Category Archives: Landlord Tenant
What Happens When My Former Landlord Keeps Part Of My Security Deposit?
Many residential leases require the tenant to pay a security deposit to the landlord. Florida has specific laws governing such deposits. Under Section 83.49 of the Florida Statutes, the landlord must hold the deposit money in a separate bank account or post a bond with a Florida circuit court guaranteeing the landlord’s compliance with… Read More »
Is COVID-19 A Justification For Breaking A Residential Lease?
The COVID-19 pandemic has caused substantial disruption to the normal functioning of society. Many people were forced to change their employment, educational, and living arrangements as a result of the ongoing public health crisis and its associated restrictions on daily life. At the same time, however, the courts have not treated the pandemic as… Read More »
Is An Oral Modification Of A Written Lease Enforceable In Florida?
When it comes to any sort of business agreement, it is always best to get it in writing. This applies not just to an original contract but any subsequent modifications. While the parties to a deal may later reach an “oral understanding” to modify an existing written agreement, enforcing such promises in court can… Read More »
When Is Summary Judgment Appropriate In A Florida Eviction Lawsuit?
In Florida, a landlord may seek to evict a tenant if they fail to pay rent or otherwise fail to comply with the terms of their lease. If the tenant does not voluntarily leave, the landlord must then file a civil lawsuit for “possession” of the rental property. This means the tenant is also… Read More »
Can My Landlord Charge Me For Repairs?
It is not uncommon for landlord-tenant disputes to arise when a landlord is trying to charge a tenant for repairs. But when can your landlord make you pay for the repairs? Typically, landlords are responsible for performing and paying for repairs on their rental property, especially when the repairs are related to wear and… Read More »
How Florida Law Can Cripple A Tenant’s Possible Defense To An Eviction Proceeding
When a Florida landlord initiates an eviction proceeding–i.e., files a lawsuit for “possession of real property”–the tenant must pay any unpaid rent allegedly owed into a court-supervised registry. If the amount is in dispute, the tenant can ask the court for a determination of rent. But unless the tenant’s defense is that they actually… Read More »
When Does A Landlord-Tenant Relationship Exist Under Florida Law?
Florida law provides various protections for both landlords and tenants in a rental relationship. Of course, this assumes a landlord-tenant relationship exists in the first place. In most cases, this is easy enough to prove–a landlord signs a written lease with the tenant. But there are situations where the existence of a landlord-tenant relationship… Read More »
How COVID Moratoriums Do Not Protect Against All Eviction Actions
The COVID-19 pandemic created a lot of legal issues for residential landlords and tenants alike. In July 2020, the governor of Florida issued an executive order that suspended all eviction proceedings arising from “non-payment of rent” by a tenant “adversely affected” by the ongoing emergency. That order expired on October 1, 2020. Separately, the… Read More »
What Happens If I Can’t Pay My Rent? Will I Be Evicted?
Many tenants end up in a situation where they cannot pay their rent. But does it mean that you will be evicted if you get behind in your rent due to a legitimate excuse such as the loss of job, injury, illness, or others? Since each situation is unique, it is advisable to consult… Read More »
How To Report A Bad Landlord In Florida?
Landlords have a legal duty to keep the rental in a fit and habitable condition. However, not all landlords comply with or even know the law. If your landlord fails to maintain the rental property in a reasonably safe, habitable condition, you may have to report the landlord to the appropriate agency. But how… Read More »