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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Apt. Lease in Jax, FL states a no smoking policy inside and outside. How do we have this enforced? Pot smoked every day

34.17.1 You agree and acknowledge that this Property has been designated as a smoke-free living environment. You, Your Occupants, guests or invites shall not smoke or permit others to smoke anywhere in or on the Property. You shall inform Your Occupants, guests and invitees of the no... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 24, 2023

It would be my guess the police cannot arrest anyone unless they witness them smoking the pot themselves and have access to the outside area to make the arrest. Police do not usually use recordings from third parties as the sole basis of an arrest.

The apartment complex is likely not doing...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: I filed a "motion for the court to determine the rent" included in my response to an eviction summons.

I filed a "motion for the court to determine the rent" included in my response to an eviction summons. The judge approved and responded with a "Notice of Hearing and Order to Appear via Zoom"- included in this was an order for us to pay $3200, as I mentioned in response to the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 21, 2023

Read the statute. You are required to pay rent during the pendency of the litigation.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My commercial building lease expired July 15. I recently received notice that the property owner will no longer be

leasing the property, which has multiple tenants. September 3 is the date to vacate. Am I required to pay rent during this notice/move out period?

T. Augustus Claus
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answered on Jul 19, 2023

Typically, the terms regarding rent and notice periods should be outlined in your lease agreement. It's essential to review your lease carefully to determine the specific terms and obligations in your situation. Lease agreements can vary, and they often dictate the rights and responsibilities... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Legal recourse for persistent upstairs neighbor noise? Property manager and police involvement unsuccessful. Next steps?

For over two months, my neighbors have been consistently engaging in disruptive activities, including random stomping and running, resulting in significant noise disturbances throughout the day. Despite my numerous attempts to address the problem, such as contacting the property manager through... View More

Tiffani K. Thornton
Tiffani K. Thornton
answered on Jul 17, 2023

Depending on the terms of your lease agreement and additional circumstances, you may have a claim for breach of the covenant of quiet enjoyment. I generally recommend seeing an attorney about issuing a formal demand for resolve then reviewing if it makes sense proceed with a termination or... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hello, is it legal for a management company to offer no fee free way to pay monthly rent?
T. Augustus Claus
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answered on Jul 12, 2023

Yes, it is generally legal for a management company to offer a no-fee or free method for tenants to pay their monthly rent. Many management companies provide various payment options to accommodate tenant preferences, which may include online payments, direct deposit, or other convenient methods.

2 Answers | Asked in Contracts, Landlord - Tenant and Probate for Florida on
Q: Sibling moved into house before probate finalized. Also, added an rv and rented out the property, and a studio.

I have a legal fiduciary, granted by the courts, he is ignoring this matter.

James Clifton
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James Clifton
answered on Jul 12, 2023

If he is violating Florida laws or a probate court order regarding your duty as the personal representative, you can request that the court hold the sibling in contempt. It is typically an in-depth legal request, so you will likely want an attorney to represent you. Schedule a free consultation to... View More

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: my daughter and her boyfriend was scheduled to move 6/30 but they couldn’t move until07/05 because they were both out

Of town but they paid their 1st month’s rent through the residential portal and notified the leasing office that they will not be able to move until 07/05. On 07/05, my daughter went to pick up the key and she was informed that they needed to sign a new lease. The new lease is $280 more a month... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 9, 2023

I find it difficult to believe that the lease can be "cancelled" simply because they didn't move in at the beginning of the lease term. You might want to review the text of the lease for any language that might suggest that. If they refuse to put it in writing, it wouldn't... View More

1 Answer | Asked in Family Law and Landlord - Tenant for Florida on
Q: If an uncle dies . Does his children and grandchildren have a right to the key of his fathers house ?

Even though he rented to his younger sister? Is the rental agreeement still valid?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 4, 2023

If he rented the house to his sister, unless she has a lease, his personal representative can give her notice to, in a timely manner, vacate the premises. If she has a lease, she can probably continue to occupy the house until the end of that lease.

For how to have someone appointed as...
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1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: I have an Air bnb in FL. Currently there are no restrictions on rentals. Can hoa amend Ccr’s and prohibit air bnb’s?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 4, 2023

Yes, they can but whether or not it is applicable to a current owner has yet been addressed in a published opinion by appellate courts. In my opinion, they cannot be applied retroactively but it would take a judicial decision to convince some association attorneys. Condominium statutes prohibit... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Could I sue for partial recovery of rent due to not being able to use the spa and partial use of pool?

