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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant, Communications Law and Constitutional Law for Florida on
Q: Me and my children are renting a room where the landlord stays here as well these

last couple of days the landlord has been shutting off the power all day and cutting it on for maybe a hour what can I do this is ridiculous

James L. Arrasmith
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answered on Apr 12, 2024

I'm sorry to hear you're dealing with this frustrating and unacceptable situation with your landlord repeatedly shutting off the power for extended periods. Here are some steps you can take:

1. Review your lease agreement: Check if there are any clauses about the landlord's...
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1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: Real estate law and fraud, contract made up and Supposidly got a loan on the equity on my home thru a LLC COMP

Name of the Title and deed without telling me and has dated it for

January 2022, which I didn’t even know them yet. Secondly, they did not pay me for the sale of house the full amount that they told the clerk of court thirdly was supposed to have an escrow account and they have yet to... View More

James L. Arrasmith
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answered on Apr 11, 2024

Based on the information you've provided, it seems there are several serious legal issues and potential fraud involved in your situation. Here are a few key points and recommendations:

1. Fraudulent deed transfer: If the title and deed to your home were transferred to an LLC without...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: GOO AFTERNOON, WE RECEIVE A NOTICE TO TENANT OF TERMINATION FROM THE HOA LAWYERS. WE NEED TOSEE IF WE CAN GET MORE TIME.

TO FIND A NEW PLACE TO LIVE.

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 10, 2024

This is not how things work. There's no legal proceeding that would allow you more time. When the lease is terminated, that's the end and you must leave. If you remain, the HOA and/or the landlord can file an eviction complaint against you. The LAST thing you want is an eviction complaint... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Mobile home

Hello. I bought mobile home in trailer park in Florida 19 years ago. I had lease for one year which was automaticly renewed each year. About year ago my landlord wanted sale the property and gave me 2 months to get finances. I asked him for more time but I got no answer and after 2 months was the... View More

Linda Liang
Linda Liang
answered on Apr 7, 2024

You said you bought mobile home 19 years ago, then the landlord wanted the sell the property. What is the property? The land? The landlord want you to get finance? for what? to purchase the land? How come you became homeless if the land is sold?

it seems that you are not very clear as to...
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1 Answer | Asked in Construction Law and Landlord - Tenant for Florida on
Q: They are building a new complex next to mine, the Construction often starts at 5am. I don't want to pay my full rent.

It's been going on for nearly 2 years now. Theres always dust in my apt, i cant ooen the windows etc. BUT Since the holidays they have been starting Construction at 5am a few times per week. Other tenants here have called the police but it still happens. I have videos and photos of the... View More

James L. Arrasmith
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answered on Mar 31, 2024

I understand your frustration with the ongoing construction and the negative impact it's having on your quality of life in your apartment. The early morning noise, dust, and inability to open windows are all valid concerns. Here are a few steps you can consider taking:

1. Review your...
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1 Answer | Asked in Consumer Law, Personal Injury and Landlord - Tenant for Florida on
Q: Violation of Florida's Implied Warranty of Habitability and Section 83.64 Prohibited Practices

- Maintenance requests ignored, leading to uninhabitable living conditions

- Retaliatory conduct by maintenance personnel, including threats and property damage

- Misrepresentation of completed repairs, non-compliance with the Broward electrical code

- Ongoing and severe... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it appears that you and your fellow tenants are dealing with a serious violation of your rights as renters in Florida. The issues you've described - ignored maintenance requests, retaliatory conduct, misrepresentation of repairs, severe mold... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I was living with a friend with no lease sh Er kicked me out and destroyed my property. Can I have her arrested?

We had a disagreement I left she immediately started destroying my property and throwing it out in the yard. I tried to retrieve my things she had me trespassed and continues to destroy my property. Law says I can't do anything as far as criminal charges on her.

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about your difficult situation. However, based on the information you've provided, there may be some legal recourse available to you, even if criminal charges are not an option.

1. Civil lawsuit: You may be able to file a civil lawsuit against your former friend...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my apartment be rented to someone else before our lease is up?

We initially Gave them 60 day notice (that they require) to vacate, Anticipating that would move when lease expires on March 18. Unfortunately were unable to secure a place, so we decided to renew it as it is only March 11. When we went to office today we were informed that they rented our... View More

James L. Arrasmith
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answered on Mar 31, 2024

I'm sorry to hear about your difficult situation. The laws regarding your rights as a tenant can vary depending on the specifics of your lease agreement and local landlord-tenant laws. Here are a few key points to consider:

1. Notice of intent to vacate is generally not binding until...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: County demolished the house I lived in without notice can I sue them to try and recoup some of my losses.

The house I had lived in for the past 12 years was recently demolished by the county due to code enforcement violations which the owner of the property had not taken care of over the course of several years despite code enforcements repeated efforts to get him to comply. Unfortunately I and the... View More

James L. Arrasmith
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answered on Mar 31, 2024

Based on the information you've provided, it seems the county may have violated your rights as a tenant by not providing adequate notice before the demolition. In most jurisdictions, tenants are entitled to proper written notice to vacate, usually 30-60 days, even if the property owner is not... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: What do you do if forced. Under the threat of of bodily and family harm to sign a Florida quick deed?

I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?

