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 4
Do you have any Florida Landlord And Tenant questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 483 previously answered Florida Landlord And Tenant questions.

Recent Legal Answers

House isnโ€™t finished being built. Can I break my lease? (FL)

Answered 2 years and 9 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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This all turns on the terms of the lease. You will have to hire a lawyer to review the lease to determine what rights and obligations exist. Many such leases have clauses that construction delays are not a breach by the LL. 
This all turns on the terms of the lease. You will have to hire a lawyer to review the lease to determine what rights and obligations exist. Many... Read Answer
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Not sure what you are expecting to happen if the property is burned and you do not remove your items from a placarded property. The answer to "what to do" is to get your things gathered up and put them in storage, pending a determination of who was at fault for the fire. If it was you, the loss of your things is the least of your concerns. If it was the LL then this would likely be a renters insurance or liability insurance claim. ... Read Answer
Not sure what you are expecting to happen if the property is burned and you do not remove your items from a placarded property. The answer to "what... Read Answer

Hello - Iโ€™m florida - in a condo -the by laws allow use by immediate family -is the step- brother of the owner eligible?

Answered 2 years and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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USE or establishing a residence? two different issues and residence is a whole different ball game. How you "feel" is of no consequence. Legal issues are based on facts. Here it seems like subletting so you would have both COA issues and insurance issues to address. You will need to hire an associations lawyer BEFORE he moves in, to address this. ... Read Answer
USE or establishing a residence? two different issues and residence is a whole different ball game. How you "feel" is of no consequence. Legal issues... Read Answer

WHO IS RESPONSIBLE?

Answered 2 years and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Possibly. You will spend a good bit of money on the effort so be prepared for that financially. The issue will likely focused on what changes occurred in past 6 years as you have been there for 33. If this is mostly about hurricane level flooding, you will have a much harder case to prove. This sounds like a grading problem. ... Read Answer
Possibly. You will spend a good bit of money on the effort so be prepared for that financially. The issue will likely focused on what changes... Read Answer

Am I responsible for my roommateโ€™s part of a lease if he breaks it?

Answered 2 years and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Unless the lease says otherwise - there is no "part" of a lease. You are BOTH fully liable as tenants. 
Unless the lease says otherwise - there is no "part" of a lease. You are BOTH fully liable as tenants. 

What can I do about workplace harassment and bullying resulting in assault as retaliation for reporting?

Answered 2 years and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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For reporting what? You can file a complaint with the EEOC but there is no way to respond to such a vague post with conclusory statements. 
For reporting what? You can file a complaint with the EEOC but there is no way to respond to such a vague post with conclusory statements. 

evict my ex partner from the house

Answered 2 years and 10 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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If its his house - its his house. You have no right to stay in HIS, house. If you are also a deed owner of the house, then the cannot evict you, but would have to sue for partition. 
If its his house - its his house. You have no right to stay in HIS, house. If you are also a deed owner of the house, then the cannot evict you, but... Read Answer
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No. The lease terms are what they are. BOTH sides are bound to honor them. You cannot withhold rent without inducing an eviction.
No. The lease terms are what they are. BOTH sides are bound to honor them. You cannot withhold rent without inducing an eviction.

Landlord has not made any repairs

Answered 2 years and 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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If you are MTM tenants, as it seems, you have few real "rights" other than to terminate the tenancy and move elsewhere if you can find better. If you husband was afforded a discount as an employee, the LL is entitled to seek full market rate when he isnot. 
If you are MTM tenants, as it seems, you have few real "rights" other than to terminate the tenancy and move elsewhere if you can find better. If you... Read Answer

Can my landlord keep my childrenโ€™s bike?

Answered 2 years and 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Possibly. Depends on the terms of the lease and circumstances. Try calling law enforcement to see if they get the bikes returned.
Possibly. Depends on the terms of the lease and circumstances. Try calling law enforcement to see if they get the bikes returned.

Can I put a recorder in my apartment to catch management coming in

Answered 2 years and 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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If you comply with Fla. Stat. 934 you can use security video like a ring or canary for this purpose. Make sure you get a lawyers approval before you do so. 
If you comply with Fla. Stat. 934 you can use security video like a ring or canary for this purpose. Make sure you get a lawyers approval before you... Read Answer

Is this retaliation and can we fight it

Answered 2 years and 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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There is no "we" in the equation. Sounds like you poisoned the pool for your parents with your interaction with the LL. There is no requirement that the LL renew an existing lease for any reason.  Your parents will need to retain a lawyer if they have any specific issues or need to interact with the LL on the issue.... Read Answer
There is no "we" in the equation. Sounds like you poisoned the pool for your parents with your interaction with the LL. There is no requirement that... Read Answer

who is responsible for my damaged vehicle?

