If a lease was signed between a landlord and two tenants, and one of the tenants dies, the lease would still be valid and enforceable, unless the lease says something specific about what happens if one of the tenants dies. Residential leases typically don't have such provisions.
Yes. Unless the lease provides otherwise. The surviving tenant is responsible to make the lease payments.
My husband and I owned a Mobile home in a trailer park a year ago. We rented the land; but owned the mobile home. After not being able to sell the mobile home. We turned the title with a letter of discontinued of our month to month lease. We had both a certified copy of the mobile home title signed... Read more »
Likely a formality to take possession. But you may want to contact opposing counsel to enter into a consent Judgment for possession only without money damages. You may want to retain a lawyer to ensure there is no money judgment against you.
We are being evicted 1 year after we moved out. We turned the title of our mobile and keys when we terminated our month to month. They went into the mobile home the next day. We have not heard from them until today 1 year later. They want to evict us. They have the property and have gone in and out... Read more »
What do you mean by "being evicted"; are you suggesting that they are suing you in court for possession of the premises? That doesn't make any sense if, as you suggest, you moved out a year ago. Are you sure "they" were your landlords or agents of your landlords?
Will the new owner have to honor my lease ? And do I have to show the home at the landlords request ?
Yes, but if you pay rent on a monthly basis, he can terminate your lease with notice. Basically, yes. You have to let him show the house, but he just can't barge in whenever he wants to.
Trying to establish a pattern and I need to know if it is legal to ask for the move out survey from the tenant there before me
Its neither legal or illegal. You can ask, and the LL can say yes or no. If he refuses, that's the end. You have no legal right to force him to give you the survey. You accept the premises as is.
We evicted the tenant, but the suit was only for a one count eviction, the lawyer did not file for count two. We lost 11 months rent. How can I go after that rent. Ke.
You may not be able to do so. Talk to an attorney with your lease and the eviction case Number. You should have specified to the attorney exactly what you wanted- 11 months is a long time to suddenly realize there was no count for back rent.
I served a 30 day nonrenewal of my month to month tenant. I then filed eviction including lease and notice copies. Sheriff prioritizes holdover so tenant was served the next morning giving her 5 days. I don't think she's filed a response. Her 5 days were up yesterday. What do I do now? Do... Read more »
Its the same thing.
Blackmail (or Extortion) is illegal in Florida. It is a second degree felony punishable by up to 15 years in prison. Florida's Blackmail statute reads as follows:
836.05 Threats; extortion.—Whoever, either verbally or by a written or printed communication, maliciously threatens to... Read more »
My current lease expires on Oct 31 and my rent is due tomorrow but I cannot pay it without the name and address of the new owners. My lease agreement says I must give 30 days notice to vacate or pay an additional months rent. which I obviously can't given the circumstances. I cannot afford to... Read more »
Go to your county property appraiser website and see if the new deed has been recorded. That your present landlord won't tell you to whom to send the rent is ridiculous and may be his way of cheating the new LL out of the rent. Maybe not.
We own a house since beginning of 2010 and rent it for less than 30 days period since then without any problem with our neighbours. Today the HOA ask us for ceasing it as they voted a rule in 2014 so after our purchase . Do they have the right for that ?
Yes, in all likelihood. Read your HOA documents.
We’ve been living at our residence for 3 years. Our landlord is selling the house and our lease ends September 30. We’ve been trying to find a home but it’s been very hard because the rental industry right now is very low. We’ve been working endlessly to find a home to move out but we just... Read more »
She is not evicting you because you can't find a home. She is evicting you because you would be staying past the end of your lease, and she has elected to not renew it. Your issue with finding a house is not her issue, its yours. She doesn't have to give you a reason to not renew your... Read more »
There is a management company managing my unit and the owner is not responding to approve the repairs of the A/C unit.
They have known about the estimate for over a week and they have yet to approve the repair/parts.
I have offered to pay for the $400 repair and take it from my... Read more »
Consider trying the "Two Step Tango:
Step 1. Locate a new place to move, start packing everything and get ready to relocate in very short order.
Step 2. Locate and hire a very experienced Florida lawyer to write the landlord and the management company a very short-fused... Read more »
A request for rental assistance was submitted a month or so ago. The status is still showing "Submitted" with no way to check for further details. Approval is expected per the qualification guidelines. The landlord has filed a civil action, and the process server has served the... Read more »
Maybe, but the statute still requires you to deposit the rent with the clerk. Failure to do that.automatically entitles the landlord to judgment. Seems like you have a bona fide Catch22.
I have to guess what your question is. So here goes: you have a roommate. You paid the rent in full to the landlord, but your roommate was supposed to pay half. When you demanded his half, he told you that he wasn't paying anything. Now you want to know whether you or the Landlord can evict... Read more »
I am currently 23, living with my girlfriend(20), we are both working 40 hours a week, renting from my aunt and uncle, who also run a logging company, that are honorably managed landlords. They do have 6 other rentals that are not rented to other family members. They hire cheap local... Read more »
See chapter 83, Florida statutes. Available online. theres a lot of info on the internet
But according to the Residential Lease Agreement signed by both parties is says “If at any time either party desires to terminate the month-to-month tenancy, such party may do so by providing to the other party written notice of intention to terminate at least 30 days prior to the desired date of... Read more »
You are grasping at legal straws.
A "Notice of Termination" of your month-to-month tenancy is no different from a "Notice of Intention to Terminate" the same tenancy.
As you said, your lease is clear: You have no more than 30 days from the date you received... Read more »
Landlord is charging tenant for painting inside of house (normal wear and tear) $800
Pruning bushes that should not pruned until Fall $100
Cleaning house (garage had cob webs, two blinds in dining room dusty) this after tenant paid professional cleaning service to clean. $250... Read more »
Pursuant to Florida precedent, there is some legal authority which dictates a landlords may only charge for excess wear and tear. In other words, he/ she may not claim the security deposit for ordinary wear and tear like paint retouch and cleaning. In addition, the landlord has to comply with the... Read more »
No lease generally means you are month to month - depends on how often you pay rent. The new owner must give you a 15 day notice on a month to month; and you must leave. You have no right to stay.
or vacating in any amount of time if the property sells, I was told if it sells rent will go up, utilities dropped or forced to vacate in 30 days. It is my third year renting and I've never had an issue or violation of any kind, what are my rights? Wouldn't the new owner have to honor my... Read more »
The new owner takes possession subject to your lease. He has to honor your lease, but is under no obligation to allow you to stay after your lease expires.
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