I’m renting from a rental service who contracts vendor’s to clean the pool. The pool heater and spa has never worked, there has always been a problem with the pool pipes and filter, the vendor half cleans the pool even though I pay a monthly fee, I have had to buy chemicals and equipment myself... View More

T. Augustus Claus
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answered on Jul 3, 2023

If you are renting a property and the amenities promised as part of the rental agreement, such as a functioning pool and spa, are not provided or are consistently not maintained properly, you may have grounds to seek compensation or a rent reduction.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My Jacksonville Fl tenant is under contract to buy my townhouse. Are they required to pay rent until closing?

They have extended the closing date making it 6 weeks of no rent thus far. They are currently month to month. I have a $1900 security deposit. The rent is $1400/MTh

This is Not a lease-to-own contract.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 30, 2023

Yes, of course they owe you rent until closing.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hello. My boyfriend is in a 12 month lease for a house that ends in January 31, 2024. He lost his job March 3, 2023.

Can he break the lease and not be penalized since he is not currently employed? Below I pasted the relevant part of the contract:

Termination of Lease Contract: Property Manager does not allow for the early termination of the Lease Contract unless mandated by state or federal law. If... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 14, 2023

No, he cannot breach the lease contract without consequences. In general, he will be obligated for the monthly payments until a new tenant can sign a lease and start making payments. He probably should contact the landlord (or property manager), explain that he cannot continue to make the... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What can I do about a landlord refusing us rights to electric after our roommate left town without paying rent?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 12, 2023

If the landlord had the power terminated, it may well be retaliatory contract on the part of the landlord, for which you can seek damages.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I sue my landlord for back rent?

I have been renting an single family home since August 1, 2022 (that’s when I signed the lease and moved in.) On that day I moved in I was asked to do a checklist on any damages/repairs that needed to be made and let the property manager know of those damages/ repairs so that they can be... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 10, 2023

No, you cannot sue for rent you've paid.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is a partial rent payment made via Zelle to the landlord and is automatically posted, is that knowledge of noncompliance

Tenant paid $118 rather than $850 via Zelle. The payment was automatically posted upon receipt with an email afterwards with notification of the deposit. The Tenant followed up with a statement that they felt their rent was too high and not justified and was only willing to pay $667/month and the... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 9, 2023

Tenants don't get to set the rate for rent and hopefully you have a written lease agreement. There are specific technical requirements for providing a tenant with a notice to vacate and the length of time to provide the notice depends on the lease terms. I encourage you to consult with a... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: What can I do: My original 32+pgs lease was given back, w\o my notes on it, [office woman Admits she changed]. What!

SECTION 8 HOUSING TENANT.

My housing Caseworker, *RECEIVED Only 9 out of 32+pgs without my notes & my true signature on my original lease paperwork which I gave back to the office.

-9 PAGES OF *THEIR LEASE WERE SENT TO PCHA WITH FORGED SIGNATURE. [NOT MY ORIGINAL "32+... View More

John Michael Frick
John Michael Frick
answered on Jun 1, 2023

The first and most important point I must strongly emphasize is: do not move into the premises until you have resolved any issues and disagreements pertaining to the wording of the lease agreement. The landlord is not required by law to accept your handwritten notes, and you are not required by... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my tenant subleases my property in Davenport, FL do I need a license? or do they?
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 22, 2023

As far as your tenant is concerned, probably not. As for you, to be sure check with your local government officials.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can an apartment renew your lease without Knowledge after stating that there will be no renewal/ month to month?

Then evict 2 months later?

Joseph Sternberg
Joseph Sternberg
answered on May 22, 2023

Both parties are required to sign any lease, whether it is a renewal or a first lease. However, if there is a clause about a lease renewing, you would need to review that clause in your lease.

Often a renewal clause will state who (usually the tenant) has the option to renew. In such a...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi if we get evicted can the person renting a room from us stay in the house after we are evicted
Terrence H Thorgaard
Terrence H Thorgaard
answered on May 21, 2023

No. If the landord wants, they can evict the subtenant too.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Would the condo rider overrule the contract? Due to the contract wording "For any reason" am I entitled to the deposit?

I was under contract for the sale of my condo and in the contract that is signed, it states in section 20 under the addendum and additional terms line 5 states that if buyers failed to close for any reason they would forfeit the $30,000. deposit of earnest escrow which was written by their agent.... View More

James Clifton
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James Clifton
answered on May 18, 2023

Almost every rider to a contract has the following language, "Where this Rider is in conflict

with the terms of the Agreement, the terms contained in this Rider will govern." This means that if the condo rider has a contingency that gives the buyer the option to cancel the...
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