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 7
Do you have any Florida Landlord And Tenant questions page 7 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

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UNless the lease prohibits it - the owner can sell as they like. The buyer generally has to honor the lease though. 
UNless the lease prohibits it - the owner can sell as they like. The buyer generally has to honor the lease though. 

Can I get my pending eviction case dismissed because they sold the property and our no longer the plaintiffs?

Answered 5 years ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Sure  - you can request virtually anything. Whether you get it is a different story and that cannot be addressed in an online blurb. 
Sure  - you can request virtually anything. Whether you get it is a different story and that cannot be addressed in an online blurb. 

Rent in arrears

Answered 5 years ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Yes. Anytime you owe back rent you can be evicted. The CDC rule was desclared unconstitutional though it would not apply to you anyway as a MTM tenant. 
Yes. Anytime you owe back rent you can be evicted. The CDC rule was desclared unconstitutional though it would not apply to you anyway as a MTM... Read Answer

How do I legally get my 'friends' to leave my house?

Answered 5 years ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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This is what happens when you invite strippers and hangers on to "stay" with you. If want them to leave and they refuse, you can try having law enforcement remove them. If the claim your house as thier residence, you will have to spend a good deal of money on leawyer suing them for removal. ... Read Answer
This is what happens when you invite strippers and hangers on to "stay" with you. If want them to leave and they refuse, you can try having law... Read Answer

Landlords rented illegal unit (no permit, uninhabitable); I now want to leave, but need to find a new apartment first.

Answered 5 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   2 Answers
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If the rental is illegal you have no right nor ability to stay, but if you do, you will likely be required to pay the rent agreed to. You cant stay some illegally for free. 
If the rental is illegal you have no right nor ability to stay, but if you do, you will likely be required to pay the rent agreed to. You cant stay... Read Answer

I need a lawyer for sueing property company

Answered 5 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Obviously you will need to retain a lawyer, likely at some expense unfortunately, since it seems you are in litigation and there may be issues with the stay or contempt. Whle we represent only tenants in LL/T cases, in cases such as you described, they are not typically handled on a contingent fee basis for a variety of reasons. ... Read Answer
Obviously you will need to retain a lawyer, likely at some expense unfortunately, since it seems you are in litigation and there may be issues with... Read Answer

Can a landlord charge me for fixing a bathtub that they painted and is chipping

Answered 5 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Possibly - if they claim its chipping because of something you did. This sounds more like they are going to charge you for a service call because you weren't there when you were suppsoed to be. 
Possibly - if they claim its chipping because of something you did. This sounds more like they are going to charge you for a service call because you... Read Answer

Can a landlord keep my deposit if I donโ€™t move in the apartment

Answered 5 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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This generally depends on the terms of the rental agreement. If this is a room rental situation or about a single months rent, its not likely a viable issue to involve lawyers simply as a result of expense alone. 
This generally depends on the terms of the rental agreement. If this is a room rental situation or about a single months rent, its not likely a... Read Answer

If a lease is broken in florida under mutual agreement and rent is overdue which is over two years ago what should I do?

Answered 5 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Actually - the LL may forfeit the security deposit if he did not comply with Fla. Stat. 83.49(3). The sec dep should be applied to any damages claimed under a lease breach by the tenant  - but you can still owe more than the sec dep regardless. 
Actually - the LL may forfeit the security deposit if he did not comply with Fla. Stat. 83.49(3). The sec dep should be applied to any damages... Read Answer

Can i use Florida law 83.60 to get out of a lease? If so what course of action should I take to do so?

Answered 5 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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No. You are not correct, as unless you can prove to a court that the property was untenanable, not just unsatisfactory, which is what you described, you are simply setting yourself up for a credit damage/collections issue, a lawsuit or eviction. If you are trying to terminate the lease, you need to spend the money to retain a tenant lawyer before things go further off the rails. Its actually, Fla. Stat. 83.56(1) and 83.51 that are the statutes at issue not 83.60, unless you are trying to withhold rent which is a bad choice. ... Read Answer
No. You are not correct, as unless you can prove to a court that the property was untenanable, not just unsatisfactory, which is what you described,... Read Answer

what do I need to do

Answered 5 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Sorry - your post is incoherent. Next time take the time to actually frame a coherent question and not rely on voice to txt without editing the post if you want a legitimate response or help on a legal issue. 
Sorry - your post is incoherent. Next time take the time to actually frame a coherent question and not rely on voice to txt without editing the post... Read Answer

If I pay all of the back rent I owe can I stop an eviction process?

Answered 5 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   2 Answers
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No. Payment does not stop eviction unless its in the 3 day grace period of the demand letter. 
No. Payment does not stop eviction unless its in the 3 day grace period of the demand letter. 

Can I get my brothers belongings from his apartment since he passed away?

