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COVID-19 Florida Landlord - Tenant Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Our landlord just told us he will not renew due to wanting to sell we can find another rental due to the high demand

People are moving here so when we apply for homes there’s already several apps on one home can we qualify under cdc extension

Barry W. Kaufman
Barry W. Kaufman answered on Aug 17, 2021

No. Your landlord is never required to renew your lease, and doesn't need a reason to not renew. Consequently, your tenancy will end at the end of the lease, and you must leave. A non-renewal is not an eviction, so Covid rules are completely irrelevant.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: So, from what I've read, the tenant has no legal right to contest an 'eviction' notice regardless of nature.

I currently rent through an LLC, have been in this home for 10+ years. Spoke with the property manager who claims I was not on a yearly lease and that my month to month was no longer going to be honored. Please bear in mind I did know I was on a month to month. I am not behind on rent even through... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Aug 14, 2021

A landlord can terminate a month-to month tenancy with 15 days notice (the notice must be a valid written notice delivered according to the requirements of the Lease or statute). Termination of a tenancy is not an eviction, so none of the COVID rules, regulations or pronouncements from on high have... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Feb. 2020 moved into apartment complex owner “westside lakeshore LLC” covid happened. Covid paper work submitted.

Pr county website he has seen, No order/ judgement taken. I received notice of termination of month to month tenancy. On June 4th it Says rental of property has to be surrendered by 6/30/2021. This paper is not from a lawyer, court or service processor? Is this legal.

They... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 17, 2021

You are a month to month tenant, which means that the LL can terminate your lease with 15 days notice. You are not being evicted, so Covid has nothing to do with it. A landlord's notice that your tenancy is not being extended another month is not a document that comes via the court system. Its... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Hi. Thank you In advance! Can I be evicted currently?

Landlord states I’m past due and owe 3200. last payment was 3000$ with stimulus money. I have three minor children, one of whom is diagnosed with a disability and receives SSD. Is the moratorium still valid on non payment due to COVID-19 hardship? I am SE EMPL, receive unemployment, have applied... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2021

No, I don't believe the moratorium is still in effect. Basically, having already given you notice, what the landlord needs to do is file a complaint with the court and schedule a hearing. At or before that hearing, you must deposit the past due rent and other charges with the court. If you... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Do I have any case against my roommate or leasing company?

I moved into a nice, upscale apartment in Florida a few months back. I came home one day and my roommate had emptied his storage unit into the living room. It was so absurd you couldn't even walk through all the stuff. I told him this was unacceptable to which he replied, "They cant evict... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2021

It is not clear what you want to sue them for; your roommate has too much furniture and he installed cameras which you took down already. I don't see how the furniture or the camera would be grounds for a lawsuit, but if the leasing company "offered to let [you] out of the lease if [you]... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord verbally tell me is selling the house I am renting? Can he schedule showings during pandemic?

My lease expires in June 30. He told me is selling but he did not give me a writing note. He is scheduling shows but I am very concern because I am 65 years old.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 3, 2021

Yes, your landlord can show the house assuming he gives you reasonable notice. Obviously you can require the visitors to observe measures (wearing of masks, etc.) to protect you from infection.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord sold the property. Does he have the right to make me move out during the pandemic if it leaves me homeless.
Barry W. Kaufman
Barry W. Kaufman answered on Mar 31, 2021

If you have a lease with the old landlord, the new owner must honor your lease. When your lease expires, you must leave unless the new owner and you enter into a new lease. The owner is not obligated in any way to let you stay 1 minute after your lease expires. It's up to you to find a new... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: i rent in a group home in deerfield Beach with no lease. I have been there for 15yrs. owner sold the house "as is "

How long do i have legally with the pandemic still among us before i need to vacate? can she make us or force us to move out?thank you

Barry W. Kaufman
Barry W. Kaufman answered on Mar 2, 2021

Probably until the end of March, but the new owner must give you notice. Assuming notice is furnished according to the statute, the answer is yes - you can be forced out, Covid or no covid. It doesn't matter if you've been there 15 years or 15 days. Selling the house "as is" has... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Have college student who lived in out-sourced apts (not enough on campus dorms). In Jan/Feb 2020 was asked if planning

to stay in 2020-2021 school yr for same cost. Covid then hit. The apts had a lot of students to become ill. Student advised apts was leaving in May to avoid becoming ill since campus was shut down. Feb 2021 recd ltr from apts stating owed from Sept through present. Does student have to pay after... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 25, 2021

It depends upon the notice provisions in the original lease (rental agreement), specifically how long of a notice of non-renewal the student/tenant must give. And, of course, this is assuming that the January/February and May notices by the tenant were in writing.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord force me to have showings and open houses during the pandemic?

