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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Tenant v. Landlord. Right to Partial or Whole Security Funds?

FL Statute 83.49(2) & (5). I am the tenant. I moved out a couple of days before lease end but did not provide a new address. He hasn't provided a written notice for deposit deductions and we have passed 30 days. I believe I am entitled to the entire deposit but I am confused whether or not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 1, 2020

How do you know he didn't send you a notice if you didn't give him a new address? What do you think, that he's required to play detective?

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: On my lease I was required to provide a 60 day notice to vacate . I sent a 30 day notice. Is there anything I can do?

My lease end date is for July 5th. I sent a notice on June 5th as we were not sure if the Covid cases will continue to increase/ decrease before our move out date. I have moved out of the apartments last week. Is it possible to fight the system as I don't think I can manage 2 rent payments at... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

No lawyer can solve a problem that has not happened. So if you are still planning to move on July 5, you will need to wait to see what the landlord is going to do after you move out An option would be to stay put, and then see what happens. That will make you a 30 day tenant not encumbered by any... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am living in a condo complex and my AC and the building's AC unit (which impacts mine) were broken

My landlord fixed my room AC the best she could, but it's the building's AC unit that is making mine at less than 100% functioning. The part to fix it has been delayed 3 times and i can't live in my place because it is too hot. Is there a way to get out of my lease if my AC is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

As long as your landlord is not refusing to fix all the problems you have no grounds to break your written lease. If you want to insure your rights you can write a cordial letter to the landlord, explaining the entire situation and asking them to give you a date certain when all the A/C problems... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Eviction warning

I received a Month-to-Month lease termination on June 18 which states "No rent will be due on June 30 will be taken from deposit." Based on 83.57 the time frame to vacate would be by the end of July. I was told by the landlord that if I do not pay for July he would start the eviction... Read more »

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

The landlord has applied your deposit to the June rent you never paid. Unless the deposit was not enough you will have to pay the difference before June 30.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: How far back does a lease background check go in Florida?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 20, 2020

The answer to this question depends entirely upon who the landlord is, whether they do background checks, and if so, how far back in time they will go to search backgrounds of prospective tenants. There are many new search engines available to landlords for use in searching backgrounds... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord is selling the house, the sales person want to video inside the house live on Facebook. Do I have to agree?

I kept up with my rent very good and since it’s for sale I cooperated with the sales agent. To video my home live on Facebook let me feel stripped of all privacy,

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 18, 2020

This is not a legal question. It is a personal complaint about what really should be a non-issue.

If you have a written lease it probably requires you to allow the landlord/owner reasonable access to HIS property, for just about any reasonable reason.

And if you do not have a...
Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I am on a "Quit Claim Deed" with "joint tenancy with the right of survivorship" so do I have any say on who stays here?

I live in Florida. I am listed as the second party on the deed but like the question states I am listed as a joint tenant which is why I'm not sure. Edit: He is not my spouse, he was my mother's roommate. My mom brought me and my boyfriend here. I've since had a baby with him and she... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 12, 2020

It doesn't matter in which position your name appears. You own 100% of the property along with the other deedholder, whom I assume is your spouse. From a purely legal standpoint, you have just as much say in who stays there as your spouse.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord/landlord’s agent took off damages off a security deposit what do I do?

This conversation occurred over email. The agent contradicted herself claiming it was for cleaning and repairs, but it was normal wear and tear, which is covered under FL law. There is nothing in the lease about cleaning. We notified her of the objection within 15 days of her notice and she refuses... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 11, 2020

Unless you want to spend more than your security deposit trying to sue your former landlord you are advised to move on.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Furniture and area rug were ruined by a water leak from the apartment above mine. I am not required to have insurance

Not do I have any.

Landlord says she's not responsible for anything and will not replace.

If I take her to small claims court, do you believe I will win.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2020

No, because the leak was not caused by your landlord. Had you purchased renters insurance the insurance company would be fixing all your problems now.