Answered 2 years and 11 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You dont relate how the rap artists did the damage nor why? Did you call the police when it occurred? What does the PM for the apartment say?
You dont relate how the rap artists did the damage nor why? Did you call the police when it occurred? What does the PM for the apartment say?

can my landlord increase my rent 200.00 dollaresa mounth

Answered 3 years ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Yes. Either when the lease is renewed or with notice on a MTM basis. That you have lived there for 10 years and are on a fixed income is not the LL's concern.
Yes. Either when the lease is renewed or with notice on a MTM basis. That you have lived there for 10 years and are on a fixed income is not the LL's... Read Answer

One of my roommates left ,before lease ends, who is responsible for his rent?

Answered 3 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Unfortunately, YOU are responsible. Unless there is a room mate contract between you, you are generally stuck paying the rent with no recource. You can later try to sue the ex-room mate for thier share paid on thier behalf, but in most instances you spend the money you are fighting over in court so its not productive. ... Read Answer
Unfortunately, YOU are responsible. Unless there is a room mate contract between you, you are generally stuck paying the rent with no recource. You... Read Answer

A ROOSTER AS A EMOTIONAL SERVICE ANIMAL

Answered 3 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Roosters cannot be "service" animals under the ADA. This sounds like a bogus ESA claim with a rent a doc online or a physician callously handing out such letters. Your remedy would be to sue the LL and the tenant for the nusiance enforcement. This would involve some significant litigation expense and you would need to retain a lawyer to pursue a lawsuit properly. ... Read Answer
Roosters cannot be "service" animals under the ADA. This sounds like a bogus ESA claim with a rent a doc online or a physician callously handing out... Read Answer
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Its too late. Unless the LL is wiling to let her stay or there is some other legal defense, if you don't pay the rent inside the 3 day notice, the landlord is entitled to sue for removal on the 4th day. Even paying the rent owed at that point does not change the landlords right to eviction. This all a matter of trying to work it out with the LL through some form of settlement. ... Read Answer
Its too late. Unless the LL is wiling to let her stay or there is some other legal defense, if you don't pay the rent inside the 3 day notice, the... Read Answer

Is intent to renew binding?

Answered 3 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Not likely. An agreement to make a lease in the future is not a lease. 
Not likely. An agreement to make a lease in the future is not a lease. 

Can I file a claim against my landlord for emotional distress and for keeping my deposit?

Answered 3 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Not the facts provided, NO. The remedy would have been to terminate the tenancy and move out. 
Not the facts provided, NO. The remedy would have been to terminate the tenancy and move out. 

we rented a condo from 1/1/23-3/31/23 in Lakewood Ranch florida

Answered 3 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Landlords have 30 days to mail the notice of claim against a security deposit per Fla. Stat. 83.49
Landlords have 30 days to mail the notice of claim against a security deposit per Fla. Stat. 83.49

Is my landlord responsible?

Answered 3 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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All depends on the lease terms. If you are responsible for pest control and the damages from pest, its likely your expesne to bear. 
All depends on the lease terms. If you are responsible for pest control and the damages from pest, its likely your expesne to bear. 
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Not in the middle of a lease - but when its started or if MTM they can have generally any terms they want. You either agree or you live elsewhere. 
Not in the middle of a lease - but when its started or if MTM they can have generally any terms they want. You either agree or you live... Read Answer

What constitutes right to privacy being violated

Answered 3 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Thre is no bright line as its all situational. If you are a MTM tenant - the remedy is to move elsewhere. Thats the beauty of a MTM tenancy - you can terminate it without worrying about breaking a lease equally. 
Thre is no bright line as its all situational. If you are a MTM tenant - the remedy is to move elsewhere. Thats the beauty of a MTM tenancy - you can... Read Answer

I need to find a lawwyer to help with my human rights being denied.

Answered 3 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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YOu need to check with legal aid about an ADA/FHA discrimination lawsuit. That said, not sure that moving toa ground floor unit if one is available will solve the issues of renting from a slum lord. You would do better to move elsewhere rather than sign a new lease.
YOu need to check with legal aid about an ADA/FHA discrimination lawsuit. That said, not sure that moving toa ground floor unit if one is available... Read Answer

LEGAL EVICTION?

Answered 3 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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If you have a lease - your lease likely controls the issue not the sale of the property. If you are a MTM or WTW renter, then all you get is a written notice terminating the tenancy. There is no "legal papers" involved unless you refuse to leave, in which case you bait the landlord to file an eviction which will damage your rental record. ... Read Answer
If you have a lease - your lease likely controls the issue not the sale of the property. If you are a MTM or WTW renter, then all you get is a... Read Answer