Ask a Question

Get free answers to your Landlord - Tenant legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Landlord - Tenant Questions & Answers
Q: Received cease and desist from HOA about tenant marijuana use; should I share proof of notification email?

I received a cease and desist letter from my HOA attorney, stating that my tenants have been smoking marijuana, affecting other homeowners. Other homeowners have mostly made verbal complaints, with one formal written complaint. My lease does not specify terms regarding smoking or drug use. I have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 8, 2025

yes, you should share the notice to your tenants. There's no privacy concerns. As the owner of the unit, you are the one whose life the HOA can make most miserable, and financially difficult. It makes no sense to not cooperate with the HOA.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Tenant incarcerated, how long before property is considered abandoned?

I'm a landlord and my tenant is currently incarcerated, serving a 5-15 year sentence, and has been in jail for 6 months. We had a month-to-month oral lease agreement. I've attempted to contact the tenant about their belongings and they expressed not wanting their family to have them. How... View More

Jacqueline Alicia Salcines
PREMIUM
Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2025

Florida statutes states that if the tenant is absent from the property for half the time of the term, then it can be considered abandoned. So if the tenant pays from month to month and has been gone for 15 days, then it is considered abandoned. In this case however since you know the tenant is in... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: How should I handle a tenant's request for refund of security deposit after breakup and not moving in?

I am a property manager in Florida and recently faced a situation regarding a security deposit. I received a security deposit in March from a prospective tenant to secure an apartment that I was preparing. After turning over the apartment, it was ready by April 16th. The prospective tenant delayed... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 6, 2025

You have to have the landlord consult with a lawyer to figure it out. You cannot provide legal advice to the landlord and you should not be making legal decisions for the landlord.

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Criminal Law for Florida on
Q: Can I sell a commercial property with a non-paying tenant in Florida?

I want to sell a commercial property in Florida, but there's a tenant on the property who has never paid rent for the past three years. There is no formal lease agreement, and I suspect the tenant, who is a felon, may have forged one. Can I proceed with the sale while I need to evict this tenant?

Jacqueline Alicia Salcines
PREMIUM
Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2025

If you never had a written agreement then you need to ask the buyer whether they want to purchase with a tenant in possession or not. If yes they will want a new lease but they can prepare it after closing. If they don’t then it’s your responsibility to make sure he is out prior to closing.... View More

View More Answers

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Florida on
Q: Apartment uninhabitable after fire; charged rent despite not accessing unit. Legal steps to address this?

I signed a lease for an apartment on April 1, 2025, and moved some possessions in on April 5th. That evening, a fire rendered the apartment uninhabitable, which the leasing office acknowledged. I was offered to terminate the lease or wait for repairs. When I opted to wait, I was later told I needed... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 23, 2025

Sounds like you owe the rent April 1 - April 5, at a minimum. If you elected to wait, your lease remained in effect. Apparently upon closer inspection, it was determined that you could not wait - the damage was too severe, and the lease terminated then. Perhaps that's 2 weeks between April 5... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Real Estate Law for Florida on
Q: What to do about wrongful disposal of ashes and valuables after car towing?

Three months ago, my landlady had my car towed with my deceased wife's ashes and other valuables inside while my husband was in the hospital, despite being informed of the contents. She claimed it was due to unpaid rents and threatened legal action if contacted further. What can we do next... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2025

Your post is confusing because you refer to your deceased "wife's" ashes, then refer to your "husband" in the hospital. In any event, regarding a landlord towing a vehicle from the premises, the first issue is whether the lease (if any) and any accompanying written rules... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Can I be evicted in FL for being 4 days late on rent, considering a 6-day grace period?

I was late with my rent payment by 4 days due to an issue with automated payment processing following a new lease recertification. My lease allows for a 6-day grace period. I haven't received any written notice but was verbally warned about potential eviction. Can I be legally evicted in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 22, 2025

Yes. Your rent is due when its due. The grace period applies to the imposition of late fees. Most landlords are not going to whack you on an eviction for being late once and you pay within the grace period, if you've otherwise been a good tenant.

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: What are my legal rights if the owner sells the property while I'm living there under a verbal rent-for-work agreement?

I have been converting a house into three apartments under a verbal agreement for about a year. My rent was paid through the work I was doing on the property. The owner suddenly informed me that they sold the property and I need to leave, but I have received no formal notice. What are my legal... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 21, 2025

You would be considered a month to month tenant and subject to eviction if you do not leave once you are given proper notice. While an eviction might take a few weeks, you could be considered a holdover tenant and subjected to double rent. The judge would impose market value rent.

3 Answers | Asked in Landlord - Tenant, Small Claims and Real Estate Law for Florida on
Q: How to respond to unlawful detainer in FL without prior notice?

In Florida, I've been served an unlawful detainer without receiving prior notice. My landlord removed my belongings, locked them up, and the deputy sheriff intervened, stating eviction would need a proper process. I’ve documented rent payments and have evidence of belongings’ damage. I’m... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 11, 2025

Unlawful detainer and eviction are 2 similar but completely different causes of action. In an eviction, you are required to be given notice. There is no notice in an unlawful eviction action. A small claims action on your part is absolutely incorrect. I urge you to seek an attorney's help... View More

View More Answers

2 Answers | Asked in Landlord - Tenant, Civil Litigation and Real Estate Law for Florida on
Q: Facing eviction from mobile home park without lease agreement; landlord accused of accepting bribes. What are my rights?

