Lawyers, Answer Questions  & Get Points Log In
Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: If a lease lease was sent and signed by both the landlord and then the tenants.and one of the tenants dies ..valid?
Michael  Mayoral
Michael Mayoral answered on Oct 12, 2021

If a lease was signed between a landlord and two tenants, and one of the tenants dies, the lease would still be valid and enforceable, unless the lease says something specific about what happens if one of the tenants dies. Residential leases typically don't have such provisions.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If a lease lease was sent and signed by both the landlord and then the tenants.and one of the tenants dies ..valid?
Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 12, 2021

Yes. Unless the lease provides otherwise. The surviving tenant is responsible to make the lease payments.

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: Can you be evicted if your landlord was given the title to your mobile home 1 year ago? We left it 1 year ago

My husband and I owned a Mobile home in a trailer park a year ago. We rented the land; but owned the mobile home. After not being able to sell the mobile home. We turned the title with a letter of discontinued of our month to month lease. We had both a certified copy of the mobile home title signed... Read more »

Jane Kim
Jane Kim answered on Oct 10, 2021

Likely a formality to take possession. But you may want to contact opposing counsel to enter into a consent Judgment for possession only without money damages. You may want to retain a lawyer to ensure there is no money judgment against you.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can you be evicted 1 year after you terminated your month to month and they have possession of the trailer?

We are being evicted 1 year after we moved out. We turned the title of our mobile and keys when we terminated our month to month. They went into the mobile home the next day. We have not heard from them until today 1 year later. They want to evict us. They have the property and have gone in and out... Read more »

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

What do you mean by "being evicted"; are you suggesting that they are suing you in court for possession of the premises? That doesn't make any sense if, as you suggest, you moved out a year ago. Are you sure "they" were your landlords or agents of your landlords?

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I’m currently renting and signed a 2 year lease extension 2 months ago , now my landlord decided to sell the home.

Will the new owner have to honor my lease ? And do I have to show the home at the landlords request ?

Barry W. Kaufman
Barry W. Kaufman answered on Oct 7, 2021

Yes, but if you pay rent on a monthly basis, he can terminate your lease with notice. Basically, yes. You have to let him show the house, but he just can't barge in whenever he wants to.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I did a move in survey the landlord did one when we left, can I ask for the one from the last tenant move out?

Trying to establish a pattern and I need to know if it is legal to ask for the move out survey from the tenant there before me

Barry W. Kaufman
Barry W. Kaufman answered on Oct 7, 2021

Its neither legal or illegal. You can ask, and the LL can say yes or no. If he refuses, that's the end. You have no legal right to force him to give you the survey. You accept the premises as is.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I had a lawyer evict a tenant in Florida who did not pay

We evicted the tenant, but the suit was only for a one count eviction, the lawyer did not file for count two. We lost 11 months rent. How can I go after that rent. Ke.

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

You may not be able to do so. Talk to an attorney with your lease and the eviction case Number. You should have specified to the attorney exactly what you wanted- 11 months is a long time to suddenly realize there was no count for back rent.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Whats next in a holdover eviction?

I served a 30 day nonrenewal of my month to month tenant. I then filed eviction including lease and notice copies. Sheriff prioritizes holdover so tenant was served the next morning giving her 5 days. I don't think she's filed a response. Her 5 days were up yesterday. What do I do now? Do... Read more »

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

Its the same thing.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My tenant is threatening to expose me if I tried to evict her for late payment and non payment of rent what can I do ?
Michael  Mayoral
Michael Mayoral answered on Sep 30, 2021

Blackmail (or Extortion) is illegal in Florida. It is a second degree felony punishable by up to 15 years in prison. Florida's Blackmail statute reads as follows:

836.05 Threats; extortion.—Whoever, either verbally or by a written or printed communication, maliciously threatens to...
Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My apt was sold and I have no info on current owners. There is no leasing agent.

My current lease expires on Oct 31 and my rent is due tomorrow but I cannot pay it without the name and address of the new owners. My lease agreement says I must give 30 days notice to vacate or pay an additional months rent. which I obviously can't given the circumstances. I cannot afford to... Read more »

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

Go to your county property appraiser website and see if the new deed has been recorded. That your present landlord won't tell you to whom to send the rent is ridiculous and may be his way of cheating the new LL out of the rent. Maybe not.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi Can a HOA rule be retroactive for short term rental in florida

We own a house since beginning of 2010 and rent it for less than 30 days period since then without any problem with our neighbours. Today the HOA ask us for ceasing it as they voted a rule in 2014 so after our purchase . Do they have the right for that ?