I rent a single home in Florida and the owner's realtor is having showings and I feel it's a safety risk to my health having 60 people coming to the house. I have a compromised health issue and I fear getting sick and in 1 day the realtor allowed 60 people to walk around the house. Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 8, 2021

While I can see why you are concerned, as far as I have heard or read about, none of the provisions in the federal government's PPP or stimulus legislation provides tenants any protection from this unique situation. However, since it appears that your landlord is trying hard to sell the house... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My landlord died and I was gave Certified letter stating they will not be renewing my lease do to his realtor selling

The property I have been living paying my rent for 8 yrs. and they want me out by Jan.31,2021 I was gave the letter back in June of 2020 but it been so hard to find a place do to the pandemic is they breaking the law somewhere cause no one haven’t came and seen the home to buy anything

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 29, 2021

The property may be tied up in probate or the personal representative of the estate may be waiting for you to vacate to fix the property up to sell, but that does not mean you cannot be evicted once the lease expires. If an eviction action is filed against you, you will have a trouble finding any... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord/tenant question

I am a landlord on a month to month lease agreement with a tenant that states she or I have to give 30 days notice to terminate the lease. She recently painted my home without my approval. I expressed my dismay to her, and told her she should have received my permission, first. She promptly cursed... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jan 3, 2021

Yes, but you must give her proper notice. You should probably consult with a lawyer to make certain things are done correctly. Screw this up, and you could be looking at paying her attorney's fees as well as not being able to get rid of her. If you are in the business of renting property,... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Our landlord told us on Christmas eve that our rent would increase the next month by 100 dollars he told us verbally

We did not recieve anything in writing he told me that i didnt get the memo..is that legal with the pandemic going on mind you i have never missed a payment and have not signed a new lease in 2 yrs

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Dec 30, 2020

Unless you have a current written lease your landlord can increase the rent at any time. They may no be able to evict you because of the Covid-19 situation; however, Covid-19 does not prevent rent increases.

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 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...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I evict a tenant at the end of his lease agreement (Nov 30, 2020) despite the ban of evictions?

Also, the family had a case of coronavirus in May. They are working now. They were paying part of the rent occasionally, but the debt is more than 5,000.00.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 16, 2020

I see several corrections that are needed here:

1. The recent "ban on evictions" expired August 31.

2. Landlords can get rid of tenants at the end of a lease term for any reason.

3. Doing so is not called an "eviction."

4. It is called...
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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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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Hi I just received a letter from the court Residential eviction summons dated August 20 the today is the Aug 21 they

They said I have 5 days to respond before being evicted on on reason why I should stay .

I was effected by covid lost my job and sent home what steps should I take ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 21, 2020

Unfortunately, the temporary anti-eviction protections given to residential tenants in the CARES Act have expired, leaving tenants such as yourself without any protection from eviction. So you have four more days in which to file your answer to the notice, after which time (but not immediately)... Read more »

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: My business was affected by Covid 19 so I moved out of my office on 6/30. Landlord says I still owe rent until he can

find another tennant. I have not been paying and am concerned. What are my options?

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

Covid doesn't give you an excuse for not paying. Suppose you lost business for any other reason - you'd be in the exact same position. You owe rent until your lease is expired or (if you have vacated the space and returned possession to the landlord) he finds a new tenant.

If you...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can a tenant refuse to move out due to pandemic once I sell the house and our agreement has expired?

An oral agreement was made after written lease was up . Oral agreement is until end of Oct but She says She wont look for a new house because of the pandemic She pays rent on time every month.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 15, 2020

Whatever oral agreement you had with the tenant is not enforceable--because everything dealing with land and real property must be in writing and signed by both parties.

Having said that, before you attempt to convince this tenant that she must move out (whenever) IMO you would do well to...
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