Florida Landlord And Tenant Questions & Legal Answers

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.

Recent Legal Answers

is an unsigned eviction notice void

Answered 3 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

No. It should be treated as valid and responded to accordingly.

what can I do about a well company that replaced a pump in my well about 6 months ago and now i get dirt in all of my house

Answered 3 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

This is not a plumbers fault that simply replaced a burned out pump. You will need to hire a well company and determine if there is a need to re-locate the well or some other remedy.

This is not a plumbers fault that simply replaced a burned out pump. You will need to hire a well company and determine if there is a need to... Read Answer

Landlord

Answered 3 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

Maybe. It all depends on how you were leaving the property and the terms of the lease. You need to retain a tenant lawyer to review this with. Most times LL have to abibe Fla. Stat. 715 if a tenant vacates the property and leaves stuff behind, unless there was a court eviction.

Maybe. It all depends on how you were leaving the property and the terms of the lease. You need to retain a tenant lawyer to review this with. Most... Read Answer

Bought a truck from dealership

Answered 3 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

All depends on the details and the terms of the warranty. You will need to retain a lawyer to make that determination.

I own a trailer on a corner lot that had an extra driveway on the back of the lot. The park removed the driveway without informing me, can they ?

Answered 3 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

Unless you own the lot, if its thier property they can do as they like without your permission or agreement unless your lot rental agreement says otherwise. if YOU own the lot, its different story.

Unless you own the lot, if its thier property they can do as they like without your permission or agreement unless your lot rental agreement says... Read Answer

How can we sue for toxic mold

Answered 3 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

You will need to retain a lawyer to pursue such a claim and in most instances will have to pay for the experts and costs and often the legal fees in advance. That stated urine tests for mycotoxins are generally sale gimmick garbage and have specifically be rejected by the FDA and CDC as being worthless. The first step is to secure a written opinion from a licensed mold assesor after testing and inspection of the property re what type and how much mold is present. Black colored mold or mildew is not inherently toxic black mold. Once the extact type and circumstance of mold is determined then you will need to secure written opinion from a treating physician, commonly a neurologist, toxicologist or immunologist to address any toxicity issues. Stay away from holistic nutbag doctors as they are typically going to skim your cash for snake oil treatments, and have little ot no credibility in court. Mold toxicity issues are VERY expensive and difficult to establish abent excpetional cases as a general rule. ... Read Answer

You will need to retain a lawyer to pursue such a claim and in most instances will have to pay for the experts and costs and often the legal fees in... Read Answer

If my Landlord, raises my rent to more than I can afford...how can I break a verbal agreement to New lease extension with price increse?

Answered 3 years and 4 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

No you cannot just rescind things after the facts. "Do overs" and "take backs" stopped in 3rd grade. if you are no on a lease and are MTM you need to comply with Fla. Stat. 83.57 and terminate the tenancy properly. If you have a lease you are stuck unless the lease has some form of early termination provision. ... Read Answer

No you cannot just rescind things after the facts. "Do overs" and "take backs" stopped in 3rd grade. if you are no on a lease and are MTM you need to... Read Answer

Is this legal?

Answered 3 years and 5 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

If its an apartment - the LL cannot shift certain repairs to the tenant, as opposed to a SFH or duplex. This is spelled out in Fla. Stat. 83.51. As you are now in an eviction lawsuit, you will need to spend the money to hire a lawyer to defend that lawsuit and address those issues with the LL. This is not a DIY job as you already have done some damage with allowing the eviction lawsuit to get filed. ... Read Answer

If its an apartment - the LL cannot shift certain repairs to the tenant, as opposed to a SFH or duplex. This is spelled out in Fla. Stat. 83.51. As... Read Answer

24 hour notice

Answered 3 years and 5 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

You should have hired a lawyer immediately when the lawsuit was filed. We can certainly help, at least in trying to buy you some time, but much of what you may have as a defense might have been waived by your mishandling of the case. These are not contingent fee cases and you would need to be prepared to spend a good bit of money to hire a lawyer to seek an emergency hearing with the judge to stay the writ of possession if some error has occurred. You can contact our office at 813-243-9233 if you wish to discuss further. ... Read Answer

You should have hired a lawyer immediately when the lawsuit was filed. We can certainly help, at least in trying to buy you some time, but much of... Read Answer

Today I was served with a notice of right to reclaim abandoned property description of property single wide mobile home affixed to the premises witho

Answered 3 years and 5 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

Sounds like there is a dispute about this and the LL is seeking to remove your trailer from the lot. YOU will need to retain a lawyer to address this ASAP.

Sounds like there is a dispute about this and the LL is seeking to remove your trailer from the lot. YOU will need to retain a lawyer to address this... Read Answer

Is a widower responsible for the deceased spouse's contracts?

Answered 3 years and 5 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

Without the wifes knowledge? That will be a difficult case to make typically. You will need to retain a real estate lawyer to address the tenancy and what rights or obligaitions exist. This may also be an issue for the probate court to address.

Without the wifes knowledge? That will be a difficult case to make typically. You will need to retain a real estate lawyer to address the tenancy and... Read Answer

what does consent of service mean in a probate case?

Answered 3 years and 6 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

No idea. That should have been addressed BEFORE you signed such a document. If you are not usre what you signed you will need to hire a lawyer to review it and advise you accordingly.

No idea. That should have been addressed BEFORE you signed such a document. If you are not usre what you signed you will need to hire a lawyer to... Read Answer

Does the owner have to provide a copy of the prospectus when there is a 52% increase in lot rent

Answered 3 years and 6 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

Providning a prospectus copy has nothing to do with rent. Thatr should be provided when you become a resident and shoudl be available either as public record or on request.

Providning a prospectus copy has nothing to do with rent. Thatr should be provided when you become a resident and shoudl be available either as... Read Answer

Do you need to tell a realtor when you’re looking for a place to rent a first time buyer for a home that you are facing an eviction?

Answered 3 years and 6 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

Once an eviction is filed, if thats what you mean by facing an eviction, you already have an eviction on your record. So the answer is "of course" and you already know why. Because its going to come up with most anyone that does a BGC or asks on an application so you might as well get it out in the open. If you have a prior eviction, you are most likely NOT going to be eligible to rent at most decent places or those with property management running them. If you fail to tell the RA that, they will likely be blindsided by it, bent you wasted thier time, and probably drop you as a client if not charge you for the effort. They will need to focus on less diligent or concerned property owners and if you are looking for inexpensive also, likely looking for more remote locations with more forgiving landlords. The more competetion for the unit, the further down you will be on the approval list.... Read Answer

Once an eviction is filed, if thats what you mean by facing an eviction, you already have an eviction on your record. So the answer is "of course"... Read Answer

What are senior citizen tenants rights on evictions when the ll is threatening and harassing

Answered 3 years and 6 months ago by Mark Tischhauser, Esq. (Unclaimed Profile) | 1 Answer

That's simply too broad of a question and one that appears to be not your issue - but that of a third party. If you, the elderly woman will need to retain a tenant lawyer to address any such issues as trailer parks have different rules under Fla. Stat. 723.

That's simply too broad of a question and one that appears to be not your issue - but that of a third party. If you, the elderly woman will need to... Read Answer