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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I signed a lease for a house in March, In late May A/C stopped working, the ducts where chewed up by rodents. As of 11-2

it is still not working, can I terminate the lease for their failure to fix as the lease states they would. I havent paid rent because they have sent eviction notices multiple times after I contacted the city and they found multiple code violations, including non working smoke detectors and many... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 25, 2019

Yes, it looks like you can terminate the lease--and it also looks like the landlord will not care.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my cousin move back into my aunt's home because she has some personal belongings there even though she's not wanted?

My cousin came to stay with me for what was supposed to be a couple weeks and now that she's there my landlord is kicking all of us out. Now she has nowhere to go and she says she is going to go back to my aunt's house and there's nothing my aunt can do because she says her belongings are there and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 25, 2019

Florida lawyers who value their license to practice law in Florida do not ever give free advice to strangers who are asking for free advice on behalf of another stranger.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Father passed away no will. Mother angry want evict me from fam home live in for 20 yrs in 3 days. How can get more time

Father & Mother gave me this house in front of the entire church while he was well. Mother delayed him signing over titles. Now he’s passed away she’s mad at the world, I’ve lived in this house for over 20 years with them until he bought her another home and they gave me the trailer. She... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 21, 2019

In order to evict you legally your mother must file the proper paperwork in the court and then allow the entire process to continue--which will take much more time than just three days. She will have to serve you personally, which then gives you a period of time for you to respond to the... Read more »

1 Answer | Asked in Animal / Dog Law and Landlord - Tenant for Florida on
Q: I live in a mobile home park can my landlord deny my pitbull emotional support dog ?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 12, 2019

If the mobile home has rules against having pit bulls than you cannot expect them to bend the rules just because you claim the pit bull is you "emotional support" dog. Why not go get a different breed of dog?

1 Answer | Asked in Estate Planning, Family Law and Landlord - Tenant for Florida on
Q: Ok so over two months ago my fiance and mother of my two children had let a few things out that eventually became known

That she had been living a double standard for almost a year so long story short we had words she packed up her things after trying to get me arrested over false accusations numerous ones at that she then went and placed a injunction against me for no contact with her or my two boy's. So cops came... Read more »

Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara answered on Nov 12, 2019

You need to speak to an attorney immediately. You need to have the injunction against you reviewed and if valid, you must do an eviction/ejectment in order to get any third parties out of your house.

Good luck.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord tenant-refuse to give a rent notice, changed payment to automated service-prior to 90 day notice

Served a 90 day notice on 10-7-19 on how to pay but it started this month 11-7-19 requiring going to amscot or walmart to pay lot rent. Office will not give a copy of the bill and to get a copy of the bill you have to go to one of those places which do not give out a an itemized bill, so you don't... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 7, 2019

Reading between the lines it appears to me that the landlord (your mobile home park) has been receiving bad checks from some tenants and so they are trying to make tenants go to Amscot or Walmart to get money orders to pay their rent. The reason why I think that is what they are doing is because of... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: can a new landlord evict you because they don't like you and falsely accuse your not paying rent and you have proof you

I have been standing in a one-bedroom for five years the old landlord sold the property to a new ownerI've been paying a certain amount of rent cuz I'm disabled now all the sudden they say without a oral or written agreement that I supposed to pay 1100 dollars for the one bedroom and I have been... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 6, 2019

In short, the answer is "yes".

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: In a Florida eviction lawsuit, can a tenant amend the answer to the complaint in a summary proceeding?

I deposited the rent to the court registry and I noticed I need to make corrections to the answer and the counterclaim. Also do i need to include all of my evidence to prove my defenses in the answer? Also how can i serve the counterclaim to the plaintiffs attorney? Thanks

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 6, 2019

You file a motion to amend your answer. In general, you don't need to include all your evidence with the amended answer. And you serve the counterclaim (or anything else you file) by mailing a copy of it to the plaintiff's attorney at the address given in the complaint. Be sure to include proof... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: How do I get my boyfriend out of my home?

We have been together almost 7 years and he has lived with me for 6 of those years. His mail comes here but he has paid no rent or any bills. He has bought necessities for the house here and there, but not often, Maybe once every 2 months. He can be verbally and mentally abusive to me at times when... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 31, 2019

The easiest way for you to get rid of your ex boyfriend is to hire a lawyer experienced in Florida's eviction process, have the lawyer send out the required notice, and then follow up with whatever legal actions may be required to evict him.

