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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I would like to know if the hotel I stay at can keep making me switch rooms, I was in the one building where there is

Mold n Roaches and bad plumbing, I pay 674 a week for the room, they move me to a different room because of the plumbing back up, now they want me to move back to that room where the mold n roaches are. I don’t want to move, I was told I had to move back to the room I was in, I had no choice.... Read more »

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

Sure. You can move to a different hotel.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: do I have any options ? I have no lease or any rental agreement. current on rent.

The roof in my bedroom fell on me 3 weeks after I moved into the property. Landlord is refusing to make any attempts to repair it. I've rented this property for almost 1 year and have had a damaged roof for 11 months. I called code enforcement November 2020 and during their inspection they... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jan 22, 2022

If you were injured when the roof caved in, then retain counsel here in Florida on contingency fee which means you don’t pay anything unless you win. I have had success with cases like this.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord evict us through a text message, and schedule a showing of the house while we are still paying rent

The landlord is trying to evict us even though we are current and up to date on rent. They are only texting eviction notice and today they text me saying they have scheduled a showing for tomorrow at 9am , even though we are still paying rent every month and are currently living in the home. The... Read more »

Linda Liang
Linda Liang answered on Jan 21, 2022

Landlord must send notice to you and provide proof to the court. Text message is not a proper notice under Section 83.56(3), Florida Statutes. You are not required to accommodate the showing because you are legal possessor of the premise.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My question is about tenant rights in florida for a rental that has four tenants.

Im curious if I rent a house with three other people and one of the people invites a person onto the property that isnt wanted on the property by the other tenants am I rightfully allowed to tell said person to vacate the property?

Barry W. Kaufman
Barry W. Kaufman answered on Jan 6, 2022

When you rent an apartment or house with others, all of you lease 100% of the premises. Your housemate has every right to invite someone to the property; you have every right to not allow it. Its a housemate issue. Now, if this person causes a problem such that his or her continuing presence is the... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Now my question .. at this point .. in Florida .. do they have a timeframe to legally stretch out returning my deposit ?

PLEASE START HERE… Hello it’s hard to ask a question without providing background information … I’m in St Pete Fl and I moved out of my apt and about a mth and half later … I finally hear from my apts management company with a Itemized list how they were gonna keep my deposit — I... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 5, 2022

No, they can't.

And Florida Statute 83.49 (3) (c) provides that

"If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus...
Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord has gotten permits to remodel the home that I’m renting with me and my children living here is that legal

There was a water leak but the water leak has been fixed so there’s no need for the landlord to tear out the walls inconveniencing my family trying to replace plumbing whit me and my children living here

Linda Liang
Linda Liang answered on Dec 29, 2021

Landlord has a duty to provide habitable premise and to provide quiet use and enjoyment. Everything they do should be reasonable. If the inconvenience is for one day or two, I do not think you have a claim against that. Or if the inconvenience is minor, you do not have a valid claim neither. You... Read more »

1 Answer | Asked in Personal Injury, Real Estate Law and Landlord - Tenant for Florida on
Q: Can I sue my apartment for not fixing the elevator I am disabled and have fallen, hurt myself having to walk the stairs?

Elevator has been out of order periodically my whole tenancy here, but recently it has been out of order for 90 days maybe more. I have fallen and hurt myself multiple times and almost fall down a flight of stairs everytime I have somewhere to be,

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

Maybe. You should contact a personal injury attorney in your area.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a verbal agreement with landlord he is harassing me to leave bad

He has changed locks made me live in yard in tent keeps taking my cords for power calles me names argues with me

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 28, 2021

What is your question?

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Does my girlfriend have to fill out application and pay fee to my apartment if she's already been living w me?

I can pay apartment myself and the lease has no mention of guests or occupants ....I've been living here for 2 years and she's been w me for like a yr n half

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

As long as your landlord owns the house or apartment you reside in they get to control who gets to live there--not you.

The issue is NOT whether you can afford the rent yourself; nor does it matter how long your girlfriend has been there. The issue is a legal issue that can only be solved...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Does my girlfriend have to fill out application and pay fee to my apartment if she's already been living w me?