Answered 5 years and a month ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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None of you have a legal right to take any of his things absent a probate court order. You will likely need to work around the room mates schedule if you intend to do so anyways. 
None of you have a legal right to take any of his things absent a probate court order. You will likely need to work around the room mates schedule if... Read Answer
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Yes. Non-renewal is not covered under the CDC rule, which has also been held unconstitutional.
Yes. Non-renewal is not covered under the CDC rule, which has also been held unconstitutional.

My ex girlfriend will not move out of my home.

Answered 5 years and 2 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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THIS is why you spend the money to HIRE a landlord lawyer to do the notice and sue for removal. 
THIS is why you spend the money to HIRE a landlord lawyer to do the notice and sue for removal. 
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This sounds like a room mate issue, and if so, you will have to sort this out with the room mate. You can ask the LL about accommodation but bad room mate choice is not the LL's concern,
This sounds like a room mate issue, and if so, you will have to sort this out with the room mate. You can ask the LL about accommodation but bad room... Read Answer

Can my landlord enter my property

Answered 5 years and 2 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Sorry - but "stressful" is not a basis to deny a landlord access to his property. You are obligated to allow reasonsable access. 
Sorry - but "stressful" is not a basis to deny a landlord access to his property. You are obligated to allow reasonsable access. 
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Its fact specific as to whether a judge would find such refusal unreasonable under Fla. Stat. 83.575. Its really matter of who wants to risk litigation and legal expenses over the issue. 
Its fact specific as to whether a judge would find such refusal unreasonable under Fla. Stat. 83.575. Its really matter of who wants to risk... Read Answer

what could be done?

Answered 5 years and 2 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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These issues are why you hire a LL lawyer to address these issues. Thats what you need to do. 
These issues are why you hire a LL lawyer to address these issues. Thats what you need to do. 

What can I do when the tenants broke the contract, demage the house and wants receive ! month deposit they Did

Answered 5 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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You shoud not be renting property as a landlord if you don't know what you are doing or can't deal with the stress of it. You need to retain, at some expense, a landlord attorney ASAP. 
You shoud not be renting property as a landlord if you don't know what you are doing or can't deal with the stress of it. You need to retain, at some... Read Answer

What can I do about untrue claims on a security deposit?

Answered 5 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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YOu can hire a lawyer to sue over this and try to force the LL to reimburse legal fees if you win. Otherwise, there is no real incentive for the LL to negotiate as they are just giving you your own money back if you win. The exposure to legal fees is the only thing that changes that equation. ... Read Answer
YOu can hire a lawyer to sue over this and try to force the LL to reimburse legal fees if you win. Otherwise, there is no real incentive for the LL... Read Answer

Can I sue my ex-landlord for turning the water off while I was living at her house

Answered 5 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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Possibly. The bigger issue the eviction on your record if you calim it was not a proper eviction.
Possibly. The bigger issue the eviction on your record if you calim it was not a proper eviction.

I need info on how to get rid of my daughter's squatting boyfriend before my Landlord finds out and Evicts Me

Answered 5 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   2 Answers
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Ummm 5 years is a little late to cry foul now....no? You brought all this on yourself by allowing this to start 5 years ago. Now the remedy is to spend a bunch of money hire a lawyer to sue for the removal the BF AND your daughter. Why? Because if she is a resident she has every right to have guests as she chooses and can simply keep inviting him to stay. You need to jettison both. There is no short cut here.... Read Answer
Ummm 5 years is a little late to cry foul now....no? You brought all this on yourself by allowing this to start 5 years ago. Now the remedy is to... Read Answer

Can a rental background check that finds one arresst with adjudication withheld turn down a rental application?

Answered 5 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   2 Answers
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Sure. They are not required to rent to you. What they can't do is unlawfully descrminate against you if you are in a protected class. By example, some criminal arrests might be suspect if they were nominal like weed possession for young black males applying. Why? Because there might be a disproportionate impact on your black males renting based on claims of racial profiling for such charges per HUD. In contrast, if you had a crack cocaine arrest or methamphetimine, sexual assault, burglary, etc........its the landlords call. ... Read Answer
Sure. They are not required to rent to you. What they can't do is unlawfully descrminate against you if you are in a protected class. By example,... Read Answer

Do I have the right to insist on one of my three options?

Answered 5 years and 3 months ago by Mark Tischhauser, Esq. (Unclaimed Profile)   |   1 Answer
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The answer is...NO. Unless working ice maker is specified in the lease, this is a non-issue regarding a rental. If the LL is "unreasonable" in your eyes, the remedy is to not renew the lease and move out. 
The answer is...NO. Unless working ice maker is specified in the lease, this is a non-issue regarding a rental. If the LL is "unreasonable" in your... Read Answer