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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Are apartments able to rent out my occupied apartment while we are still under lease?

we did give them 60 days notice to vacate but where unable to secure another place to live. We went the office yesterday March 11, wanting to renew our lease that ends on the March 18 and we were told they already rented our my families apartment to some else. Now they are waiting to reach the... View More

Linda Liang
Linda Liang
answered on Mar 13, 2024

Yes and no. If you look at the lease closely, there should be a provision discussing requirement for notice for renewal. If the lease requires you to give a notice but you did not, they can sign a new lease assuming you are not to renew. If the lease does not state you should give a notice, you... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Falsely evicted. House had mold. Landlord did not respond and fix in a timely manner. Can you assist?

Back in October 2022, we contacted our property manager due to tiles falling off the wall. After several attempts and not complying, we started withholding rent. In June we served them a 7 day notice to attempt to fix. Nothing was done. We had 3 Petri dishes set out over 3 periods of time all... View More

Phil Revah
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Phil Revah
answered on Mar 10, 2024

Florida law is very strict when it comes to responding to an eviction suit filed by a landlord. In order to raise any defense, the tenant must deposit the rent into the court registry (regardless of the existence of mold, etc). In order to properly raise a defense to the eviction case, first rent... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can the property manager charge me $500 more to move in when it's not on the welcome letter or outlined in signed lease?

Landlord says I need to pay $3000 to move in, but the deposits, pro-rated rent, first month's rent, community's fees, pet deposits and pet rent do not add up to $3000. Instead, it adds up to $2500. I asked the property and they said I'm forgetting pet fees and the math is right.. but... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 2, 2024

You seem to have answered your question yourself. You are basically asking if the other party to your contract (the overall deal you made) can add a charge that you did not agree to, for no reason. Of course not. I suggest you give the landlord your written itemized figures and ask if you're... View More

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2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can the property manager charge me $500 more to move in when it's not on the welcome letter or outlined in signed lease?

Landlord says I need to pay $3000 to move in, but the deposits, pro-rated rent, first month's rent, community's fees, pet deposits and pet rent do not add up to $3000. Instead, it adds up to $2500. I asked the property and they said I'm forgetting pet fees and the math is right.. but... View More

Phil Revah
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Phil Revah
answered on Mar 10, 2024

A landlord cannot charge anything that is outside the contract. Ask the landlord to point to the relevant contractual language that allows the property manager to charge an additional $500.00. If they cant, then the charge should be disputed.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I received a letter of non-renewal and would like to know why and whether I can extend the date

My landlord hired a new property management company recently. Everyone in the apartment community received letters on our doors updating us on new payment guidelines.

I am a holdover tenant. Last month, I paid the firm in person and mentioned to them that I had sent via certified mail to... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Feb 16, 2024

Your lease is expired. You are a holdover. The landlord does not have to give you a reason, although they cannot discriminate against you because of your disability. However, the fact that you are a holdover may be something that the management company does not want to deal with. Also, you have 6... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is a tenant required to pay early termination penalty fees if he was given a 7 day notice to vacate in Florida?
Barry W. Kaufman
Barry W. Kaufman
answered on Feb 16, 2024

The early termination penalty is meant to compensate the landlord for the loss of rental income on the lease, because the tenant is electing to terminate the lease early. When the landlord terminates the tenancy, the landlord is one taking action to terminate; he is electing by choice to forgo the... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My lease is up at the end of February and my landlord wants to put us on a month to month lease.

She sent us a letter stating this dated January 16 but we’re not comfortable on a month to month lease so we’re deciding to leave March 1. My current lease states if we want to leave at the end of our lease we have to give a 60 day notice. If my landlord didn’t give us adequate time to decide... View More

T. Augustus Claus
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answered on Feb 15, 2024

In Florida, if your lease requires a 60-day notice to vacate and your landlord is proposing a change to a month-to-month lease as your current lease expires, the original lease terms typically remain in effect until explicitly altered by both parties. However, if your landlord's notice of the... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can I sue my leasing company for unsafe conditions such as no fire alarm or carbon dioxide detectors?

After living in my rented single family home for over 3 years I was sitting in my kitchen speaking of fire alarms and noticed I do not have 1 single alarm in my house. Is that legal? Can I sue?

T. Augustus Claus
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answered on Feb 2, 2024

In Florida, landlords are legally required to provide a safe and habitable living environment for their tenants, which includes ensuring the presence of working smoke detectors and carbon monoxide detectors in rental properties. If you've been residing in the rented single-family home for over... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can I sue my leasing company for unsafe conditions such as no fire alarm or carbon dioxide detectors?

After living in my rented single family home for over 3 years I was sitting in my kitchen speaking of fire alarms and noticed I do not have 1 single alarm in my house. Is that legal? Can I sue?

Linda Liang
Linda Liang
answered on Feb 8, 2024

The question comes down to whether you have right to have a fire alarm installed in your apartment. Apparently you do. If they refuse after you requesting repeatedly, of courser you may ask the court for an order for them to install one.

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1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Q: I am a property owner of a 4-plex in which a rental co has long term lease for all units.

Can I trespass their maintenance worker/gardener if they are defacing my property during the course of their work. Example, spray painting on building where they want tenants to place trashcans, even after they have been told by property owner that they will be placed somewhere else.

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

Depends on what you mean by "trespass". You probably can get away with peaceably confronting the worker and notifying them that you are the owner and that they are not to deface your property. Follow it up with a mailed notice to the lessee, perhaps from your attorney.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Property Management Lawyer wants my husband to sign a contract which he doesn't want to

My husband was behind in paying the property management the monthly fees they finished sending his case to a lawyer, he had to sign a contract whih he nevr did because he didn't agre on some things.

