Landlord And Tenant Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
486 legal [2, *]questions have been posted about landlord and tenant law by real users. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include leases and leasing, equipment finance and leasing, and commercial leasing. All topics and other states can be accessed in the dropdowns below.
Landlord And Tenant Questions & Legal Answers - Page 16
Do you have any Landlord And Tenant questions page 16 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 486 previously answered Landlord And Tenant questions.

Recent Legal Answers

Can court-ordered eviction notice be expedited in Spring Hill, FL

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
There is no expedited evictions beause they are already expeditied, per Fla. Stat. 51. You will need to retain a landlord lawyer to handle this properly as with the COVID there is a strong chance they might be able to say the right things and stay several more months without payment at all if you botch things up. Candidly if they were damaging the house you missed an opportunity to evict them long ago and you don't want to make that mistake again. ... Read Answer
There is no expedited evictions beause they are already expeditied, per Fla. Stat. 51. You will need to retain a landlord lawyer to handle this... Read Answer

Can I dispose of stuff left by tenant after eviction?

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
You will need to retain a LL lawyer to review your lease and Fla. Stat. 715. You should have put all the stuff to the curb when the Sheriff executed the writ. Now you likely have to go through the 715 notice process depending on the lease terms. 
You will need to retain a LL lawyer to review your lease and Fla. Stat. 715. You should have put all the stuff to the curb when the Sheriff executed... Read Answer

Someone who was buying my home,never paid and stole my appli

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Legally, sure, but good luck. You made a series of foolish decisions here, so you don't have room for more. Unless you think she actually has money you can get to, which is likely a reach from the facts, your better bet is to get her out of the trailer and minimize the loss as your primary goal. ... Read Answer
Legally, sure, but good luck. You made a series of foolish decisions here, so you don't have room for more. Unless you think she actually has money... Read Answer

How much notice do I need to give my son and fiancee to evict them from our ome

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
You need to retain a landlord lawyer to address this and sue them for removal. This is not a DIY project and you will need the lawyer to keep you from making more bad decisions. 
You need to retain a landlord lawyer to address this and sue them for removal. This is not a DIY project and you will need the lawyer to keep you... Read Answer
no photo
And why would you trust that she never made a copy?   She abandoned all rights to the property and residene. You do not have to change the locks. Just go to Home Depot or elsewhere and they can change the cylinders steetings
And why would you trust that she never made a copy?   She abandoned all rights to the property and residene. You do not have to change the... Read Answer

How can I evict my roommate?

Answered 5 years and 6 months ago by Mr. Gary Kollin (Unclaimed Profile)   |   1 Answer
no photo
It appears you cannot evict until after January
It appears you cannot evict until after January

Can my Landlord assign parking spots without 30days notice? There is no language in the lease referencing parking. Florida

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
If there is a lease - one generally cant make changes unless the lease specifically allows it. Thats the purpose of a lease. 
If there is a lease - one generally cant make changes unless the lease specifically allows it. Thats the purpose of a lease. 

If a landlord terminated a lease is the tenant obligated to pay the termination fees?

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
No. But you owe damages under Fla. Stat. 83.575 if you breached the lease. 
No. But you owe damages under Fla. Stat. 83.575 if you breached the lease. 
no photo
You need to hire a landlord lawyer to evict her. This is what happens when you play landlord with where you live. 
You need to hire a landlord lawyer to evict her. This is what happens when you play landlord with where you live. 
no photo
If you allow it  - yes, and it seems you did. Hopefully its finished and thats the end of the issue.
If you allow it  - yes, and it seems you did. Hopefully its finished and thats the end of the issue.

Is my due process being violated?

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Possibly. Most likely you defaulted and thats checkmate since December 14, came and went, its likely the notice said 2020. If there was a typo - you need to retain a lawyer to address this before the Sheriff comes to put you out. 
Possibly. Most likely you defaulted and thats checkmate since December 14, came and went, its likely the notice said 2020. If there was a typo - you... Read Answer
no photo
best bet is to get apolice escort to get your stuff to "keep the peace". Bring a Uhaul and some friends if needed. Otherwise, you can try to foight legally to get back in - but to what result? Domestic violence charges? If this is baby daddy - now you know who you are dealing with. 
best bet is to get apolice escort to get your stuff to "keep the peace". Bring a Uhaul and some friends if needed. Otherwise, you can try to foight... Read Answer

if my rent increase is considered discriminatory

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
There is no case here on the facts provided. Not all discriminaiton is a legal issue nor do you get to determine the value of the various units for marketing. Maybe a better choice is to relocate to a better unit at the same price. 
There is no case here on the facts provided. Not all discriminaiton is a legal issue nor do you get to determine the value of the various units for... Read Answer

construction work in and outside unit

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Not sure what the question is, but there is not much of a legal remedy unless you want to spend a lot of money on legal fees. You might talk to the LL to see if they have a solution such as possibly allowing you to relocate to a different unit or to terminate your lease and move elsewhere. ... Read Answer
Not sure what the question is, but there is not much of a legal remedy unless you want to spend a lot of money on legal fees. You might talk to the... Read Answer

an old pipe in the laundry / boiler room burst and flooded our apartment

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Nothing. Unless he had means to know a pipe in the wall would burst, he is not liable. This is why you have renters insurance. 
Nothing. Unless he had means to know a pipe in the wall would burst, he is not liable. This is why you have renters insurance. 
no photo
Sounds like a typical lease breach case. Bigger issue is whether you have the money to pursue the case properly or not.  Otherwise you pick a fight and can't finish it. 
Sounds like a typical lease breach case. Bigger issue is whether you have the money to pursue the case properly or not.  Otherwise you pick a... Read Answer

Can a hotel take amenities out your room if your bill is past due.