Barry W. Kaufman
Barry W. Kaufman answered on Sep 29, 2021

Yes, in all likelihood. Read your HOA documents.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can our landlord evict us if we can’t find a new home if she is selling the home?

We’ve been living at our residence for 3 years. Our landlord is selling the house and our lease ends September 30. We’ve been trying to find a home but it’s been very hard because the rental industry right now is very low. We’ve been working endlessly to find a home to move out but we just... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 28, 2021

She is not evicting you because you can't find a home. She is evicting you because you would be staying past the end of your lease, and she has elected to not renew it. Your issue with finding a house is not her issue, its yours. She doesn't have to give you a reason to not renew your... Read more »

View More Answers

2 Answers | Asked in Landlord - Tenant for Florida on
Q: If I am renting and the owner does not fix the A/C, can I withhold the rent and move without legal ramifications.

There is a management company managing my unit and the owner is not responding to approve the repairs of the A/C unit.

They have known about the estimate for over a week and they have yet to approve the repair/parts.

I have offered to pay for the $400 repair and take it from my... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 27, 2021

Consider trying the "Two Step Tango:

Step 1. Locate a new place to move, start packing everything and get ready to relocate in very short order.

Step 2. Locate and hire a very experienced Florida lawyer to write the landlord and the management company a very short-fused...
Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a submitted application for rental assistance via Our Florida(DCFS) program stop an eviction case/be a defense?

A request for rental assistance was submitted a month or so ago. The status is still showing "Submitted" with no way to check for further details. Approval is expected per the qualification guidelines. The landlord has filed a civil action, and the process server has served the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 25, 2021

Maybe, but the statute still requires you to deposit the rent with the clerk. Failure to do that.automatically entitles the landlord to judgment. Seems like you have a bona fide Catch22.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have paid the rent for this month he told me he wasn’t paying anything could I or the landlord just Evict him
Barry W. Kaufman
Barry W. Kaufman answered on Sep 24, 2021

I have to guess what your question is. So here goes: you have a roommate. You paid the rent in full to the landlord, but your roommate was supposed to pay half. When you demanded his half, he told you that he wasn't paying anything. Now you want to know whether you or the Landlord can evict... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What is considered landlord neglect? Also where can i read more on what landlords are allowed and not allowed to do?

I am currently 23, living with my girlfriend(20), we are both working 40 hours a week, renting from my aunt and uncle, who also run a logging company, that are honorably managed landlords. They do have 6 other rentals that are not rented to other family members. They hire cheap local... Read more »

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

See chapter 83, Florida statutes. Available online. theres a lot of info on the internet

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord decided to sell the property and dropped of in the mailbox“Notice of Termination of Month to Month Tenancy”.

But according to the Residential Lease Agreement signed by both parties is says “If at any time either party desires to terminate the month-to-month tenancy, such party may do so by providing to the other party written notice of intention to terminate at least 30 days prior to the desired date of... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 23, 2021

You are grasping at legal straws.

A "Notice of Termination" of your month-to-month tenancy is no different from a "Notice of Intention to Terminate" the same tenancy.

As you said, your lease is clear: You have no more than 30 days from the date you received...
Read more »

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord won’t allow tenants to inspect property to ascertain accuracy move out report, not return deposit

Landlord is charging tenant for painting inside of house (normal wear and tear) $800

Pruning bushes that should not pruned until Fall $100

Cleaning house (garage had cob webs, two blinds in dining room dusty) this after tenant paid professional cleaning service to clean. $250... Read more »

Erik A. Perez
Erik A. Perez answered on Sep 22, 2021

Pursuant to Florida precedent, there is some legal authority which dictates a landlords may only charge for excess wear and tear. In other words, he/ she may not claim the security deposit for ordinary wear and tear like paint retouch and cleaning. In addition, the landlord has to comply with the... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: When a landlord decides to sell why you renting with no lease how many days do the renter have to vacate.
Barry W. Kaufman
Barry W. Kaufman answered on Sep 22, 2021

No lease generally means you are month to month - depends on how often you pay rent. The new owner must give you a 15 day notice on a month to month; and you must leave. You have no right to stay.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I currently have a lease until July 2022, rent includes utilities and I have no stipulation in my lease about selling

or vacating in any amount of time if the property sells, I was told if it sells rent will go up, utilities dropped or forced to vacate in 30 days. It is my third year renting and I've never had an issue or violation of any kind, what are my rights? Wouldn't the new owner have to honor my... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 21, 2021

The new owner takes possession subject to your lease. He has to honor your lease, but is under no obligation to allow you to stay after your lease expires.

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.