Lawyers, Answer Questions  & Get Points Log In
Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: I'm being evicted during covid-19, and I've been paying rent. Is there any possibility of suing my landlord/sub letter?

I've been living in a trailer with my roomate/friend for almost 6 months now, but until recently his attitude/mood has changed. I have tried apologizing for my side of why he is evicting me, and i've also tried fixing the "problems" that he's had with me, but he still... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 27, 2020

You want to counter-sue him for mere mental suffering? No, you won't get anywhere with that.

3 Answers | Asked in Landlord - Tenant for Florida on
Q: We were evicted from our house yesterday 11/23/20 I had no idea this was coming.A sheriff walked up & I said can I

help you the sheriff said you have 15 minutes to get out. I said what,why.He said evicted you have 15 minutes to get your stuff.Is this legal? I live in Florida.

I have checked online at clerk.net and also contacted Manasota Legal Aid they said they couldn't find any records of eviction

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 24, 2020

You should have been served with process, including notice of a hearing. If you don't remember being served, check with the court and see the return of service. Pursuant to that, you were apparently defaulted.

View More Answers

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can i be immediately put out of a motel in Daytona Florida for non payment? My car broke down

Been here over 2 months

Barry W. Kaufman
Barry W. Kaufman answered on Nov 24, 2020

Yes.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: To BARRY KAUFMAN. RE:MY PREVIOUS QUESTION

Because I am disabled and am unable to even walk at the moment. We have been paying the increase per our agreement since July, yet they refuse to just get the lease signed. Are you in FL?

Barry W. Kaufman
Barry W. Kaufman answered on Nov 23, 2020

Yes. I advise you then to consult an attorney in your town to determine your rights.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord & I verbally agreed on the terms for our lease renewal in July,they refuse send a lease & claim holdover

We've tried since July to get them to send us a signed Lease, but they never answer. They're never available for phone calls and claim were holdover tenants now. They posted an eviction notice this month and said our CDC Declaration doesn't apply. We've called, emailed &... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 23, 2020

Now that you know that they don't want you as a tenant, why would you want to stay? I'd give them notice and move. Its going to cost you more to fight this with an attorney; although consulting a LL/tenant attorney may not be a bad idea.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can landlord in FL charge late fees during covid 19 pandemic? If not when is no late fee period?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 18, 2020

Yes, a landlord can charge late fees. Covid restrictions on the landlord do not prevent late fees; you are expected to pay your rent on time.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Does landlord has to pay utility when contract states that it's included in rent and tenant have not paid rent in FL?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 18, 2020

I would say yes. If the utility is included in the rent payment, the landlord is responsible for paying the utility company. If the tenant fails to pay rent and the landlord fails to pay the utility company thus depriving the tenant of utilities,; that could easily be construed as a self-help... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I be evicted if Management filed holdover due to lease expired and owner emailed me and said I could stay to Dec.

My lease expired in 2019 and I received a month to month lease with the expectation of purchasing the home but due to COVID everything was pushed back. Owner said I could stay until Pandemic is over. Sept. 11,2020 I received a notice to vacate October 31,2020. My lease states terminating this... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 17, 2020

1. No, you are no longer entitled to a 30 day notice because ALL the terms in your written lease expired in 2019 when your lease expired and thus are no longer effective.

2. You have nothing more that a month-to-month tenancy which can be terminated by 15 days notice.

3. Unless...
Read more »

1 Answer | Asked in Insurance Bad Faith, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: Damage done to my Apartment in Clearwater Florida.

I live in an apartment complex in Clearwater Florida, the management company just had my A/C unit replaced. However the contractors who did the work did a lot of damage to my personal property however, and since no one was home to supervise them and the management company did not have anyone... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 14, 2020

A Florida attorney could advise best, but your post remains open for three weeks. Based on your description, this looks like a difficult and messy situation. If you are able to find resolution through insurance, that might be your most economical route. Even if you retained an attorney to pursue... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights and Landlord - Tenant for Florida on
Q: I'm a bit lost as to if I need to file an eviction or unlawful detainer. The forms seem to be the same.

My situation is that I am trying to remove my brother and his girlfriend from my home. There is no lease. I am not seeking money from them. I just want them gone. I served them a certified notice to quit allowing over the 15 days to evict. That was on the 9th of October. They were suppose to be out... Read more »

Charles M.  Baron
Charles M. Baron answered on Nov 12, 2020

Read Fla. Statutes Chapters 82 and 83 (which are on-line) in their entireties. If you are still unclear on it after that, it's best to schedule a consultation.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My family residence is being sold to a new landlord and they want to tear it down. What are our rights?

