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Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord has not paid owner rent in over 6 months a eviction notice for 24 hours was put on the property we live at.

Can they legally evict us as we are on a monthly payment basis.

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 25, 2020

Yes, they can. if you are subleasing, the primarily lessor has to be paid their rent. However a 24-hour notice is not sufficient; perhaps they served their lessee previously and the posted notice was just for your benefit.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Is my landlord responsible for lawn maintenance and repairs?

I have been in the home 8 years and have been paying $85 a month for lawn maintenance and as well have paid for many repairs as Ac and screen enclosure damaged due to past hurricane and the landlord was well aware of it and told me a few times his Repair man will be free to do repairs up to two... Read more »

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

Unless your lease requires him to provide AC, he is not required to fix your AC when it goes out. You have no right to fix things on your own without his written permission and then expect to be reimbursed. Same thing with the lawn. If the lease requires you to maintain the lawn, you have no reason... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I break a lease on my apartment due to safety and a health hazard?

I live in apartment and I am unable to use my screened porch and Closet on porch for 4 years now. The porch beam that is supporting the 2nd floor porch is rotten and collasping. Due to the rotting beam, water is leaking into storage closet and porch causing mold, smelling and odor. When I go out... Read more »

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

While I cannot advise you what to do or advise what might happen if you do break your lease I will tell you that most cities and counties in Florida have great health departments that tend to situations exactly like this. Give yours a call.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I am currently renting, can I stop the landlord from showing my home during the pandemic? he is trying to sell

my landlord contacted me stating he has someone coming today for a home inspection, got a knock on the door and it wasn't a inspection at all, it was a woman that was told to come view the home for a potential sale.

What are my rights here in Bradford County FL, can I prohibit the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 19, 2020

Not really. Take a look at your lease.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Thank you for the response.

Thank you for the response. Back taxes aren’t an issue. I was stating that there were taxes owed. I’m just trying to find out if I have a leg to stand on here. The person I initially rented from is no longer the owner and the current owner is dead with no heirs that I’m aware of.

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

1. Sorry, but no, you have no LEGAL leg to stand on. Yet.

2. On the other hand you do not have to move at the end of September; nor do you have to keep paying rent to the person who told you to leave--because they do not own the place; the real owner does.

3. So who's the...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Do I have to leave? What do I do?

5 yrs ago I rented a house from a relative. He passed away a couple of yrs ago and just a month ago his wife passed. Their son had been collecting rent. I was told at the beginning of the month that I now have to be out by the 9/28 because they don’t own the property. Turns out they didn’t own... Read more »

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

Before a sheriff's deputy throws you out you should be served with notice of an actual eviction lawsuit. And if there are back taxes unpaid, eventually someone may buy the property and evict you whether or not you are "responsible for" the taxes.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Roomate not on lease did not pay rent and now moved out and disappeared. What to do?

So my boyfriend has a best friend since middle school and we decided to pick him as a roommate, he paid rent on the first month then lost his job , my boyfriend didn't wanna kick him out because he felt bad, he decided to give time to have him find a job and pay us back , about 2 1/2 months... Read more »

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

There is nothing you can do except continue trying to contact him.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Does the following clause require landlord to give tenant non-renewal notice 60 days before expiration of lease?

"This lease agreement is not constructed to be automatically renewed at the end of the term for which drawn, however the intent to renew this agreement by the Tenant(s) will be assumed. All parties will need to sign a new agreement in order to activate a renewal term. If Tenant(s) intends to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 17, 2020

Yes, that much is clear; the third sentence quoted says it. But the rest is not quite as clear as mud.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it legal for a landlord in the state of Florida to have a eviction hearing without notifying the tenant

I was served a eviction notice in March of 2020 when the pandemic struck and in responding to the eviction within the time frame that was given I was informed that the county courts were closed until further notice I was not notified I told us sheriff's deputy arrived with a final judgment for... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 17, 2020

No, but I'd be really surprised if this happened the way you claim.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Does this lease require Landlord to give a 60-day notice to Tenant for non-renewal?

"This lease agreement is not constructed to be automatically renewed at the end of the term for which drawn, however the intent to renew this agreement by the Tenant(s) will be assumed. All parties will need to sign a new agreement in order to activate a renewal term. If Tenant(s) intends to... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 16, 2020

I don't see where the landlord has to give the tenant a 60 day notice here.

