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COVID-19 Florida Real Estate Law Questions & Answers
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 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 Real Estate Law for Florida on
Q: New BOD changed locks on clubhouse. How long do they have to replace old keys?
Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 20, 2021

It depends on why the locks were changed. Many associations have closed their amenities due to COVID-19. Florida Statute 720.116 gives the association to do whatever is necessary during a state of emergency for the safety and health of the membership.

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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2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Are cash real estate contracts void if not completed by date agreed to originally?

We four sisters were left our mothers home13 years ago in Florida. I paid bills on it for 8 years and refused to continue because one sister would not agree to sell. The house will go to auction for taxes unless sold . We have a buyer for cash and we’re supposed to close in April. All sisters... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 14, 2020

This is not a question that can be answered in an online forum. You need a real estate attorney to review the agreement. If you have breached the agreement the buyer may have recourse against you. Buying and selling real estate without an attorney may save money now, but will cost quite a bit... Read more »

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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... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: I leased a condo from an owner and have lived there for a year a 6 months, always paid my rent on time. However..

I went to visit my son, daughter in law and Granddaughter in Metairie La in June. I informed the owner that I was going out of town. I returned to my condo in early July with my son who was going to visit with me for a few days. I opened up the door and found 2-3 inches of raw sewage throughout my... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Aug 4, 2020

This is a perfect example of why renters need to have rental insurance. Due to the health hazard caused by the raw sewage leak all or most of your property most likely needed to be disposed of. What was valuable should have been removed, if possible when you were there. You should have been... Read more »

2 Answers | Asked in Real Estate Law and Civil Rights for Florida on
Q: can a condo association ban a person from own unit for not wearing a mask
Barbara Billiot Stage
Barbara Billiot Stage answered on Aug 4, 2020

It's depends on what you mean by "banning." The Condominium Act gives broad sweeping powers to the Board of Directors of a condominium association (COA) during a state of emergency. Those powers include the discretion to do what is necessary to protect the life, safety and health... Read more »

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Does HOA have to fix water issues on property they own?

My HOA owns the easement between my house and several neighbors. We all experienced flooding and property damage. We aren't allowed to touch it because they own it, but they refuse to make any repairs to the easement to ensure proper drainage.

Barbara Billiot Stage
Barbara Billiot Stage answered on Jul 21, 2020

It depends on the nature of the easement and who owns the property versus who is the easement holder. An easement holder has rights to use the property for a particular purpose, but does not own the land. For instance, if they have a utility easement, they likely have no responsibility for... Read 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... Read 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... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: When the pandemic started i lost my job. Havent payed rent. Havent gotten an eviction notice. what can i do?

As soon as i lost my income i couldnt pay rent so i just stopped. I never got a phone call or a visit. A few months later the realtor shows up and claims hes been calling me. The owner was on the phone and was cursing and calling me a deadbeat. Told me to pay or get out.

Seril L Grossfeld
Seril L Grossfeld answered on Jun 22, 2020

There are local programs which offer assistance in paying rent, in addition to the enhanced federal unemployment benefits. As of right now evictions are stayed and if filed the clerk cannot issue writs of possession, meaning even if you are evicted you cannot be removed at the moment. This may... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: can i defer payment for condo association in broward county florida for 2nd qtr maintenance fees due to covid 19 issues

i am asking as a homeowner my hoa for a repayment or forebearance payment plan with condo association they denied any type of repayment plans related due to covid 19

Richard Paul Zaretsky
Richard Paul Zaretsky answered on May 9, 2020

There is no Covid-19 related law or regulation that affects this type of financial obligation. The due date is the due date and any extension is up to the association. Your question is unclear but it seems they denied your request. The association has its own obligations and that is why the... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: CanFlorida condo association have annual meeting via zoom /count ballots to elect a new Board on Zoom during pandemic?

We have numerous problems in our condo community, many of which may be properly resolved when a new board is elected. Our current board majority of 3 always votes as a bloc and won't let the cast votes be counted on zoom nor hold the annual meeting on zoom during the pandemic? They say this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on May 7, 2020

It is unclear what you mean by " the Gov's statute". The governor has made a number of emergency orders during this crisis, but none of them appear to apply. If you mean the portions of the Florida Statutes concerning corporate meetings, and particularly those of condominium... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I have been living at my current house rental since October of 2015 with a lease. The lease was up at the end of March.

I was informed the owner was putting the house on the market and my lease would then be month to month. I paid April rent, on time. I just got a certified letter from the real estate agent that the house is sold and I have to be out by May 7. The state of FL is currently under a shelter in place... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Apr 10, 2020

Under Florida Law if you are month to month you have to given not less than 15 day notice prior to the end of the rental period that tenancy is terminated. So if you received proper notice the tenancy is terminated as of the end of April, 2020 assuming you have a month to month that starts on the... Read more »

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