Lawyers, Answer Questions  & Get Points Log In
Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I am trying to get out of my lease without paying a liquidated damages penalty, so I would like to hire a lawyer to

negotiate with my landlord.

My question is, does it matter if I hire a lawyer out of state?

I know a good lawyer in New Jersey, but I am living in Florida.

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 29, 2022

Your lawyer cannot practice in a state in which he is not licensed. It's probably not practicing law to negotiate a payment if no suit has been filed, but the choice must be made by the attorney.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am a renter and my management company has imposed 3,000 in fines on top of my rent without prior notice is this legal?
Barry W. Kaufman
Barry W. Kaufman
answered on Jun 27, 2022

Without reading your lease or knowing the nature of the fines, it's impossiblento answer. See an attorney with all the documents if you need a legal opinion.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I need to follow response to complaints of unlawful detainer please help me today is my last day
Linda Liang
Linda Liang
answered on Jun 22, 2022

This is not a question. To get help, you should call one of the local lawyers to help you.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Im a landlord. I need to try to evict a tenant
Barry W. Kaufman
Barry W. Kaufman
answered on Jun 21, 2022

Knowing how to evict a tenant is Landlord 101. Here's what I recommend that you do:

1. Hire an attorney to handle this tenant removal from start to finish. We can't get you up to speed in a Q&A forum.

2. Assuming the attorney you hire is someone whom you will want to...
Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Landlord - Tenant for Florida on
Q: Aunt filed unlawful detainer. and told to move I'm on ssdi. what can I do for help

3 rivers won't help says conflict of int. I bought shed from a family member that doesn't live on property and I have been paying rent since Jan 2019 w/no complaint. It has electric and water. She let a granddaughter, kids, & her boyfriend move a shed & camper here and they made a... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 19, 2022

You could try the Fla. Bar Lawyers Referral Service and ask for a Low Fee Panel attorney - see https://lrs.floridabar.org/

However, in the event that there is no law that protects you from the code enforcement authorities, there is little or nothing a lawyer can do. Schedule a consultation...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Lease isn’t being renewed and owe nothing. Two evictions on record but I’m in the house? Can’t rent. How can I remove?

Invitation Homes wouldn’t allow catch up payment on their portal. Had to get certified funds and deliver. Resulted in late payments as we had to leave work and go to bank for fund and deliver to their office. They have us month to month thru June and added $1000/month with sly stipulation... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2022

An "eviction" can mean one of several things.

1) If you are late paying rent, the landlord can give you written notice to leave the premises. Or, if you are month-to-month, the landlord can give you such a notice for no reason at all (or apparently failure to abide by the...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I fence off half of my backyard for a separate tent BnB site while I have tenants in the home?

I own a home in Saint Petersburg FL. I have tenants in the home. The property has a large back yard. I would like to fence off the back half of the yard for a tent or trailer site to rent it out on airbnb.com. Am I allowed to do this by law and what would be required of me in regards to the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 12, 2022

Probably not. But to be sure, ask the local planning department. As far as the current tenants are concerned, it would depend upon the wording of their lease, but the lease probably covers the entire lot.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi my landlord sent me a text a few weeks ago asking if I wanted to renew my lease

I said yes I would like to renew my lease my lease is up on July 1st . She sends another text saying she will not be renewing the lease and she’s selling the house . It’s super short notice considering I thought I would be staying at the house . Is there anything I can do to resolve this

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 10, 2022

Unless I miss my guess if you are a good tenant your grateful landlord might be happy to let you stay on as a month-to-month tenant, or perhaps give you a short-term lease because the landlord needs money coming in too.

Try approaching the landlord "hat-in-hand" and be polite. Do...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I and my significant other are both disabled Landlord trying to raise rent. I can't afford it

Also I have recently diagnosed with prostate cancer which spread to lymphatic system all we get is ssdi. Is he allowed to raise rent never had a lease paid in cash per his request never missed a payment in11 years

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 8, 2022

Yes, assuming you don't have a lease, your landlord can raise the rent whenever he wants to.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Tenant not getting deposit back.

Never got deposit back after around 60 days. They claimed to have sent it already. I asked about it and they said it was sent and to let them know if I don't get it and they will resend. I never got it and asked, then they claimed I owed them money. I stated FL statute 83 to them, they claimed... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 8, 2022

When a landlord fails to comply with the statute requiring either return of a security/damage deposit within 15 days or instead, a letter via certified mail within 30 days explaining why the landlord is retaining some or all of the deposit, the tenant may file suit against the landlord in small... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Terminate commercial lease

I have a commercial lease agreement for a fixed term in Florida for my startup business. There are some disputes with the landlord and incorrect information in the lease agreement. I would like to exit the property right away and seeing legal advice on the lease agreement.

