Landlord And Tenant Legal Questions

Unless there is language in the lease saying otherwise, the landlord can restrict what is in common areas. That said, if there is a porch or other outside area assigned to a particular unit, you might be able to argue that area is part of leasehold. They cannot restrict cameras inside the unit.... 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

If the power is shut off, a court MIGHT (not will) find the LL has breached the lease and done a constructive lockout of the tenant. LL is legally obligated to pay the bill and failure to do so could be deemed a breach of the contract of lease. That said, tenant clearly had a duty to pay the electric bill and has breached the lease.... Read More

There is no such thing as pre-eviction. There is a notice to quit which is the first step in an eviction.\ If someone dispossessed you of the property without law. That is an illegal act. Was there a lease? What happened to get the notice to quit? be more descriptive in your reply so I can understand what happened.... 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

what you can do as smoking is banned under the lease, send written notice to the smokers and the landlord that, unless the smoking stops immediately, you will sue them both for nuisance nuisance claims permit collection of attorney fees, your landlord will not want this and should enforce the terms of the lease. a letter from an attorney should be sufficient. the smokers have a right to smoke but only outside. they have no right to smoke indoors, to the extent the term and condition is in the landlord's lease, they are obligated to enforce it as, otherwise, they are breaching YOUR lease because you relied on the no smoking clause as part of the lease. if you are in the tri-county area, I can try to help, otherwise, you will need to find counsel where you are.... 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

Fla. Stat. 83.56 and 83.51 address the water issue. In most instances, you are entitled to abate the rent or terminate the tenancy - but not to have a landlord pay for your hotel stay. Especially since is hard to claim that no running water due to a plumbing issue results in you needing to stay in a hotel. The landlord will point out that you could just have easily stayed in the apartment and used bottled water until the repairs are made. Especially over a 48 hour period. ... Read More

Every lease comes with a implied right of quiet enjoyment. This could be grounds for holding them in breach of the lease. You have to send them written notice to that effect. I assume most of the work is daylight hours for the real noise but your after hours enjoyment seems curtailed. Send the demand in writing and see how they respond.... Read More

The bedbugs are a breach by the Landlord LL of the Warranty of Habitability. You can send a writing demanding release from the lease or demanding, that if they do not release you, they have to fix the problem. Should they not fix it, you can take them to court and recover any money you spend fixing the problem. You can also send a writing telling them that you will be putting next month's rent in an escrow account until they fix the problem. If you say you will do it, you better do it. Since you are allergic, ending the lease makes the most sense. Good luck... Read More