2 Answers | Asked in Collections, Landlord - Tenant and Small Claims for Florida on
Q: Can a landlord send a claim to collections without litigation first? Miami, FL

After vacating my apartment complex, my previous landlord is threatening to send claims to collections. We did not put down a security deposit. We dispute the claim they are making. They refuse to send me the bill for damages, just stating " it cost xxxx to fix." They have only contacted me through... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 30, 2019

By "collections", I think you mean using a collection agency or collection law firm to demand payment from you. Sure, that's merely using a third party to act on behalf of the landlord instead of the landlord itself/himself/herself making the demands. If that occurs, send back a written dispute... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I make my landlord wait until I move out to fully renovate inside my apartment?

My apartment complex was recently bought by a new company and the new company is fully renovating all the units. Some things they will be doing is removing all cabinets in the kitchen and putting in new ones, painting counter tops, which requires us not to use them for 48 hours and a lot of other... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 24, 2019

Unless you just like to take the contrary position and try to convince everyone else that they should follow your view, you should ask yourself why this temporary inconvenience really matters. People who follow the "positive thinking" way of going through life would be thrilled to know their entire... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a tenant on a week to week basis. How do I evict.

Tenant is hurting herself. Drug use. I have 5 grandkids that visit the home on various times. I am concerned about tenant being around them. Tenant is x daughter in law. I have told her that she has 2 weeks but refuses to leave. I have contacted the police and they will do nothing unless something... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 23, 2019

Unfortunately, you have imposed so many limitations on yourself that no one on this panel will be able to advise you want to do. Unless you can find some legal way to collect enough money to do the eviction in accordance with law--which includes help from the Sheriff if the Court enters the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: the roof of my apartment building has leaked for over 6 months do I have any legal ground to stand on?

I have sent e-mails on a regular basis for the 6 month period and the building managers refuse to do anything, I have even sent pictures of the water coming thru my ceiling to no avail, can I withhold rent until something is done to rectify the leaking roof situation?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 23, 2019

Unless your written lease allows you to withhold rent for this kind of inconvenience I will warn you not to do it. On the other hand, since you have had this same problem for 6 months, why not give notice that you are not going to renew your lease because of the leaky roof--and because you have had... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Weekly rental in Fl. Can they charge me for property beautification,maintance,things of this nature on top of my rent

Do not own,no hoa. Just weekly trailer rental.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 21, 2019

Yes, I guess they can try to do that--but unless there is some written agreement allowing the trailer park to charge RENTERS--as opposed to the people who own the plot of land the trailer sits on--the park management cannot enforce any of the extra charges. But they can make your life miserable in... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Apartment charging me rent after asking me to move out

I informed my complex I was planning to move out and submitted a sublease form since they did not give me the option to break the lease. After a week they left me a voicemail saying they found someone to sublease and asked if I can move out and submit my keys in the next couple of days so they can... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 21, 2019

You may be stuck--because unless the agreement was in writing the landlord does not have to abide by it.

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1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Q: Can a property manager collect applications fees and deny for credit reasons but didn't even rum report no inquiries fou

Because of his not processing applications I was given stipulations out of my control but in his hands. They too where denied. Now Im facing eviction

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

1. In residential rental situations where there are two or more residents on the same lease, the standard industry practice is to require every resident to undergo the same application process as everyone else does.

2. Most if not all licensed rental property managers require a nominal...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Weekly rental here in Florida. Today I am behind two weeks. Tried to pay a week and landlord is denying the money order

Say if we dont pay it all we have to move out

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Unless you have a written agreement that allows you to go two weeks without paying any weekly rent to your landlord, and also allows you to pay only one week of the late rent using money orders I am afraid that the landlord will win this dispute.

1 Answer | Asked in Civil Litigation, Civil Rights and Landlord - Tenant for Florida on
Q: Can a pm collect fees for applications and deny me. Then give me a stipulation for 2 co signers and d3ny them both.
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

Sorry for my lack of knowledge of acronyms that you must like to use--but what in the world is a "pm?"

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my leasing office or apt mngr fine me for not following there trash can policy?

We had permanent trash can on our porch (door step) they have now changed companies and say the trash cans have to be taken in to our appartment. I need to know if it's legal for them to fine for not taking g the trash can into my home or placed on the patio

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 17, 2019

This is not a legal question. Unless your written lease allows you to keep your trash can on the front porch--where all the other residents and anyone coming by have to see it--you are probably going to lose this stupid altercation.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Our landlord had our neighbor give us a 3 day notice for eviction Oct 9. His address nor phone number is not on it

Is it true that it is not an appropriate document without that information?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 15, 2019

Florida Statute 83.56 provides in pertinent part that:

"... The 3-day notice shall contain a statement in substantially the following form:

You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of leased premises,...
Read more »

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