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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: Can I sue both landlord and neighbors for refusing to acknowledge domestic abuse taking place on his premises?

This morning was the third time my neighbors physical violence and fighting not only woke me in the middle of the morning, but they extend it to my doorstep throwing someone against it. I have complained to my landlord over a yr now...he does absolutely nothing but tell me "if youre not happy,... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 23, 2021

No, you have no cause of action against your landlord or against your neighbor. Take your landlord's advice and move when your lease is up.

2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for Florida on
Q: I'm a tenant at an apt bldg. They were given a 45 day notice to do an inspection. Am i obligated to pay rent ?

the company has 45 days to higher a structural designer to certify the bldg is in habitable condition, or, pull permits and do the repairs in that timespan. Am i obligated to pay rent under these conditions, knowing the bldg is poss going to be evacuated for repairs or possibly shut down?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 20, 2021

Of course you are required to pay rent.

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1 Answer | Asked in Criminal Law, Real Estate Law, Traffic Tickets and Landlord - Tenant for Florida on
Q: Can a resident of a MH park be charged with trespassing for walking through an easement that belongs to the park?

I friend of mine is being threatened with eviction for trespassing on an easement that belongs to the park and is there to allow access to another piece of land. On some maps and map apps it even shows as being a street.

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 17, 2021

You should not be soliciting legal advice for your friend, no matter how good your intentions are. That would be practicing law without a license and a felony.

Your friend needs to consult with a real estate attorney to review the plats and easements. The simple and less expensive option...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord wanted me to relocate stating repairs to bathroom. I work from home for 3 years, lived here for almost 6

Because I could'nt relocate they said I had 30 days to move.

Barry W. Kaufman
Barry W. Kaufman answered on Jul 14, 2021

Yes. If you pay rent on a monthly basis, the LL can terminate your lease with 15 days notice, unless your lease says otherwise. It doesn't matter if you work out of your home or how long you've lived there, or anything else. The LL doesn't have to give you a reason to terminate your lease.

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: I signed a tenant release form and now leasing office says I owe the month of july.

Because of harassment, Insults, emotional damage etc from my rommate I decided to leave the premises by the end of july. We both and management agreed to a form that states that I will vacate the premises no later than July 31. It also says that I relinquish my rights to the deposit by signing. My... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 14, 2021

Probably not. Your LEASE and any document you sign that modifies the lease controls, not what some clerk behind a desk tells you.

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2 Answers | Asked in Identity Theft and Landlord - Tenant for Florida on
Q: If tenant is crime victim from neighbors guest, does the criminal have to be arrested 4 constructive eviction?

I suffered the following crimes from a neighbors' guest, who has been living in the building: stalking, car burglarized, wire transfer fraud on my Citibank check, mailbox tampered, bank statements missing. Lease violation to have a guest more than 2 weeks. Guest was just released from prison... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 13, 2021

You might be able to obtain an injunction against the criminal. His crimes have nothing to do with your landlord; constructive eviction is a cause of action between a tenant and the Landlord. You have no remedy to terminate your lease; you can leave at any time, but you will suffer negative... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord sells my unit do I have to honor lease with a new landlord, that I don't know? Can I move out by closing?

I have 3 months left on my lease. My landlord is selling unit to someone I have never met and is saying I have to stay and complete the lease with this stranger. I want to move out before he closes. How can I be forced to stay in a contract with someone I never met?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 12, 2021

Your lease transfers to the new owner at closing. You don't have a say in it. If you want to terminate the lease, you'll have to work it out with the new owner. Doing so will likely cost you way more than staying in the place until the lease terminates on its own, then moving to a new place.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Im currently renting in New Port Richey Florida & it does not have a smoke alarm of any kind in my house. That ok or no?

It is a duplex and no where in my side is there any smoke detector or alarm of any kind. Plus there is a window missing. Windows aren't installed. Hole in the fireplace wall. No master lock on door that allows other tenant to use laundry room on opposite side. There is pest control issue that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 9, 2021

I assume you don't have a lease. If not, and if you are not satisfied with the premises, move somewhere else. The absence of a smoke alarm may well be a local code violation.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Lease renewal misrepresentation by new Llords, I am the Tenant
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2021

How do you expect any lawyer reading this to respond intelligently?

3 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Did my landlord violate my privacy?

So, I know I'm in the wrong too, but I need to see the best way to go about this. I have outside cats and just move where the landlord doesn't want animals, but they are outside cats. For my own reasons, I didn't mention it and just need a week or so for them to get use to their new... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 2, 2021

Sorry, but you probably violated your lease (which we cannot review here online), requested service and now are upset the landlord found out you have cats in his house. It is logical to check each AC vent when there is a complaint the AC is not working properly. A landlord in Florida has the... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My renewal lease increased by a whopping $289. Reason given: new tenants who move into the same apt pay more..

Meantime, three neighbors who have the very same apt were only given an increase of $50, $86 & $100. Something is terribly wrong here. Why is there such a discrepancy between my lease and theirs? Why doesn't the same criteria apply to them? Have resided in the same community for 2 years in... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2021

There is no Florida law that requires a landlord to rent similar apartments at the same exact rate. It sounds like the landlord is trying to equalize rates, which explains why some tenants had less of an increase than you did.

