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486 legal questions have been posted about landlord and tenant law by real users. 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.
Landlord And Tenant Questions & Legal Answers - Page 14
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Recent Legal Answers

Can I be evicted from my rental home of five yrs because current owner wants to give the property to a family member

Answered 4 years and 10 months ago by attorney Alan J. Goldberg   |   1 Answer
You do not have to voluntarily vacate your home. Your landlord must first serve you with a 90 day termination notice. After the notice expires your landlord will have to start a holdover eviction action against you in Housing Court. The entire process will most probably take close to a year. If your landlord wants you to vacate earlier,  he will have to offer to buy you out.... Read More
You do not have to voluntarily vacate your home. Your landlord must first serve you with a 90 day termination notice. After the notice expires your... Read More

LEASE QUESTION FOR AN APARTMENT

Answered 4 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
Not sure what the issue is - you gave notice you are leaving, which is presmably 15- 30 days, so not sure what you are expecting to accomplish? The security deposit gets dealt with after you vacate. 
Not sure what the issue is - you gave notice you are leaving, which is presmably 15- 30 days, so not sure what you are expecting to accomplish? The... Read More

Can a landlord/owner sell a condo someone lives in and has a 2 year lease and over a year lease left Do I have to let them show it

Answered 4 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 4 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 4 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 More

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

Answered 4 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 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 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 More
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 More

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

Answered 4 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   2 Answers
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 More

I need a lawyer for sueing property company

Answered 4 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 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 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 More
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 More

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

Answered 4 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 More

Can a landlord keep my deposit if I don’t move in the apartment

Answered 5 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 More

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 ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 More

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 ago by attorney Mark Tischhauser, Esq.   |   1 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, 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 More
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 More

what do I need to do

Answered 5 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 More

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

Answered 5 years ago by attorney Mark Tischhauser, Esq.   |   2 Answers
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 be asked to leave my apartment because the daughter of the landlady has decided to see the house I live in

Answered 5 years ago by attorney Alan J. Goldberg   |   1 Answer
You do not have to voluntarily vacate your apartment when the notice expires. Your landlord will have to start a holdover eviction action against you in Housing Court. You may have defeses which will prevent your eviction.
You do not have to voluntarily vacate your apartment when the notice expires. Your landlord will have to start a holdover eviction action against you... Read More

Landlord selling house we're renting in, can we be evicted with current eviction moratorium in place?

Answered 5 years ago by Lockey Elizabeth White (Unclaimed Profile)   |   1 Answer
If the reason for the eviction is other than nonpayment then technically an eviction is still possible under the current moratorium.  *However, if you can prove that they aren't really selling the house and that it is just a pretext to evict for nonpayment you may get a judge to agree.  **Even if a judge grants the eviction and writ of possession, law enforcement has to serve the writ and they have discretion as to when they serve it and how they force anyone out during a state of emergency.  Depending on how Covid is surging in the area, if evicting people creates any health and safety risk for others, it is up to law enforcement ultimately to decide if someone will be forcibly removed from their home during the pandemic state of emergency even if the judge grants the owners a writ of possession.... Read More
If the reason for the eviction is other than nonpayment then technically an eviction is still possible under the current moratorium.  *However,... Read More

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

Answered 5 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 More

I'm under protection of the cdc order now in court. My lawyer gave me a non renewal today does that mean even of they extend the eviction moratorium i

Answered 5 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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. 

I have signed a lease for an apartment in Florida. I have not moved in yet but the roommate says that the place has fleas. Can I get out of the lease?

Answered 5 years ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 More

Can my landlord enter my property

Answered 5 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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. 

Does a tenant have the right to refuse showing on the rental property during COVID, after the intent to vacate notice has been given?

Answered 5 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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 More

what could be done?

Answered 5 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer
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. 

If my landlord had us as a group of 5 sign an official lease which only 3 are on am I bonded to the unofficial lease that I did sign.

Answered 5 years and a month ago by attorney Hon. Max L Rosenberg   |   1 Answer
If there is a contract that you signed, you are bound to it unless the other party has breached its terms.  Official of unofficial, a contract is a contract. If you obligated yourself to the lease by signing this contract, than you must abide by ther terms of what you signed.
If there is a contract that you signed, you are bound to it unless the other party has breached its terms.  Official of unofficial, a contract... Read More

What if a dangerous person lives in an apartment building and threatens tenants?

Answered 5 years and a month ago by attorney Alan J. Goldberg   |   1 Answer
Your daughter's landlord is totally responsible to ensure your daughter's safety from this dangerous individual. The landlord's failure to fulfill it's obligations puts your daughter in to immediate danger. It appears that your daughter may have the right to claim constructive eviction and vacate the apartment without further lability.... Read More
Your daughter's landlord is totally responsible to ensure your daughter's safety from this dangerous individual. The landlord's failure to fulfill... Read More
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