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: 3 yrs ago @ a motel paid full for month. wanted refund owner said no could only give 1 week money back. can I do anythin

He's known to have a severe drug problem the rooms were horrible I paid almost 2 thousand for the month and it was just odd he said I can't get my money back at all at firstly then said he could give me a weeks worth. It still bugs me to this- day the place is horrible and definitely not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 15, 2020

Probably not. Do you really think a guy with a severe drug problem.who runs a roach motel is going to have 2 grand laying around? You should have consulted a.lawyer 3 years ago. Even so, if you think you have a case, you should consult a lawyer, but be prepared to be charged a hefty fee upfront if... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: daughter just moved into off campus housing. there have been 2 shooting incidents in the parking lot.

Can I get out of my lease

Barry W. Kaufman
Barry W. Kaufman answered on Sep 14, 2020

Is it your lease, or is it your daughter's lease with you as personal guarantor? (Big difference.) She can always move out, but there's probably no way for you or her to avoid the legal consequences of her doing so. You might want to take the lease to a lawyer in your town for a... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Will this lease automatically renew for one year if neither tenant nor landlord gives non-renewal notice? "

I have the following in the lease:

"This lease agreement is not constructed to be automatically renewed at the end of the term for which drawn, however the intent to renew this agreement by the Tenant(s) will be assumed. All parties will need to sign a new agreement in order to... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 14, 2020

Sounds really clear to me: Unless BOTH parties sign a NEW lease the existing lease dies at the end of its term.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: In florida I am on a verbal month to month agreement. My landlord wants to all the sudden evict me because he remodels

He wants to remodel, but I am the only apartment he wants to do call remodel

Barry W. Kaufman
Barry W. Kaufman answered on Sep 14, 2020

He has to give you 15 days before the end of the month for you to vacate. if he does, that's the end of the line for you. You have to leave or face eviction. It also doesn't matter why he wants you out.

2 Answers | Asked in Real Estate Law, Elder Law and Landlord - Tenant for Florida on
Q: In my lease, I don't have a max occupancy but the landlord won't allow my elderly mother to move in. Is this legal?
Barry W. Kaufman
Barry W. Kaufman answered on Sep 10, 2020

It depends upon how many people live there and how many bedrooms there are. Also, if he requires her to be on the lease and she or you is refusing to put her on the lease, he can refuse on that basis as well.

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: How do I evict someone who isn't a tenant--they were a live in girlfriend who refuses to leave?

She never paid rent. She has only paid a cable bill a couple of times in the last few years.

Barry W. Kaufman
Barry W. Kaufman answered on Sep 10, 2020

You hire an attorney. If she had an agreement to pay rent, whether she did or not, makes a big difference and you cannot afford to screw it up, because the consequences can be a bitter pill to swallow if you are the landlord.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Who should pay? Landlord or Tenant?

The Maintenance Section of the rental lease (common form for rentals in FL) shows "LANDLORD " responsible for MAINTENANCE of most things in a list, including: A/C, Appliances, fixtures, lawn, heat, etc. and "TENANT" for other things such as Furniture, Locks and Keys, etc.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 10, 2020

The first sentence you quoted applies: "... 'LANDLORD' responsible for MAINTENANCE of most things in a list, including: A/C, ...". The exception for tenant-accepted responsibility doesn't seem to apply, even if the A/C repair is non-major (or minor, in other words).

3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: In FL can I hold (not allow access to) packages received in our office for residents who are not current on their rent?
Barbara Billiot Stage
Barbara Billiot Stage answered on Sep 9, 2020

Absolutely not. You would likely be charged with theft.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: How many days Does a landlord have to fix air conditioning?
Barry W. Kaufman
Barry W. Kaufman answered on Sep 8, 2020

If your lease doesn't require that the landlord furnish air conditioning, he is not required to fix it. Ever. And you have no right to withhold rent or to terminate your lease if he doesn't.

If your lease requires the LL to furnish air conditioning, he has a reasonable time within...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Former landlord wants to charge for 2 lights when we only broke 1. Can they do this?

While moving out, we accidentally broke the glass globe on 1 of 2 matching pendant lights in our rental. Our lease clearly lists the charge for a broken globe as $20. The landlord couldn't find the same globe to replace and now wants to charge us for the cost to replace both full light... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 6, 2020

It's reasonable to charge for replacing both lights.

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