For example, since you have lived there for over two years, the...
Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can landlord refuse to extend month to month despite prior notice, timely update and our reliance on their acceptance?

We purchased a new construction home. Original closing was projected to line up with end of lease. Due to construction delays, our closing date has been delayed. We notified leasing company timely, including our intention to go month to month, projected move date and notice of potential additional... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 30, 2021

On a month to month, they can give you 15 days notice. They don't a reason to not extend you. It doesn't matter about how long you've there, what a great tenant you are, etc. etc. They want you out, probably because month to month leases are a pain to administer. Time to go. Get your... Read more »

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Does a writ for possession that was mailed by Plaintiff lawyer mean she won the hearing even if I responded?

I'm being sued for possession of property I live at with my deceased boyfriend for almost 5 years .Which overdosed May 5th.I responded and filed my answer now I was mailed Writ of possession and wonder how much longer do I have before I'm on the street?

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

However long it takes the sheriff in your county to get around to removing you. Time to gather your possessions that you want to take, and leave.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: we won a unlawful detainer and the Writ paperwork was served and the policeman came and removed them from the home

Do they have any certain time to remove their property or can I get rid of it?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 27, 2021

Usually the judge will have addressed that issue. If not, and if you have an address for them, give them a written notice that if they don't pick up their stuff in so many days that you will dispose of it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Water line clogged in apartment building and backing up into shower drain and flooding the floor.

I live in the 5th floor of a 5 story condo.

The toilet drain line was clogged far into the pipe like 30-40 feet. We called a plumber to snake the drain line. Water was back flowing into our shower drain.

Question: who pays the plumber the unit owner or the condo association... Read more »

Erik A. Perez
Erik A. Perez answered on Jun 23, 2021

This is an excellent question that I come across weekly. I've helped many clients with this issue. Since the property is in a condo association, the pipe may be what is considered a "common element" or "common area" pipe. If the plumber has determined that the pipe services... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: TROULE FOR EXCEPTING MONEY TO RENT A ROOM AND NEVER ACTUALLY LETTING THE PERSON MOVE IN,AS WELL AS DONT OWN PROPERTY?

HAD A FRIEND FIND A GOOD DEAL ONLINE FOR ROOM FOR RENT AND HE DECIDED TO MAKE A MOVE ON THIS DEAL AND ACCEPT. PEOPLE HAD HIM SEND DOWN PAYMENT BEFORE PAPERWORK COMPLETELY FINISHED AND NOW ARE DENYING MY FRIEND TO EVEN MOVE IN AT ALL.ANYTHING THAT CAN BE DONE ABOUT THIS?

Barry W. Kaufman
Barry W. Kaufman answered on Jun 23, 2021

Your friend can hire a lawyer. You stay out of it.

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2 Answers | Asked in Landlord - Tenant and Criminal Law for Florida on
Q: Can you seek compensation for a landlord entering without notice and running up your electric bill.

A.C. was off and nobody was home all day. Apartment complex maintenence worker entered in the morning without 12 hour notice (I think that's the law in florida) to unclog A.C. drain and left A.C. running for hours until I came home at night. We have stated that we don't feel comfortable... Read more »

Henry George Ferro
Henry George Ferro answered on Jun 19, 2021

You may seek damages…but you will have to prove that your landlord did what you say he did and also show the amount of damages. You are not going to be able to seek emotional injury damages without an actual impact on your person…you may also sue the landlord for a trespass.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Feb. 2020 moved into apartment complex owner “westside lakeshore LLC” covid happened. Covid paper work submitted.

Pr county website he has seen, No order/ judgement taken. I received notice of termination of month to month tenancy. On June 4th it Says rental of property has to be surrendered by 6/30/2021. This paper is not from a lawyer, court or service processor? Is this legal.

They... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 17, 2021

You are a month to month tenant, which means that the LL can terminate your lease with 15 days notice. You are not being evicted, so Covid has nothing to do with it. A landlord's notice that your tenancy is not being extended another month is not a document that comes via the court system. Its... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Paid cash to owner for room to rent and now I can't move in from her refusal. How to get refund with bo proof of trans.
Barry W. Kaufman
Barry W. Kaufman answered on Jun 17, 2021

You gave some woman cash with no proof that you paid her. You just learned a hard lesson. That money is gone.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Hi. Thank you In advance! Can I be evicted currently?

Landlord states I’m past due and owe 3200. last payment was 3000$ with stimulus money. I have three minor children, one of whom is diagnosed with a disability and receives SSD. Is the moratorium still valid on non payment due to COVID-19 hardship? I am SE EMPL, receive unemployment, have applied... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2021

No, I don't believe the moratorium is still in effect. Basically, having already given you notice, what the landlord needs to do is file a complaint with the court and schedule a hearing. At or before that hearing, you must deposit the past due rent and other charges with the court. If you... Read more »

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