Category Archives: Landlord Tenant
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 »
How Can I Get Out of a Lease Without Penalty?
Most lease agreements are signed as fixed-term rental leases. The lease states the duration of the tenancy, which is usually one year. Moving out or getting out of a lease before the expiration of the fixed term may lead to serious consequences, such as continuing to pay rent due until the end of the… Read More »
Florida’s Eviction Moratorium Is Expiring & CDC’s Federal Eviction Moratorium in Question: What Options Will Tenants Pursue?
With Florida’s eviction moratorium expiring and Paycheck Protection Program funds running out, more and more tenants are finding that they cannot pay rent and turning to other options, such as the Centers for Disease Control and Prevention (CDC)’s federal moratorium and/or declaring bankruptcy, which halts eviction proceedings. Still, both commercial and residential eviction filings… Read More »
Department of Housing and Urban Development, Fannie Mae, Florida, And Freddie Mac Extend Eviction & Foreclosure Moratorium Through End of 2020
The history of COVID-19 moratoriums on evictions and foreclosures at both the state and federal level has been confusing, and led many to consult with landlord-tenant and foreclosure defense attorneys in order to understand what to expect and ensure that they are legally protected. Below, we discuss the latest developments at the state and… Read More »