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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: We made arrangements to rent a condo in Florida from April 3rd to April 12, 2020. We would like our full payment back

Michigan residents are ordered to shelter in place. Florida has closed many beaches including Indian rock beach which is where this condo is located. Florida is also asking visitors to shelter in place for two weeks upon arrival.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 30, 2020

Rather than try to find--and pay--a lawyer to help you do the impossible I strongly suggest that you voluntarily offer to delay your arrival until some future date--after the Corona Virus is history--in return for a full credit voucher for another identical vacation at the same destination. A bird... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can you get evicted from a rental during a national disaster such as the Covid 19 Pandemic?

The Condo owner raised the rent effective April 1, 2020. Just want to know my options, if any. Thank you.

Jeffrey Lampert
Jeffrey Lampert answered on Mar 29, 2020

Here is a big concern--if the landlord files for an eviction the filing will appear in the public records. So, even though the Courts are shut down for "non-essential" civil actions, and the Clerks are not currently issuing Writ of Possession, and the Sheriff's are not executing Writs p.reviously... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I rent a room everything included could not pay the rent this month he is evicted me having problems with him he

He shut the power off I had the power turned back on in my name he came in the middle of the night took the washer and dryer and left the door wide open do I have a case

Seril L Grossfeld
Seril L Grossfeld answered on Mar 27, 2020

Turning the power off alone is a constructive eviction under Florida Law. You should consult with an attorney experienced in landlord tenant matters in your area as soon as feasible.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I signed a lease from 4/12/19 - 4/12/20. I vacated on 3/31/20. I’m still paying rent for April. She wants to charge $2k?

I signed a lease agreement from 04/12/19 - 04/12/20 in Gainesville, FL. I’m a medical professional, and was recruited to work with COVID19 patients out of state. On 03/17/20 I emailed my landlord to determine April’s rent (all other months were paid in full & on time) and was told because I’m... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 27, 2020

Stop arguing with your landlord and calculate the pro-rated rent for April. Simply divide the current monthly rent by 30 days and then multiply that daily rate by 12, to get the correct amount due for the last 12 days of your rent owed. Then send that amount to the landlord and tell them in writing... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Landlord wont honor Repair and Deduct because they have warranty with a company that isnt operating due to covid19

The AC where I live gives constant problems, I told the realtor who is the middle man between me and my landlord told me that I could get it repaired but the cost would be on me so I mentioned the contract states that any repair over 100$ is to be paid by the landlord and that i had no problem on... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 25, 2020

And your question would be whether the landlord has to honor the "repair and deduct" contract clause? The landlord's warranty work is the landlord's problem. I believe the landlord will have to honor the clause. But you should have an attorney review the contract to be sure.

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2 Answers | Asked in Consumer Law, Contracts and Landlord - Tenant for Florida on
Q: Can my apartment complex refuse to accept payment by checks "due to Coronavirus"?

The lease states that payment by check is one of the accepted payments methods. The office states they are no longer accepting payment by check, citing concerns over Coronavirus. However, they are open by appointment to show you "in person" how to work the online payment system (where you must... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 23, 2020

If your lease states that you are allowed to pay by check then the landlord must accept checks. However, there is really nothing you can do except pay a lawyer a bunch of money to sue the landlord--but what are your damages? Zero.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi. I'm looking for quick advice on a landlord situation.

My landlord came into my property twice already without notice and is threatening to raise the rent because I got an electric stove top and a portable washing machine. She pays utilities and says that will raise her bill too much. Nothing was mentioned prior to moving in and now she wants me to get... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 20, 2020

Depends on your lease. If you are month to month, she can probably raise it with notice. If you are a year lease and pay monthly, then no.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: “no evictions because of the coronavirus Pandemic crisis” I was evicted today bc my motion to stay was denied by judge

Judge Carney off citrus county denied motion to stay during crisis wherein President Trumps “no eviction” was ignored then carried out by our sheriff Pendergast that eviction was to go until four pm where then we were trespassed from said property we rented almost three years without issues... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Mar 20, 2020

You are confusing what the President has authority to do on the federal level and what happens on the state level. The no evictions most likely only pertains to housing managed by the Federal Housing Authority what happens to private individual rentals on the state matter is a different story and... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: The (Florida) Final Judgement of Eviction has been issued. The tenant is in jail and heading to prison.

His sister has retrieved his stuff. Does the Writ of Possession still need to be served?