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
THis is a tenant v. guest issue. If you are a tenant you might hire a lawyer to see if an ADA demand for the TV return helps. Other than that - there is no obligation for the hotel, whether you are guest or tenant, to afford you luxuries when you don't pay. While Fla. Stat. 83.67 might apply to tenants, and you might be one, it does not apply to a television as opposed to eletricity. ... Read Answer
THis is a tenant v. guest issue. If you are a tenant you might hire a lawyer to see if an ADA demand for the TV return helps. Other than that - there... Read Answer

I live with my in-laws and we pay rent, can they just throw us out without warning? Like 2weeks or 30days at least?

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Sorry - this makes no sense - and therefore suspicious. If you are afraid of the dog - you are trying to stay there longer...why? This sounds like there is a lot more to this than the dogs and ansemt having actual facts that make sense, there is no means to provide proper advice or guidance. ... Read Answer
Sorry - this makes no sense - and therefore suspicious. If you are afraid of the dog - you are trying to stay there longer...why? This sounds like... Read Answer

Does a landlord have to prove damages, i.e., photographs, when returning deposit?

Answered 5 years and 6 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Suing a landlord for return of a deposit without a lawyer is a fools game in Florida. Why? Because the ONLY thing you will get back is your own money and at best court costs. The landlord loses nothing in forcing you to go to trial over the issue. That stated while hiring a lawyer is expensive, it also forces the LL to risk having to pay for your legal fees if they lose, which can change the playing field dramatically.... Read Answer
Suing a landlord for return of a deposit without a lawyer is a fools game in Florida. Why? Because the ONLY thing you will get back is your own money... Read Answer

received a non-renewal of lease

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
and the question is? Absent a question, there is nothing to do here. Otherwise you are not generally entitled to a renewal of the lease regardless of how long you have lived there, so you will need to plan on moving out to a new place at the end of the lease. 
and the question is? Absent a question, there is nothing to do here. Otherwise you are not generally entitled to a renewal of the lease regardless of... Read Answer

Evict my drug addiction son

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
You will need to retain a landlord lawyer to sue for his removal if he won't leave on his own. There is no cheap or quick short cut to this. You will also need to relinquish your role as his payee or having control over his money to avoid future controversy.
You will need to retain a landlord lawyer to sue for his removal if he won't leave on his own. There is no cheap or quick short cut to this. You will... Read Answer

can my landlord charge me late fees for being short on rent?

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
Why would you imagine otherwise? Would you go to Walmart and expect to take all the groceries home while only paying for part of them? Absent validly complying with the CDC directive, you may be siubject to eviction also. 
Why would you imagine otherwise? Would you go to Walmart and expect to take all the groceries home while only paying for part of them? Absent validly... Read Answer

what type of lawyer handles cases about hotels rental?

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
There likely isn't one that will handle this. At least not a competent lawyer, as there is no real legal claim here. While it might be a problem if the maintenance man just let himself into the room for his own purposes, this may have been a simple mistake not realizing the room was occupied or even an emergency, especially at 2:30 am. That your husband decided to "hit the front door" and his nightmares are "on the rise" over such an incident is not a sufficient basis for a damages claim. This is most lilely a customer service issue where you may be able to get a refund or such. ... Read Answer
There likely isn't one that will handle this. At least not a competent lawyer, as there is no real legal claim here. While it might be a problem if... Read Answer

How can I recover my security deposit from my landlord when she doesn't actually own rights to the property?

Answered 5 years and 7 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   1 Answer
no photo
sorry, but you took no action on those things when it mattered, which is when they occured or during the tenancy. Now, you seem to have a claim against someone that lost the property you were renting to a judgment creditor. You may have a legal right to sue, but the REAL issue the ability to collect the money at it issue. This is likely a lost cause. In the future you need to act when it matters for these reasons. ... Read Answer
sorry, but you took no action on those things when it mattered, which is when they occured or during the tenancy. Now, you seem to have a claim... Read Answer

Renting duplex with Chinese drywall

Answered 5 years and 8 months ago by Mark Theodore Tischhauser (Unclaimed Profile)   |   2 Answers
no photo
Your promary remedy is to terminate the lease and move. That stated, with the overlap of CV19 and the time frame referenced, making an injury claim will be very difficult but you can address that after you are out and in a safer place. 
Your promary remedy is to terminate the lease and move. That stated, with the overlap of CV19 and the time frame referenced, making an injury claim... Read Answer