Florida Landlord And Tenant Legal Questions

Unfortunately, leases generally don't work that way. Your "change in circumstances" does not allow a landlord to breach a lease and remove a tenant from the property prior to the expiration of the lease. You will need to find other lodging until the lease expires and make sure that you comply with the lease and Chap. 83 as far as informing the tenant that you will not be renewing the rental. You will need to retain a landlord lawyer to address whether there are some exceptions or other circumstrances to consider. ... Read More

Not unless the lease provides for such. You likely have the right to refuse any cosmetic upgrades until the end of the lease, where you leave. THis interefers with the warranty of habitability and reasonable use. If there are habitability repairs made, such as hurricane issues,  if they cannot be done inside of 7 days, you will need to retain a lawyer to send a "7 day letter" and then terminate the tenancy on the 8th day if the repairs are not completed. ... Read More

Under the facts provided, she is correct and its not because you are married. Its because she is a "co-tenant" on a rent to own contract. Yes, she can "take what she wants" because you are still married and its all, in theory, marital property. You will need to retain a divorce lawyer and likely move forward with the divorce proceedings to address all of these issues otherwise. ... Read More

You will likely need to retain a lawyer to sue for their removal. You can use the find a lawyer feature for this. If you try this on your own you might make things worse and find yourself getting sued or even embroiled in a criminal case as people doing what you described are often unhinged. ... Read More

Possibly. You will need to retain a lawyer to review all of the details of the RTO agreement. With real property there might be issues such as his ability to convey the title to you if the property was also owned by the wife and the probability you will be going through a probate situation to resolve this. ... Read More

Unless the deisgnated parking is written in the lease, you likely have no right to it. That said, if you are legally disabled you might retain a lawyer to do an ADA reasonable accommodation demand to designate a spot for you to park at or to place ADA parking closer to your residence. YOu might seek out legal aid to assist if you are eligible. ... Read More

You will need to hire a lawyer to respond to the lawsuit as to your rental interest in the property. Otherwise, if you fail to file a timely response, you will be defaulted (lose) and may be subject to whatever ruling is issued by the court without futher notice and without any input on your behalf. ... Read More

False pretense and forgery are very difficult and expense "defenses" to an eviction lawsuit and in most such cases inconsistent with such claims. By example, if the LL sues for eviction to recover possession of the property, arguing that the rental agreement is forged, simply reinforces that the tenant likely has no right to stay in the property, and should be evicted on demand. You will need to retain, not consult with, a lawyer ASAP as eviction cases have very strict and specific time frames for response that can result in eviciton simply because th tenant does not follow the rules. ... Read More

There is no means to answer this with the facts provided. If you have concerns try contacting local law enforcement or legal aid about whether they think you qualify for a restraining order. That said, while you might be able to have him removed from the property for a short period of time, unless he is incarcerated, he may ultimately be able to return to the property because he is an equal owner of the property. You might want to discuss either buying his interest inte the trailer or possible selling yours to him, or selling in general and spliting the profits - so that you can each find a place to live away from each other. ... Read More

You will likely need to spend some money out of pocket to hire a lawyer to intervene and address this with the landlord. As a general rule, it is very difficult to sue a landlord to force them to evict another tenant for a variety of reasons. The typical remedy would be to sue the offending neighbor but that is often an expensive and complicated case simply because most residential tenants are "judgment proof" for money damages and judges require a very high level of proof in regard to issuing injunctions against co-tenants. You better bet is to hire a lawyer to try to use the unruly tenant as a basis to terminate your tenancy and allow you to move elsewhere. Use the find a lawyer feature to retain a lawyer for this purpose ASAP. ... Read More

Its arguable that this might be a violation of Fla. Stat. 559.72(7). The real issue is if you have the money, witholding payment under a 3 day notice is a bad decision and forcing the issuance of a 3 day notice baits both an eviction and an angry LL to deal with. If you have a 3 day notice served, that typically places you in the role of wrongful party not victim, because it starts with you breaching the rental agreement and being provided a last opportunity to pay the rent before eviction. Trying to pursue or leverage an FCCPA violation of nominal value is not likely a good trade off for an eviction. ... Read More

This is an issue between you and your fiance to work out. Otherwise, trying to sue the future mother inlaw for removal from the apartment is likely to result in an EX-fiance and a lot of drama. That said, you need to review your lease with the fiance as most of them prohibit allowing others not on the lease to move in for any length of time and it creates a clear risk that the LL may sue all of you for eviction. ... Read More

You will need to retain a lawyer to intervene on this. You can try to sue for removal but the problem is the sister has equal right to you so thats not likely to be productive. You will either need to sue the sister for damages in the form of your share of market value rent or file an action for partition of the property. ... Read More

It all depends on the details and the LL position. This governed by Fla. Stat. 83.53. The bigger issue is what are the damage and whether its worth the expense to hire a tenant lawyer to intervene. As a general rule, when you borrow a property from an owner under a rental agreement, there will be multiple people that have access to your unit via a master or held key. One remedy is to install internal security cameras that would document any improper intrusion. ... Read More

Not likely but this revolves around the terms of the rental agreement. That said, the property owner would typically be the one to raise issue with them not retrieving it. The property owner would be wise to retain a lawyer to try to leverage a pick up of the item under threat of  asserting storage charges and potential sale of the shed. ... Read More

There is no "pro-rated  rent" for breach of lease. Rent is paid for the month on a month by month basis. When a lease is terminated, the remaining days on that month are simply forfeit. Whether they can keep the deposit depends on compliance with Fla. Stat. 83.49 and the reasons claimed by the LL. ... Read More

There is a whole lot misisng in this situation. That said, its a solid bet you will not be getting the 3x rent before May 1 unless there is a direct court order stating otherwise. You will likely need to address this with the court and should contact legal aid to address any further issues or retain a private lawyer to address the issues with the court. ... Read More