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Florida Landlord And Tenant Legal Questions

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483 legal [2, *]questions have been posted about landlord and tenant law by real users in Florida. 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.
Florida Landlord And Tenant Questions & Legal Answers - Page 20
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Landlord and Tenant Law
Florida

Recent Legal Answers

i was served an eviction summons but the names are wrong the name listed is not me

Answered 8 years and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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That might be something to raise as an issue, but without a lawyer, if thats the best you got as a defense you need to get packing. 
That might be something to raise as an issue, but without a lawyer, if thats the best you got as a defense you need to get packing. 

No hot water

Answered 8 years and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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What you describe is not suffiicent tp break a lease as a general rule. The law requires HOT water be provided not cold water. You probably need to hire a lawyer to send a 7 day repair letter to the LL and see where it goes from there. 
What you describe is not suffiicent tp break a lease as a general rule. The law requires HOT water be provided not cold water. You probably need to... Read Answer

I received an eviction summons. I do have the money to pay for the month that is late and made arrangements to clear up August by the end of August.

Answered 8 years and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Nope. Unless you have some sort of settlement in writing  - no idea what "made arrangements" means especially when it entails you likely remaining a month behind. if they served a 3 day notice and you did not pay it all - you are simply subject to eviction at that point. 
Nope. Unless you have some sort of settlement in writing  - no idea what "made arrangements" means especially when it entails you likely... Read Answer

Is it legal, in the Florida, for a landlord to withhold the fact that a convicted child sexual predator lives next door?

Answered 8 years and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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The did not "withhold" this unless you specifically asked "is there a sexual offender next door?" and they were aware of it and said "No". If you didn't ask, they are not under any obligation to inform you of such things, that is up to you as a renter. Before you rent a house, its a good idea to check out the neighbors with public record seraches and see who you are moving next to BEFORE you sign the lease, not after. ... Read Answer
The did not "withhold" this unless you specifically asked "is there a sexual offender next door?" and they were aware of it and said "No". If you... Read Answer

Financial responsibility for medical costs due to mold illness, testing for type of mold and professional remediation?

Answered 8 years and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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This is always a difficult prospect as a tenant. You will first need to hire and pay for a mold assessor to determine IF there is toic mold and then hire and a pay for a mold remediator to give an opinion about fixing it if there is. Generally, most LL raise eyebrows with mold claims where you just discovered it and yet claim to have already read up on it, as some form of set up for free rent or to get out of the lease just so you are aware of what to expect. This is especially true if the claimed effects are pervasive and affect multiple people.   Regardless, you will need to hire a tenant lawyer to send a proper 7 day repair letter and if the LL does not address the leak and the mold isue, be prepared to move out on the 8th day, preferablly with a mold assessor report. terminating the rental agreement. Then you can deterimine if there are any medical issues and go from there for any other claims. ... Read Answer
This is always a difficult prospect as a tenant. You will first need to hire and pay for a mold assessor to determine IF there is toic mold and then... Read Answer

Can I withhold my rent for termite infestation that landlord hasn't done anythinh about for 2 months now? I live in Florida

Answered 8 years and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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No - as a general rule you cannot withold rent in Florida. 
No - as a general rule you cannot withold rent in Florida. 

The phone/internet wiring in my rental has gone bad, it needs tio be replaced. Owner refuses to rplace it. Federal law requires access to 911.

Answered 8 years and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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LL is not required to provide you means to supplement your income nor is the LL obligated to provide you 911 service nor address your financial needs. The exception would be a lease provision that provides otherwise but I havent seen one in 27 years that says such. Hence you will need to find other remedies such as a wi-fi location you can use or some other alternative ... Read Answer
LL is not required to provide you means to supplement your income nor is the LL obligated to provide you 911 service nor address your financial... Read Answer

Tenant or Landlord Responsibility?

Answered 8 years and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Yours. The water pipe didn't bust itself. Now, if you are able to PROVE not claim that the water pipe broke with ordinary use, you would have argument to the contrary. I thin kyou find plumbers not agreeing that a "corroded" bib fitting would break a copper pipe absent some exessive force like using pliers etc. If you cant or wont spend the money to dispel the LL poistion, you are better off just paying for the damage and moving on unless you want to take the risk that the LL sues you. ... Read Answer
Yours. The water pipe didn't bust itself. Now, if you are able to PROVE not claim that the water pipe broke with ordinary use, you would have... Read Answer
Landlord and Tenant Law
Florida

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