Can I pay all my... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 6, 2022

The answer to your question depends on whether you have a valid, enforceable lease agreement, and if so, whether there are lease terms that dictate how the parties must attempt to resolve the types of disputes you are having, and on whether there is any issue of landlord's failure to meet... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My boyfriend receive his mail at my parents house?

My boyfriend and I have been living with my parents since November 2021 trying to get into our own place, he pays them $200 every two weeks to live here. My boyfriend receives very important mail from the VA, Is he allowed to receive his mail here? The home does not have a landlord my mom owns this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 4, 2022

Your stepfather is mistaken; there is no problem with your boyfriend getting his mail there.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: What recourse does someone have in the State of Florida to get another person removed from a lease due to abandonment?

A couple signed an annual apartment lease effective December 1, 2021. The agreement was to equally share the expense. However, the girlfriend moved out (her own decision) in March 2022, along with all of her personal belongings and household furnishings. She also terminated all utilities that were... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 3, 2022

She can't be removed from the lease without the consent of the landlord (or the landlord's manager). And it doesn't appear that, she has breached the lease, so the landlord might not be able to remove her even then. He could perhaps sue her in small claims court for her share of... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Month to month lease landlord increased rent. May of 2022

My landlord emailed me the rent increase paper to sign. He asked me to print it sign it and date it. My current rent is 700 he is increasing it to 800. Today I came home to a paper the same exact paper that he emailed me except for there’s a change where it shows I pay 700 currently and it’s... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 2, 2022

This is why no one should ever rent their residence or business space on a month-to-month basis. Unless you have a written lease your landlord can do anything they want, as long as they give you 30 days' notice.

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Can landlord force a tenant out before end of a lease because they have new tenants which want to move in 15 days early

Lease ends June 30th. Paid until end of month. Planning on using last month to move to new residence. Landlord refuses to pro-rate from June 15-30.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 1, 2022

No, you can stay there until midnight on June 30. if the landlord wants you to leave early they can offer to buy you out of the rest of the lease. But you do not have to accept. You get to decide.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I turn on the stove, but turn the wrong stove heating unit, I turned on the back where a plastic bowl was on

instead on the front where the cooking pot was. The bowl caught on fire burning the stove, the microwave (above) and blackened the cabinets, the fire alarm was not connected/didn't have battery, so it never beep. do I have a case against my landlord?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 24, 2022

It's a matter of contributory negligence. You were negligent in the way you operated the stove, as well as in leaving the flammable bowl on the stove. That may be a defense to your claim that the landlord was negligent in failing to connect the alarm. Have you filed a claim with your... Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can a property manager non-renew a lease as retaliation on a nonresidential property?

I've asked my property manager at my business location to please enforce the lease. My neighbor runs a machine that vibrates the building around my office. I've been unable to use my office for 6+ months. The lease has a specific clause that machines that vibrate the building or cause... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 23, 2022

A landlord can refuse to renew a contract for any reason as long as it is not discriminatory (based on race, sex, color, etc.). FS 83.64 is residential leases. Chapter 83, Part 1 governs non-residential leases. I would think the landlord would have agreed with you the machinery needed to be on... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: The tenant was evicted and damaged house. I didn’t return security deposit. He is suing me. What i must to do?

I bought the house with this tenant. He was harassing me from day one. Was recorded me on security camera, I offered him to leave any time, rent was low, finally he became holdover tenant and stopped to pay rent. I took him to court. He was evicted. He damaged my house. I didn’t return security... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 18, 2022

If you have a lawyer tell them to consider filing a counter-claim for the damages and a motion to dismiss the plaintiff's claims for pain and suffering for res judicata or collateral estoppel. If your lawyer does not know what res judicata and collateral estoppel mean hire another lawyer that does.

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Is the year to year lease in Florida legal if it states 120 days needed to be given for early termination?

My year to year lease states: "You must give at least 120 days written notice of termination or intent to move-out". Looking at Florida State law 83.575, it says "may not require more than 60 days’ notice before vacating the premises". Is the lease I signed in violation of the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 17, 2022

Show this to your landlord.

"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 the landlord to notify the...
Read more »

View More Answers

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Rent application fee not refunded after a misleading listing. What are my options?

I recently moved to the US on a non-immigrant work VISA. Before moving, I was evaluating apts to rent and found this agency that had an apartment (~$2000 rent) which seemed good for me.

I went through the application process on their official website. Paid around $600 in application fee +... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 13, 2022

So, they have acknowledged that they owe you the money; that is good. It is only a matter of getting the check to you. It appears to have been lost in the mail; that happens. Ask them to write you a new check and stop payment on the old one. Or consider picking it up at their office.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.