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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord is evicting me for some things that I did not do, she hand wrote it, the police did not deliver it to me

She did not notarize it, I'm on a fixed income my check has not came in yet it don't come in till the 3rd of every month so I have no money and now I'm homeless I'm going to lose everything in my apartment because I kind of afford to get a storage unit, is this legal can she... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 26, 2021

I have no idea what you are referring to, but eviction complaints or notices do not need to be notarized. 3 day notices do not need to be served by the police, and neither do eviction complaints. If you need legal help, there's probably a legal aid clinic in your county.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it right for a landlord to not give you a proper notice to move

My landlord gave me a notice to move on February 12th and wants me out by February 28th. The month of February was paid before the notice and if i dont move he will take 250 dollars ans keep it for march rent. If im not out by the 15th of march he will take another 250 dollars he owes me and keep... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 26, 2021

Unless you have a written lease that extends beyond February 28, your landlord is obeying Florida law.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Have college student who lived in out-sourced apts (not enough on campus dorms). In Jan/Feb 2020 was asked if planning

to stay in 2020-2021 school yr for same cost. Covid then hit. The apts had a lot of students to become ill. Student advised apts was leaving in May to avoid becoming ill since campus was shut down. Feb 2021 recd ltr from apts stating owed from Sept through present. Does student have to pay after... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 25, 2021

It depends upon the notice provisions in the original lease (rental agreement), specifically how long of a notice of non-renewal the student/tenant must give. And, of course, this is assuming that the January/February and May notices by the tenant were in writing.

2 Answers | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: Does my landlord in Florida have to let me out of lease if I have police report of domestic violence
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 25, 2021

No. Your personal problems have nothing to to do with your legal responsibility to pay your rent.

However, if you ask the landlord nicely they may let you break the lease.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my Landlord evict me for possession only, after i complain.
Barry W. Kaufman
Barry W. Kaufman answered on Feb 24, 2021

A complaint for eviction is to establish the landlord's legal right to possess the rented space. An action for eviction is not a suit for back rent. I have no idea what your real question is. Perhaps you can rephrase it, add some relevant facts, and try again.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord force me to have showings and open houses during the pandemic?

I rent a single home in Florida and the owner's realtor is having showings and I feel it's a safety risk to my health having 60 people coming to the house. I have a compromised health issue and I fear getting sick and in 1 day the realtor allowed 60 people to walk around the house. Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 8, 2021

While I can see why you are concerned, as far as I have heard or read about, none of the provisions in the federal government's PPP or stimulus legislation provides tenants any protection from this unique situation. However, since it appears that your landlord is trying hard to sell the house... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord is asking for 2019/2020 Tax transcript in order to renew lease its always been just the year before

Is this legal iv been here 8 yrs never use 2 yrs back for income this is income based

rental ..

Barry W. Kaufman
Barry W. Kaufman answered on Feb 6, 2021

There's nothing illegal about him wanting to see 2 years of income for an income based rental.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: roommate letting my dogs out the front door and closing it behind them after i told her to stop letting my dogs out

i have a very hostile roommate and we have been having a lot of issues.. from her ripping my outdoor cameras out of the walls- breaking into my room- letting my pets escape - calling the police on me and my wife with fake claims ( no charges ever pressed ) but whats really putting me over the edge... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 5, 2021

You failed to ask a question. Get another roommate.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What are my rights

I live with a ex boyfriend that’s letting me stay here till I’m able to get my own place.. But he brings up past and keeps busting in my room and won’t leave me alone and keeps telling me to leave and I’ve been here almost a month.. There’s no written agreement I told him to file a... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Feb 3, 2021

Unless he has hit you, or threatened you with physical violence, the police won't be able to do much for you. It's not a crime to yell at someone. If you want him to stop, you probably need to demonstrate to him that you are moving with lightening speed to find a place of your own.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My tenant in Florida has a one year lease. I do not want to renew his lease. How much notice must I give him?
Barry W. Kaufman
Barry W. Kaufman answered on Jan 29, 2021

Here's the text of section 83.757, Florida Statutes:

(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement, if such provision requires...
Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My landlord died and I was gave Certified letter stating they will not be renewing my lease do to his realtor selling

