Landlord And Tenant Legal Questions

You generally have the right to sue for breach of contract for any damages caused or enforcement of the lease terms. This is rarely an issue that allows termination of a tenancy under Fla. Stat. 83.56(1). Under Florida law, in most instances, air conditioning is not required for habitability and 84 degrees is not likely to be deemed a health threat by a judge. ... Read More

Sue the landlord for back rent in district court. Not entitled to rent if he has no renters certificate (look this up) or if the place isn't heated in winter. Demand a refund. Also, if they took a security deposit and did not tell you what bank account they put it in they broke another law. At this point you probably need a new place and should move out. Send them written notice they are in breach of the lease.... Read More

Since your former roommate didn't have a will, her estate will be distributed according to California's intestate succession laws. These laws dictate who inherits property when there's no will. As a roommate, you wouldn't be considered an heir under California intestate succession laws unless you were listed as a beneficiary in an undocumented will (not recommended) or had a formal agreement with your roommate regarding inheritance. We can help you understand your rights and options in this situation. * Advise on navigating the probate process if there are no immediate family members. * Guide you through potential legal claims if you believe you have a rightful interest in the property (based on any agreements with your roommate). Reach out for a premium consultation so that we can go over the specifics details of the matter to steer you in the right direction. It's advisable not to take long to take action.... Read More

Even though you may not have a lease arrangement, you are nonetheless obligated to proceed under the Landlord Tenant act.  That requires that you provide a Notice to Quit and, following expiration of that period, file a landlord tenant complaint in your local magisterial district justice office.  Alternatively, if you believe you are in physical danger, you can file a Petition for Protection From Abuse (PFA) which, if approved on a temporary basis, will result in his immediate eviction pending a final hearing and possibly permanent relief of up to 3 years. Finally, if you believe he is not properly caring for his daughter, you can contact your county Office of Children and Youth (OCY) who may begin an investigation and provide some relief as well as a better solution for the child. I trust this has been helpful but do not hesitate to call or email me on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read More

YOu need to hire a lawyer ASAP. You have some issues like violation of Fla. Stat. 83.67 where the LL may owe you for locking you out. As to the notion of paying 1/2 the rent while remining on the property the whole month, no one will belive that unless the person that told you that confesses to it or there is written confirmation for same. That said, the LL would have needed to have served a 3 day notice on you in December to properly allow an eviciton lawsuit. ... Read More

I am puzzled as to how a "corner of a piece of vinyl flooring coming up" evolved into a "safety hazard" requiring "several thousand dollars" of repair over the course of a little more than a year. It really begs the question, how did that happen? If the entire floor was in such bad condition when you moved in, you should've notified the landlord about the general condition of the floor. The landlord now seems to be treating the floor problem as something you created.  Be that as it may, you can still report the condition to the Building Department if you live in a borough of New York City by calling (212)639-9675. If the floor is found to be a building code violation, the landlord will be served with a notice of violation and you can start a housing court proceeding (an HP action) and the landlord will have to fix it. You may even get a rent abatement. If you want the repairs done at no cost to yourselves, you'll need to let in inspectors and repair people regardless of whether they're masked. Since you're immune compromised you can always wear your own masks and ask everyone to keep their distance from you. But you can't force anyone to wear a mask.  You haven't said whether the landlord or super came into your apartment to inspect the floor, or just the flooring company, and whether you or the landlord arranged the company. But I'm guessing that neither the landlord or super has been in your apartment because they won't wear masks. That would be entirely understandable if it were April 2020, but it isn't. If it comes out in the course of a court hearing that you refused to give access for repairs or inspections because workers or inspectors wouldn't wear masks, there's no guarantee a judge wouldn't throw out your case.  You can always stay in another room while repairs are being made or conditions inspected.You can also call around until you find a company or repair person willing to do the repair at a reasonable cost, and pay out of pocket. Just because you were told by one company the repair will cost thousands of dollars doesn't mean it should. As for the landlord's demand for a $2800 deposit, that defies logic. If you choose to hire someone to repair the floor, make sure they're insured and don't alert the landlord.   ... Read More

If the new lease has been signed, he cannot evict unless he has cause. If you are late on the rent but always pay along with any late fees, the landlord does not have the right to evict. As long as you can show monthly rent always getting paid, he has no right to evict but you might have to be able prove it in court. So records of payments is key. Landlords can make your life miserable so you options are: fight him through the year and know you will not get renewed next year or make a plan, find a new place and tell the Landlord when you find a new place and change the lease month to month (has to be in writing) until you find a new place.   best of luck to you... Read More

You won't. Your non-payment of rent is likely in violation of Fla. Stat. 83.60 and Fla. Stat. 56(3). None of what you described would support witholding rent. That said, if you are looking for a lawyer to "do lawyer work" like set out a "good written argument" to try to overcome those issues, you will have to plan to PAY and HIRE a lawyer for that. Thats what lawyers do for a living. That said, if you qualify, you can try local legal aid to see if they can help you, but be prepared to be told that you wrongfully withheld rent and are subject to eviction if the LL did his part properly. That aside, if the LL "changed the locks" to lock you out of the property without a writ of possession being issued, you might have a remedy under Fla. Stat. 83.67. It won't stop an eviction nbut you might be entitled to seek damages. ... Read More

You are not obliged to keep your tenant forever, but you can't start an eviction until Jan 5. Assuming your tenant is month-to-month and not in the middle of a lease term, you'll need to serve a 60 or 90 day notice to quit depending how long your tenant has been there. If the tenant doesn't leave after being served, you can start a holdover proceeding. While you cannot collect rent while you're in the middle of a holdover eviction, you can demand "use-and-occupancy" in your petition, which is the market rental value of the apartment, and get a money judgment for the same. If the tenant attempts to delay the eviction, you can ask the judge to order the tenant to pay use & occupancy to the court or directly to you as a condition of a second adjournment, while the eviction is pending.... Read More

Please go to floridalawhelp.org This is a website which will direct you to the Legal Aid agency in your community. Public housing is a very specialized field that private lawyers normally don't do  but Legal Aid agencies do and have the expertise necessary to practice in the field. In the future,  if you have legal questions and your income is limited, check out Free Legal Answers, a program by the FL Bar to answer legal questions from persons with limited income. Make sure that the program is run by the American Bar Association (A.B.A.) There a lot of pretenders out there. It does not necessarily mean that you will get an answer. It is simply another resource that you may want to try.... Read More

Send the Landlord a letter- write NOTICE OF BREACH advise them they are in breach of the contract of lease for violation of the warranty of habitability. Tell them you are demanding they either repair the sewage issue or you are moving out, demanding the entire security deposit be returned.... Read More