial practices and the need for regular and continued maintainence of the community and the level o services provided. Resident... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 29, 2023

Yes, that appears to be what it means. Like other rental contracts, the price can usually go up periodically, yearly in this case.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a rental property deny renting to me do to lack of rental history

They looked into my rental history and found an apartment complex that I rented from but had just that they rented to me it had no information they contacted the apartment complex and they said that they had deleted my file because they were Under New Management and there was no bad information in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 19, 2023

Yes. They can.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi. can a landlord of low-income property just raise your rent when you are disabled? limited income? passed 55 years

maintenance of the property is only average. No special amenities.

Barry W. Kaufman
Barry W. Kaufman
answered on Nov 17, 2023

Yes. The landlord can raise the rent when you enter into new lease.

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...
View More

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

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord informed me that I have 30 days to move due to him selling the property. What can I do?

He still wants this months rent, isn't giving deposit back, and I have a 7 yo son. Always paid rent. Been here 2.5 years and that was the only notice. What are my options? He plans on putting eviction on my record to. Kept the place clean and even had place exterminated. What can I do?

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 7, 2023

Not enough facts to answer your question, however if you are a month to month basis, he needs only to give you 1 day notice. If you have not paid the October rent, he can give you a 3 day notice and if you fill to move or pay, he can evict you. DO not let him file an eviction complaint. The fact... View More

1 Answer | Asked in Business Law and Landlord - Tenant for Florida on
Q: Can I be trespassed by a property manager as an employee of a company renting space within a store that is contracted.

I work in a medical office within a retail store. I do not have a contract with the property management company the store does. Today, I was harassed by a property manager because they were under the assumption that I had a patient parking in a no park zone. Turns out it wasn't a patient of... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 5, 2023

You can be trespassed because you have blue eyes. "When I started asking questions.." is the issue. You obviously ticked this guy off with your questions. Next time, don't let there be a next time.

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