The property I have been living paying my rent for 8 yrs. and they want me out by Jan.31,2021 I was gave the letter back in June of 2020 but it been so hard to find a place do to the pandemic is they breaking the law somewhere cause no one haven’t came and seen the home to buy anything

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 29, 2021

The property may be tied up in probate or the personal representative of the estate may be waiting for you to vacate to fix the property up to sell, but that does not mean you cannot be evicted once the lease expires. If an eviction action is filed against you, you will have a trouble finding any... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: i just got an eviction notice i have been living here for the pass three years never late on my rent new company took ov

over than this week i a letter that i have to evatucate by feb 28 what can i do

Barry W. Kaufman
Barry W. Kaufman answered on Jan 27, 2021

I doubt you received an eviction notice. It sounds like a notice that your lease is terminated effective Feb 28. You can do one of two things - retain a lawyer and pay him or her to review your lease and the termination notice or you can start looking for a place to move and getting your affairs in... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If I defaulted due to nonpayment as a month to month tenant, can I still be evicted during this new Eviction Mortarium?
Barry W. Kaufman
Barry W. Kaufman answered on Jan 27, 2021

Maybe. In fact, probably. The requirements to meet the CDC moratorium are not easy to meet. But without knowing all the facts, it's impossible to answer. You'd have to consult with an attorney with your lease, payment history, etc., to get a definitive answer.

1 Answer | Asked in Contracts, Family Law and Landlord - Tenant for Florida on
Q: I rented from a place for 8 years, later I received a notice that I owe 550.00I'm 55yrs old & never had problems

Where I lived for 8yrs was bought. Once the new mangment company came in they started to pass out, non renewal for up coming leases to they own choising and

I was one of them. I passed the inspection part after I moved all my property out.

Weeks later I received a statement that i... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jan 26, 2021

You didn't state what the bill was for, or who sent it, and nobody can read it online. If you think you need an attorney's advice, best to make an appointment with one.

1 Answer | Asked in Civil Rights and Landlord - Tenant for Florida on
Q: Can an apartment and your lease for walking around the apartment?

I live in an older apartment so the floors are not the sturdiest. My downstairs neighbor complained about me stomping but I know that I am not stopping it’s just that the floors are very loud. I can even hear myself walk. She’s even complained about a baby walking. My apartment days they can... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 25, 2021

Though you have a few typos, I understand that your landlord says it will terminate your lease early due to the neighbor's noise complaints, but the noise is not your fault. The answer is that the landlord would not be legally in the right to terminate early, but you have the potential... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: does a landlord have to provide you with notice of a warning sent to them from the hoa?

the hoa sent a warning to the property manager/landlord about a broken blind, they did not give me the warning stating they do not have to, however when the hoa followed up for compliance they seen that it was still broken and issued a fine, which was passed to me.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2021

Don't pay the fine. It's up to your landlord to pay it. If your landlord wants to be reimbursed by you, the landlord will have to be able to demonstrate that you were given notice and that your lease requires you to pay it.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my Landlord ask me or try to force me to renew my lease before it is up
Barry W. Kaufman
Barry W. Kaufman answered on Jan 14, 2021

He can certainly ask you whether you intend to enter a new lease term. You probably have a condition in your lease in which you must notify him of your plans to renew.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Tenants failed to use ventilation in the bathroom and improper setting of dual thermostats caused molds in the property.

Hired three technicians and they all stated attic is well insulated and that hvac and ac unit are clean and functioning properly. All technicians concluded that setting the thermostat to 72 upstairs and 67 downstairs created excessive condensation that led to mold.

Per mold... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2021

Unless the property manager is also an attorney, he or she cannot represent you in court. You may, of course, be able to require them to find a Florida attorney for you and to appear in court to testify. That would depend on the terms of their contract.

Can you document that the tenants...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: can I sell my tenant occupied house in western NY? She is on a month to month

She just got out of rehab, there was a B & E at the house and damages. She has broken the lease agreement. Can I transfer title to one of my children?

Barry W. Kaufman
Barry W. Kaufman answered on Jan 11, 2021

SInce the house is located in New York, you should probably ask the question in the New York section of the forum to make certain that no New York law prohibits you transferring title. I can't imagine that there is - leases dont encumber titles.

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