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COVID-19 Florida Landlord - Tenant Questions & Answers
3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is the eviction memorandum extended un Fl
Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 10, 2020

The executive order signed by Governor DeSantis is subject to a lot of controversy and legal interpretation. The latest order puts a moratorium on evictions of those affected by COVID-19 with no definition of what qualifies as "affected." Landlords have started filing evictions and it... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: In pinellas county Florida can a landlord evict me in 3 days with a pandemic?

Called the management team in the office said they would work with me and then gave them $ 200 said I would have until 8/19 they lied put a 3 day notice on my door

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 7, 2020

They cannot evict you in 3 days. Read the notice. However, if you don't pay the rent in full by the end of the 3 days they can file a complaint for eviction subject to the governor's executive order governing eviction actions during the pandemic. It doesn't matter what anyone told... View More

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Does a text message meet the written notice requirement?

We are month to month Tennants and the office is currently closed due the Pandemic. We are currently receiving text messages from the management team providing us Tennant's with updates, policy changes etc. Can we provide our intent to vacate premises (teminate month to month agreement) by... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jul 9, 2020

READ YOUR LEASE. If the lease requires you to provide notice by carrier pigeon, you need to send it by carrier pigeon. It probably requires you to send it by certified mail, return receipt requested to a specific address. Don't assume that the payment address is the notice address. Updates and... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Were on a month to month rental agreement and we were just told by the property manager that we have to be out by may 30

2020. My husband was in jail and I talked to the property manager and explained to him that he will pay when he gets out of jail and he's just been home a week and he can't pay the rent right now because of losing his job and his bank account is frozen to fraudulent activity and we have... View More

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

A 15 day notice is the minimum amount of time the landlord is required to give you on a month to month lease. The Covid 19 restrictions do not prevent a landlord from evicting a tenant for anything but the nonpayment of rent; and in fact the restriction is on the sheriff from serving a writ of... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Could I be evicted with no lease agreement

You

My boyfriend has been living at this rental property for 3 years now. I moved in with him last year in May. He has been paying $350 in rent every month. He has text message receipts or texts stating that’ he paid and a couple paper receipts that were written to him. We notified the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 13, 2020

Of course you can, although eviction may not be the appropriate remedy to get you out. You had 5 days to answer the allegations of the eviction complaint, so there may be a default against you and your boyfriend. I suggest that you contact a lawyer, perhaps Legal Aid, immediately, as in tomorrow,... View More

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2 Answers | Asked in Civil Litigation and Landlord - Tenant for Florida on
Q: I’ve been a subtenant for 1.5 years. I was given 24 days notice to move during COVID... paid services being turned off.

Tenant told me my sublease is illegal and landlord doesn’t even know I live here. She gave me a notice to leave by May 30. Then verbally changed it to May 14... she won’t give me this is writing. THEN I heard her on the phone switching services back into the landlords name for the 11th. I’ve... View More

Charles M.  Baron
Charles M. Baron
answered on May 10, 2020

Get an attorney, of course - not scrounge around for on-line advice. If you can't afford the hundreds and possibly thousands of dollars for representation by a private counsel, contact your local Legal Services or Legal Aid office - one of their main areas of work is landlord-tenant. If you... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord harass you to move out of your rental house during Covid? Remedy if filing with the courts?

In January the realtor for the landlord dropped a note on my parents door to vacate after their lease was up March 31, 2020. My parents are 70 years old. My parents paid March rent. Mom is on oxygen and Dad has various medical issues. Covid issues began in March. On March 20th I informed the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 1, 2020

Your parents are now subject to being evicted. COVID is not an excuse to violate contracts. Your parents had 3 months notice to vacate, and it appears the LL is being reasonable. They might want to think about hiring an attorney now to negotiate with, and be their point of contact with, the... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I live in North Lauderdale at arium lakeside I have not received unemployment or stimulus check can I be evictied

My Lease is up in June

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

The new Cares Act passed by Congress last month provides some protection for tenants struggling to pay rent or being evicted for not paying rent. However, there are some important exceptions which might not give you any protection in your particular situation. I am advising all my clients NOT to... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can you get evicted from a rental during a national disaster such as the Covid 19 Pandemic?

The Condo owner raised the rent effective April 1, 2020. Just want to know my options, if any. Thank you.

Jeffrey Lampert
Jeffrey Lampert
answered on Mar 29, 2020

Here is a big concern--if the landlord files for an eviction the filing will appear in the public records. So, even though the Courts are shut down for "non-essential" civil actions, and the Clerks are not currently issuing Writ of Possession, and the Sheriff's are not executing... View More

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