I am facing eviction from my mobile home park for not painting a small dirt spot, lacking a handrail for four steps, and having a car parked near the house. There was no lease agreement when I purchased the mobile home. The park manager is unresponsive, and there are allegations among residents... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 26, 2025

I'm sorry to tell you this but you are a month-to-month tenant if you have no lease. You need to consult with a landlord/tenant lawyer right away to review the eviction notices are valid. This is not a problem you can resolve with internet advice and time is of the essence. If you were... View More

View More Answers

3 Answers | Asked in Landlord - Tenant, Foreclosure and Real Estate Law for Florida on
Q: How to get relocation funds as a tenant of auctioned property in Florida?

I have been living in a mortgaged property for five years, receiving mail and maintaining the place, but there is no formal lease agreement. The property is set to be auctioned on April 14, and the mortgage company has referred to me as an "unknown tenant in possession" regarding the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Mar 26, 2025

There is no such thing as a relocation fund for you. When the house is sold, the new owner will be entitled to a writ of possession (no eviction notice needed); the sheriff will serve it and you will be escorted off the property (and not be allowed to return unless you strike a deal with the new... View More

View More Answers

3 Answers | Asked in Landlord - Tenant, Foreclosure and Real Estate Law for Florida on
Q: How to get relocation funds as a tenant of auctioned property in Florida?

I have been living in a mortgaged property for five years, receiving mail and maintaining the place, but there is no formal lease agreement. The property is set to be auctioned on April 14, and the mortgage company has referred to me as an "unknown tenant in possession" regarding the... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 26, 2025

The assistance you are looking for is commonly known as cash for keys. There is no guarantee that you will receive it. However, your tenancy is protected under the Protecting Tenants At Foreclosure Act. If you have a written lease, it will be able to stay until the end of the lease term if you... View More

View More Answers

4 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 26, 2025

Since you are married, it would be better to file a divorce case so that you have the court to back you up. Currently, by virtue of being married, you both have a right to the property so there is no legal basis to put him out or remove his belongings. Speak with a local family lawyer for more... View More

View More Answers

4 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Opal Phiona Lee
PREMIUM
Opal Phiona Lee
answered on Mar 26, 2025

Unfortunately, Florida law does not permit "self-help" evictions. Therefore, you cannot simply remove your spouse's belongings and "evict" him. Furthermore, since you are married, there may be some marital component to the property. Therefore, it is best you schedule a... View More

View More Answers

4 Answers | Asked in Divorce, Landlord - Tenant, Family Law and Real Estate Law for Florida on
Q: Can I remove my husband and his business from my sole-owned home in Florida?

I own the house we live in entirely, and my husband has not contributed financially to it. We have run his business from my home. He has been unfaithful for years, and I want to end the relationship. He claims he has 30 days to vacate after being served, but he has his own vacant house, so he will... View More

Symantha Rhodes
Symantha Rhodes
answered on Mar 26, 2025

Even if the property is solely in your name, if it's considered the "marital residence," your husband may have certain rights to it during the divorce process. Florida courts aim for equitable distribution of marital assets. Simply because he has not contributed financially does not... View More

View More Answers

5 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Mitchell Feldman
PREMIUM
Mitchell Feldman
answered on Mar 18, 2025

Negligent security is a real and recognized claim under florida law. These facts suggest the claim is worth consulting a lawyer. The property had a duty here to exercise reasonable care, and if there's a history of violent crime that would have required heightened security, cameras,... View More

View More Answers

5 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Mar 18, 2025

An apartment owner has a legal duty to protect any person that is rightfully on the premises from criminal attacks that are foreseeable. A criminal attack would be foreseeable if the apartment building was located in an area that experienced crime of this type in the past. If so and the building... View More

View More Answers

5 Answers | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I sue an apartment for lack of security after machete attack?

I was visiting an apartment building when I was attacked by intruders inside one of the units. I was hit in the arm and head with a machete. At the time of the attack, there was no security present, and the security cameras were not working. I ran to the police and made a report on the incident,... View More

James Clifton
PREMIUM
James Clifton
answered on Mar 18, 2025

Yes, you can sue the apartment complex/landlord. The non-working security cameras are a huge red flag and will likely impart liability on the landlord. If other similar crimes have occurred in the complex, this will further show the landlord knew of the danger and failed to protect the occupants... View More

View More Answers

2 Answers | Asked in Landlord - Tenant and Family Law for Florida on
Q: How can I remove my name from an unaffordable lease and solve my brother's living situation?

I'm 18 years old and unintentionally signed a lease under pressure from my mother, which starts on March 28th. I cannot afford it, and now I'm seeking to remove my name from it swiftly. The landlord is aware, and I've considered legal advice. My mother insists that my 16-year-old... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 17, 2025

You are asking two separate questions, legally.

You have no legal responsibility to house your younger brother.

Regarding the lease, tell the landlord that you are canceling. Do not take possession of the property. You may lose any deposit that may have been made. Speak with a local...
View More

View More Answers

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: How do I evict squatters from a property I purchased in Florida?

I purchased a property in Florida from my brother who had medical issues and can no longer stay there. Upon visiting the property, I discovered squatters living there. They claim there's nothing I can do to remove them. There is no formal lease agreement, and I have the deed to the property.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Mar 9, 2025

You can call the sheriff.

Florida Statute 82.036:

(2) A property owner or his or her authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to...
View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.