Finally he paid al that he owed but they haven't cleared his name they say he... View More

James L. Arrasmith
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answered on Jan 21, 2024

In this situation, it's important to request a detailed statement from the property management company or their lawyer, outlining exactly what is owed. This statement should include any outstanding fees, legal costs, or other charges. Having a clear breakdown will help in understanding the... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: in Florida do both husband and wife need to own a mobile home to have privileges as owners on leased land?

The husband and wife buyers were both approve by the park. The couple chose to put the mobile home in the wifes name. They have not signed the lease yet.

James L. Arrasmith
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answered on Jan 21, 2024

According to Florida law, it is not strictly necessary for both spouses to be named on the title to a mobile home or be co-signers of a land lease in order to have rights and privileges associated with the property. Some key points:

• Florida recognizes rights of a spouse with regards to...
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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: One year term - monthly home lease in Florida without exit clause. Can it be broken without paying for the full year?

Elderly couple on fixed income selling their home in Florida with an August 21, 2023 closing date. They were required to be out of the home prior to the closing date. On July 13th they leased a residence based on a one year term, monthly payment lease and moved in. The lease had no "early exit... View More

Timothy C Martin
Timothy C Martin
answered on Jan 19, 2024

A signed lease is a legal contract between the parties. In this situation, the elderly couple signed a one-year lease, so the landlord can hold them responsible for it. If the lease allows, the unit could be sub-let to another renter, but the couple will be responsible for rent until that happens.... View More

2 Answers | Asked in Animal / Dog Law, Personal Injury and Landlord - Tenant for Florida on
Q: Can my husband be fired from his job if we sue his employer for a dog attack on her property?

I was attacked by a pitbull in the mobile home park I live in and my husband works for. If we attempt to make a claim, can his employer fire him? Can we be evicted? I've already been threatened by the landlord/employer. Due to the park managers negligence and lying claiming the dog was a... View More

Roberto M. Vazquez
Roberto M. Vazquez
answered on Jan 9, 2024

I handle landlord/tenant and dog bite claims statewide.

As for the landlord/tenant aspect of your question, your lease should protect you. If you have a one-year lease and are in compliance with all of its terms, then the landlord has no justification in trying to evict you. Florida Statue...
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2 Answers | Asked in Animal / Dog Law, Personal Injury and Landlord - Tenant for Florida on
Q: Can my husband be fired from his job if we sue his employer for a dog attack on her property?

I was attacked by a pitbull in the mobile home park I live in and my husband works for. If we attempt to make a claim, can his employer fire him? Can we be evicted? I've already been threatened by the landlord/employer. Due to the park managers negligence and lying claiming the dog was a... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 9, 2024

Anyone can sue for anything but they won’t win in your fact pattern. A person fired from a job can sue based on a theory of “retaliatory discharge”. Additionally, a tenant can defend against an eviction based upon the defense of “retaliatory eviction.”

If you want to be sure that...
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1 Answer | Asked in Civil Rights, Constitutional Law and Landlord - Tenant for Florida on
Q: Wat to do when tenets an manager violate my privacy an I was writin up for wat i reported to management an tha others go
James L. Arrasmith
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answered on Jan 8, 2024

If your privacy has been violated by tenants and a manager, and you've been reprimanded for reporting this issue, it's important to understand your rights and the appropriate steps to take. Firstly, review your lease or rental agreement to understand the privacy terms and conditions... View More

2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for Florida on
Q: Can u landlord evict u for suing them over a dog attack they r liable for. Is there anything legally I can do to avoid

I was attacked by a pitbull in the mobile home park I live in and my husband works for. The landlord is liable and she has already threatened me. I want to sue for the lifelong injuries I've sustained and the horrendous pain I'm constantly in. I don't want to be evicted for something... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jan 8, 2024

No, your landlord cannot threaten you with eviction because you have the right to sue him for your damages. If he did start an eviction case, you could defend with the “retaliatory eviction defense” under Florida law. You should retain counsel here in Central Florida for contingency fee... View More

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2 Answers | Asked in Animal / Dog Law, Landlord - Tenant and Personal Injury for Florida on
Q: Can u landlord evict u for suing them over a dog attack they r liable for. Is there anything legally I can do to avoid

I was attacked by a pitbull in the mobile home park I live in and my husband works for. The landlord is liable and she has already threatened me. I want to sue for the lifelong injuries I've sustained and the horrendous pain I'm constantly in. I don't want to be evicted for something... View More

Gregory C. Maaswinkel
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Gregory C. Maaswinkel
answered on Jan 9, 2024

Short answer is No. The relationship between you and your landlord are governed by both Florida Law and the terms of your lease. You may also have a claim against the landlord and the owner of the dog (if it is someone other than the landlord) that attacked you for medical expenses, lost wages,... View More

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1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: Is my lease still valid if I signed 8/2023 come to find the company’s LLC dissolved in 9/2022?

I am having to move and they are saying I have to pay remainder or rent for 6months including my deposit, have heard shady stuff about the company so I did a quick search and found this out. I’m in Orlando, Florida

Jane Kim
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answered on Jan 7, 2024

It depends how the lease was signed. Also, the LLC may not be the right party to the lease but the terms may inure to an individual. You need to read the lease to understand more. Basically, they shouldn't be creating new terms, and you shouldn't be unjustly enriched because the LLC... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I was renting a room in my friends , he passed away 2weeks ago. His cousin wants keys to the house and for me move out

Where do i stand

James L. Arrasmith
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answered on Dec 17, 2023

In your situation, the key factor to consider is the terms of your rental agreement with your friend. If you had a formal lease, its terms typically continue to apply, even after the passing of the landlord. This means you have the same rights and obligations as before, until the lease expires.... View More

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