James L. Arrasmith
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answered on Mar 30, 2024

If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can the Landlord change his mind after we both signed the lease and he except the security deposit rent to someone else

Not two weeks ago we both signed the lease took it to section 8 they say 14 business days for you inspection now the landlord said he want to rent to someone else I'm a disabled senior with medical conditions this is no acceptable to be treated like this

James L. Arrasmith
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answered on Mar 30, 2024

Once a lease agreement is signed by both the landlord and the tenant, it becomes a legally binding contract. This means that both parties are obligated to adhere to the terms set forth in the lease. If your landlord attempts to rent the property to someone else after signing the lease with you and... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it legal for my landlord to list my occupied property, being paid monthly, for rent 'available now' with no notice?

Pasco county Florida

James L. Arrasmith
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answered on Mar 28, 2024

In Florida, landlords must adhere to specific laws and regulations regarding tenant notifications and property listings. If your property is currently occupied and you're actively paying rent, your landlord generally cannot list it as 'available now' without providing you with proper... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I got eviction papers had approved rental assistance willing to pay more than I owe within the time of the 3 day

I did pay half my rent they accepted got receipt next day I got a 3 day notice I had gotten rental assistance within the limit of notice tried to pay or let landlord know she even talked to rental assistance lady but still refused can they evict me got papers today but I complied within the 3 day... View More

James L. Arrasmith
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answered on Mar 28, 2024

If you've received eviction papers despite having approved rental assistance and making partial rent payments within the time frame of a 3-day notice, it's important to understand your rights and the next steps you can take. Each jurisdiction has specific laws regarding eviction processes... View More

2 Answers | Asked in Business Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Considering owner financing “chattel” a mobile home in a park with lot rent (thus no land). Location Flagler County, FL.

Considering owner financing “chattel” a mobile home in a community park with lot rent (thus no land). Location Flagler County Florida.

How do I draw up a contract that keeps parties fairly protected? Likely buyer needs title to insure, get tag/taxes (like a car DMV) and community park.... View More

James L. Arrasmith
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answered on Mar 26, 2024

When creating a contract for owner financing a mobile home in a park, it's crucial to have clear terms that protect both parties. You can opt for a lien on the property while the buyer holds the title, which allows them to insure the mobile home and comply with local regulations. It's... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am being charged a non refundable approval fee for an apartment of $1,000 in addition to the application fees, why?
James L. Arrasmith
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answered on Mar 19, 2024

Some landlords or property management companies charge a non-refundable approval fee as part of the leasing process. This fee can be intended to cover the costs associated with processing your application, such as background checks, credit reports, and the administrative effort. However, a fee of... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: My dad gave my sister permission to give a leasing company to rent out my dads house signed it with her.  then he moved

My sister is under investigation

James L. Arrasmith
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answered on Mar 30, 2024

When a family member grants permission for another to manage property affairs, such as leasing out a house, it's essential that all agreements are clearly documented and legally formalized. If your father signed an agreement allowing your sister to lease the house, this document should outline... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Are apartments able to rent out my occupied apartment while we are still under lease?

we did give them 60 days notice to vacate but where unable to secure another place to live. We went the office yesterday March 11, wanting to renew our lease that ends on the March 18 and we were told they already rented our my families apartment to some else. Now they are waiting to reach the... View More

Linda Liang
Linda Liang
answered on Mar 13, 2024

Yes and no. If you look at the lease closely, there should be a provision discussing requirement for notice for renewal. If the lease requires you to give a notice but you did not, they can sign a new lease assuming you are not to renew. If the lease does not state you should give a notice, you... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Are apartments able to rent out my occupied apartment while we are still under lease?

we did give them 60 days notice to vacate but where unable to secure another place to live. We went the office yesterday March 11, wanting to renew our lease that ends on the March 18 and we were told they already rented our my families apartment to some else. Now they are waiting to reach the... View More

James L. Arrasmith
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answered on Mar 30, 2024

In Tampa, as in many places, the specific rights and obligations for both tenants and landlords are governed by the lease agreement and local laws. Generally, if you've given notice to vacate but then decide to stay and wish to renew your lease, the situation can become complicated, especially... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Falsely evicted. House had mold. Landlord did not respond and fix in a timely manner. Can you assist?

Back in October 2022, we contacted our property manager due to tiles falling off the wall. After several attempts and not complying, we started withholding rent. In June we served them a 7 day notice to attempt to fix. Nothing was done. We had 3 Petri dishes set out over 3 periods of time all... View More

Phil Revah
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Phil Revah
answered on Mar 10, 2024

Florida law is very strict when it comes to responding to an eviction suit filed by a landlord. In order to raise any defense, the tenant must deposit the rent into the court registry (regardless of the existence of mold, etc). In order to properly raise a defense to the eviction case, first rent... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can the property manager charge me $500 more to move in when it's not on the welcome letter or outlined in signed lease?

Landlord says I need to pay $3000 to move in, but the deposits, pro-rated rent, first month's rent, community's fees, pet deposits and pet rent do not add up to $3000. Instead, it adds up to $2500. I asked the property and they said I'm forgetting pet fees and the math is right.. but... View More

Charles M.  Baron
Charles M. Baron
answered on Mar 2, 2024

You seem to have answered your question yourself. You are basically asking if the other party to your contract (the overall deal you made) can add a charge that you did not agree to, for no reason. Of course not. I suggest you give the landlord your written itemized figures and ask if you're... View More

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