Our landlord has recently sold the property where the house that my family rents is located. At first, the new landlord said he would let us stay but just last week informed us that he's changed his mind and is going to tear the house down instead. Possession of the property doesn't... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 11, 2020

The new owner takes possession subject to your lease. You should consult an attorney in your town with your lease in hand.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord is trying to force us into taking on roommates of her choosing. Can she do this?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 9, 2020

Unless there is a specific provision in your lease to the contrary, no.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord charge you a fee on a letter he received from an HOA that does not charge him anything?

The trash people weren't collecting trash for several weeks without notifying the residents in the community and therefore everyone left the trash cans at the bottom of the driveway because we figured they would get them the following day. This went on like this for several weeks the trash... Read more »

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

Look closely at the written contract made between you and your rental management company--not the HOA--to see what your agreement says about any extra service charges.

If it is a standard management agreement it will probably say they can charge you extra for any letters or notices they...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Do I pay taxes and other fees in a rental?

I am moving into a new rental home and the lease says. Rent shall be due from that date until the end of the month, plus all applicable fees and taxes. I already have my rent price, but my realtor says that means I have to pay an additional fee for taxes. The only price mentioned in the lease is... Read more »

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

Why are you consulting with a Realtor about a residential lease?

READ YOUR WRITTEN LEASE.

If the written lease you have been given is a standard ANNUAL residential lease used by most if not all landlords in Florida it will tell you EXACTLY what the monthly rent amount is....
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can landlord withholding rental history verification unless rent renewal/move out letter is signed ASAP (due in 9 days).

I am currently living in a rental home with my lease being up 12/31/2020. My landlord requested I sign a renewal/move out letter 60 days prior to my lease being up. Since 10/8 I have received 13 emails (4 today) and 5 text messages requesting this. I do like where I am currently living, however I... Read more »

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

Rather than spending several hours looking for current Florida case law to support or undercut this ingenious way to make tenants notify their landlord whether they are staying or not I will just advise you to make up your mind now instead of "stringing them along" and making them very... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my landlord refuse to fix my AC if im a renter on a verbal month to month lease? I live in Miami, FL

What am I legally bound to if I move out because he hasn't fixed it and do I have to pay my rent if he hasn't fixed it?

Barry W. Kaufman
Barry W. Kaufman answered on Oct 23, 2020

Your landlord is not required by law to furnish A/C. If you had a lease that required him to do so, then he would be. But you don't. You are required to pay your rent whether he fixes the A/C or not. Since you are on a month to month, you can give him 15 days written notice that you are... Read more »

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can a landlord present a new lease a week after signing increasing rent 300 more dollars?

Our landlord picked up rent this month and produced a lease with 1500 per month (it was 1400 prior). We asked for time to think about it and they said yes, take the time you need. Three days later we were out of town getting married and he text asking for the extra set of keys. I stated we were in... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2020

1. All agreements of any kind that deal with real estate MUST be in writing and signed by both parties.

2. Written leases expire on the date stated in the written lease.

3. Your lease expired before you left town.

4. Nothing your or your landlord said ORALLY about...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it possible for me to get put out, if my landlord has the wrong last name on my lease and the eviction notice?

My family and I was renting an apartment, and the landlord nor company would not fix nothing at all, my bathroom roof fell on my child, my floor leaks water and my kids got fungus skin infections from it, mold on my roof, walls,etc. And I and my daughter has asthma that gets triggered because of... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 22, 2020

IF you don't contest it in Court, yes. The judge doesn't know anything except what's put in front of him or her. If you have just received the 3 day notice to pay or vacate, you should leave before an eviction complaint is filed. The mere filing of the complaint is enough to damage... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Are text messages considered 30 day notice or does it need to be on paper?

Our lease will be up march 2021. We have a written lease. My landlord just text me advising we have 30 days to move out. When i told her i jus paid rent and to give me 60 days or return my rent she said "you have 30 days. Read your lease" in my lease it states and i quote "11. Upon... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 18, 2020

Yes, I suspect that a judge would find that a message by text qualifies as written notice.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my utilities account be closed without my consent?

Going through eviction proceedings and have a court date for the 21st. I get a call from FPL saying my account is being closed because they’ve been notified I’m moving out and another customer is starting an account at my address.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2020

Although you are not going to like the answer you need to hear it anyway:

1. Unfortunately, the law does not operate nearly as fast as FPL does when they smell money.

2. Absent some very good reason, FPL does not need your consent to switch their electric service from your name...
Read more »

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.