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Mar 19, 2020

While it is not strictly necessary, it would be prudent to have the Writ served by law enforcement to officially transfer possession from the tenant back to you. Then change the locks to ensure that neither the former tenant, nor his sister can return to the property.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: what action can I, as a tenant, take against my grossly incompetent and negligent landlord?

claims problem tenants are being evicted but no open case exists when searched in OC Clerk Of Courts site...

same problem tenants are involved somehow in drug dealing...multiple police visits to house. they're also sheltering several homeless people in a vacant room. landlord gives lip... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 15, 2020

If you cannot do anything to solve this non-legal problem why would you think online lawyers could solve it?

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can rental property company A sell my annual lease to Company B without my permission or knowledge.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 13, 2020

In America literally any contract can be sold--unless there is some agreement in writing or prohibition in the contract.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What are my rights if there is a new owner and I have been asked to move?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 6, 2020

You have already asked this question--and I have already answered it.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: There is a new owner to my property. I have a lease but am being asked to move. I’ve also paid rent.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 6, 2020

Unless you have a written lease that still has time to go before the term ends the new owner has the legal right to evict you. Assuming you do have a written lease, the new owner must abide by its terms. But the new owner can always ask you to leave at any time; and you can either tell them no or... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Best form of communication to discuss uninhabitable conditions due to former tenant's pot smoking? Large apt. complex.

I asked the question yesterday about my condo being uninhabitable due to residual pot order from previous tenant. This is a large apartment complex owned by a company who owns several properties, not a mom & pop shop.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 6, 2020

Yes, and I believe I advised you yesterday to try to convince the landlord to let you move to another apartment. Since you now advise that the complex is owned by a company the focus of your complaint should be directed to the lawyer that represents the company; hire a lawyer to write the letters.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: I moved into a rental last month. Maintenance told me that the previous tenant smoked a LOT of pot, & the condo reeks.

Is it the landlord's responsibility to remedy this issue? I feel as if it might be in violation of quiet enjoyment. My hair & clothes smell and I work in a professional office, and I've never smoked, don't even drink, so it's really frustrating. Also, I'm in Largo, not Orlando. I edited the city... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 5, 2020

The legal issue involved is not "quiet enjoyment." IMO, the legal issue is whether the rental unit is "habitable"--which is a question of fact. I suggest that you speak to the landlord and tell them that you are not able to continue living in this particular unit-- and tell them why--but you are... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I just moved into a 55+ community by myself and a week later my 17-year-old daughter had to move in with me now my

Landlord Is telling me I have to leave but my lease states use of premises “the premises shall be used and occupied by tenant and tenants immediate family consisting of one adult age 55+ only exclusively as a private single-family dwelling. I thought my daughter would be considered immediate... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 4, 2020

I suggest that you immediately retain a landlord tenant attorney in your area who can review your lease.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord sent a guy down to tell everyones commercial work shop rent has gone up 46% my husband is 70 i am 65 we

Have rented here over 24 years we cannot afford to stay. Come to find out we were the only ones out of 22 bays that had their rent raised there was NO written notice i am the only female business owner now retired do I have any legal rights

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 4, 2020

Regardless of how long you and your husband have rented the commercial space, unless you and your husband have a written commercial lease that provides otherwise, under Florida law the landlord has the legal right to notify you that your commercial tenancy will end at the end of the normal monthly... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Girlfriend moving in landlord wants to raise rent $60 a month plus $10 a day to store her camper in my yard

Can the landlord do this

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 2, 2020

You are caught between a rock and a hard place: Assuming there is a written lease the rule is that the landlord must obey the written terms; however, if your actions violate the terms of the lease--the landlord can evict you if you do what you are trying to do. On the other hand, if there is no... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord require me to sign a new lease to get a key to the community pool?

My lease was for 12 months and then month to month thereafter. In month 15, the HOA told my landlord that in order for me to get a new key fob to the community pool (the HOA changed the key system) that they had to have a "current" lease and my landlord required me to sign a new 12 month lease to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 28, 2020

Access to the community pool has nothing to do with this situation. Regardless of the reason you did it, if you signed a new 12 month lease with your landlord you are bound by the terms of it.

1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Florida on
Q: What’s the difference between a seven day notice and an Eviction notice
Jennifer Hanson Copus
Jennifer Hanson Copus answered on Feb 26, 2020

There are two types of seven day notices. One is with the right to cure the lease violation and one is without the right to cure the lease violation. If you have received a seven day notice WITH right to cure, this is generally due to a technical violation of the terms of the lease, other than... Read more »

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