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1 Answer | Asked in Civil Litigation, Civil Rights, Intellectual Property and Landlord - Tenant for Florida on
Q: Ex friend threatening to sue for harassment, emotional distress and asked court to return belongings

An old friend of mine was staying at my apartment for about half a month. She never paid rent nor got mail at my establishment. She left belongings here after willingly leaving my home. I have not heard from her in two months. She comes to my door two months later banging and screaming threatening... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

If you have any property that you know belongs to some other person the wise thing for you to do is to return the property to the owner. If you don't the owner can sue you under Florida's bailment statutes. They could also file a complaint with the local police department alleging that... Read more »

1 Answer | Asked in Insurance Bad Faith and Landlord - Tenant for Florida on
Q: apt.complex is forcing me to make fraudulent renter's insurance claim

live on 2nd floor unit in building of 30+units/vacant unit below be flooded in early March/ flooding went unnoticed by management x weeks/ apt.manager called on 6/3/20 and states that the plumber found paper towels and baby wipes that caused sewage drain to back up/ I live in building that has 30+... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 8, 2020

If you have renter's insurance you should make a claim against the policy. Then get out of the dispute and let your insurance company deal with the landlord's insurance company--and all the others too.

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: My glass top on stove cracked. Apt complex refuses to fix. Can I refuse rent? Can they evict in Florida now?

I don't have money to fix myself.

The stove won't work at all .

I need to cook for my kids.

I don't see in lease were im liable for this.

If I refuse rent can they evict me now?

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

Probably not now--but they might when the Covid-19 virus lets up. Contact a lawyer who handles landlord & tenant cases and take them a copy of your lease.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My apartment complex continues to charge me a fee for something I don't have. Can they do this?

Every month on my statement I receive a "smart home" fee. Each unit is supposed to be equipped with a smart home box that allows you to lock your door and adjust your thermostat from an app on your phone. We have not been given this equipment since move in and yet we continue to be... Read more »

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

Your only (affordable) option is to continue to request the equipment from management.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I need help with an eviction problem

Allowed friend to stay at my home last year In exchange for remodeling job for me to pay off a debt owed me. job was completed Nov 2019. no lease or rental agreement. Does not have a key to my house. Stays in bedroom with no lock. Does receive mail here. On felony probation. Now causing problems... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 3, 2020

It doesn't matter that he receives mail there, so the next time he brings that up, tell him that you don't care about his mail. You have every right to kick him out now. You basically have 2 options - hire a lawyer to file the necessary documents to kick him out or offer him money to... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: is there an exception to the current Coronavirus Florida eviction hold?

certain tenants are involved in illegal activity and have consequently brought physical danger and severe structural damage to this property. multiple police contacts. I'd heard there's an exception to the eviction hold if such conditions are present...is this true? cannot reside with... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 3, 2020

The restrictions are based on nonpayment of rent. I recommend that instead of poking around on the internet, as I assume that you are the landlord, that you need a one on one relationship with an attorney in Orlando who can help you run your landlord business. That's what renting a residential... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: We told the owner about the dishwasher and texted her about it, once we told her we leaving she Order a new one

We give her notice 30 days we will leaving

The house

for couple months didn't change the dishwasher and once we told her we leaving she order one

Can we still leaving without Sue me

I have the text messages and the receipt for the dishwasher

The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 3, 2020

The condition of the dishwasher should have nothing to do with the reason why you said you were leaving. If you have a real health problem then leave.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Does landlord Have responsibility of hiring professional to check for Mold if mold is suspected during a walkthrough

During our first walk-through for a new rental I am almost 100% that the upstairs vent could potentially have mold, the landlord keeps reiterating that it is not mold and I would like to have a professional come in and check, (HE REFUSES )he hasn’t been or seen the property for himself... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 3, 2020

No. Unless you already have signed the lease and unless the lease says the landlord must provide professionals to correct problems that you want fixed the landlord has no responsibilities.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: A mouse chewed the wires in our stove|cracked the glass top & started a fire.They say we owe them a new stove? Rent!
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 1, 2020

This incident is probably covered by the terms in the written lease you signed. If you cannot find any terms that might apply, then contact a landlord & tenant lawyer in your area.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Do i have to pay rent if i was without "Water in home" with 3 kids for 8 mths? My rent is 5400

Around July i told my landlord that I have a leak somewhere in my apartment. He told me he would send someone by. And he never did I kept telling him about it and remind him about it. If no one ever came out I will tell my rent for July August September and even October when my water went off. I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 1, 2020

This situation is much to complicated to be solved here. You should locate a lawyer experienced in Landlord & Tenant Law in the Belle Glade area.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: New Rental looks nothing like original listing, there are some Extreme damages, what can I do?

We found the property during COVID-19 so we weren’t able to see it because of the quarantine the owner lives in New York and agent is nasty, home Has extreme damages gaping holes,running toilets, There is horrid smell that engulfs the entire area Come to find out it’s the laundry machine the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 1, 2020

Don't move in; ask for your deposit back. The owner is in breach of contract.

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