Category Archives: Landlord Tenant
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 »
Can A Landlord Deduct From A Security Deposit For Normal Wear And Tear?
Most landlords in Florida require tenants to pay a certain amount of money upfront before giving them keys to their rental apartment or house. That amount of money is called a security deposit. Landlords can deduct certain amounts of money from a security deposit to compensate for the damages to the property caused by… Read More »
What to Do if My Landlord Refuses to Return a Security Deposit?
Most landlords require a security deposit in addition to the first month’s rent. While collecting a security deposit, which is a refundable sum of money, is standard practice when renting apartments, houses, or commercial properties in Florida, there are instances when landlords refuse to return a security deposit after a tenant moves out. If… Read More »
Can You Sue a Landlord for Discrimination When Screening Tenants?
If you think that your prospective landlord discriminated against you when “screening” you or reviewing your application, you could sue them for discrimination in housing. Landlords can legally screen potential tenants, but they must follow all applicable federal, state, and local discrimination laws. If you believe that your landlord discriminated against you, consult with… Read More »