I can pay apartment myself and the lease has no mention of guests or occupants ....I've been living here for 2 years and she's been w me for like a yr n half

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

The Landlord has every right to know who is living in the apartments, and has decided that since she lives there, that she needs to be legally responsible, along with you, for the rent. If you elect to not comply, the LL may decide to evict you both; the mere filing of an eviction complaint can... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord wants to sell their property, am I obligated to show it to potential buyers while I am living there?
Barry W. Kaufman
Barry W. Kaufman answered on Dec 16, 2021

Yes, within reason. You don't have to give the LL carte blanche to bring people over anytime, but at the same time you probably cannot refuse every and all requests. Read your lease, there may be some reference to this situation.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my landlord suddenly give me a 3 day eviction notice because I owe late fees? Rent is paid. Late fees are months old

I complained about a parking problem, then she posted the 3 day notice. Rent is current ..late fees are from two months Sept and October

Barry W. Kaufman
Barry W. Kaufman answered on Dec 16, 2021

Read your lease. Generally, usually, normally, late fees are considered rent and due along with the next rent payment. Let's say your October rent was $500. You paid late and were assessed a $50 late fee. Your November rent due is $550, not $500.

Now you need to come up with...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: On sec 83.49 regarding security deposit I have tenants that left house neat had body fluid on walls like snot

Cleaners will not clean due to Covid but I can’t find anything that would relate to this and Covid

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 10, 2021

And you're not likely to find anything in Florida Statute 83.49, or in Chapter 83 generally, relating to the Corona Virus. What exactly do you want to know?

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord require you to have your Renters Insurance through a specific company?See More Information below

Date: November 26, 2021 at 3:24:06 PM EST

To:

Subject: IMPORTANT Information about your Lease! URGENT DOCUMENT NEEDED.

Dear Residents of Della Vita Apartments,

As of today 11/26/2021, corporate has updated the Renter's Insurance Requirements, and the only... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 7, 2021

Although I have never seen this egregious over-reach before, I can't say I am surprised to see it happening now; why? Because it is just another prime example of human greed for money dominating everything else in the United States.

As as to whether your landlord or the owner of the...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can the park legally charge us for an additional occupant? Do we have legal recourse on the money already paid?

My wife and I are elderly, and we live in a mobile home park. We own the home, but the landlord owns the land. We pay monthly rent. When we first moved to our current residence our son lived with us. He moved out in the 80's, but in Dec 2011, he came back home to live with us. Park management... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 3, 2021

Florida Statute 723.035 Rules and regulations.— provides that:

"(1) A copy of all rules and regulations shall be posted in the recreation hall, if any, or in some other conspicuous place in the park.

...".

If they have not posted rules and regulations...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Renting condo. Property in foreclosure. Owner filing bankruptcy. Do I still pay rent to him? 4 months on lease left.
Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 1, 2021

Yes, you still make the lease payments to the owner.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Renting condo. Property in foreclosure. Owner filing bankruptcy. Do I still pay rent? Worried about security deposit.

Owner has not told me. Looked on clerk of court records. Foreclosure started in sept. I have 4 months left in lease. What are my rights? Do I still pay him rent? Worried about getting my security deposit back as well. There has been no communication with him regarding this.

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

Nothing you have said here changes the law controlling leased residential property. You still owe rent to the owner, and should not skip any payments during the next 4 months.

Unless the owner--or some new owner--offers you a new written lease when your lease expires you will become a...
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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: If my current lease ends on Nov 30 & my boyfriend's name wont be on the new lease Dec 1. He has to be out by 11/30?

All utilities are in my name and I pay all the bills.

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

The only issue is whose name is on the Lease. Generally, landlords want the name of every adult residing in the rented space to be on the lease (meaning that all the adults are equally responsible to the landlord for the full amount of the monthly rent). If you executed a new lease and you are the... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I be evicted if I payed my rent on time, but the complex gave me a letter saying I didn't?

I payed my rent on the first. The money was taken out of my account and I received a letter saying I didn't pay. I've called them and emailed them and nothing. It's been a week and about 2 days ago I received a reply saying they are looking into it.

Michael  Mayoral
Michael Mayoral answered on Nov 18, 2021

Generally speaking, your landlord should not be able to legally evict you for non-payment of rent if you indeed paid rent on time. Maintain your records and contact a local landlord-tenant attorney if the situation escalates.

1 Answer | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Florida on
Q: Does a successor agent of a durable POA have the right to file a unlawful detainer summons original agent is still actin

My aunt is trying to have me evicted from my grandmother's property against her wishes. She forged her name as the plaintiff on the summons but filled out the details in her own name. That's what I wrote in my answer. However we had a hearing where my aunt gave the judge a paper I did not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 18, 2021

Stop playing lawyer and hire one.

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