Category Archives: Landlord Tenant Law

When Is A Person A Tenant?

Situations arise where a landlord – tenant relationship is entered into when either one of the parties or both of the parties do not realize it.  A transient tenancy as defined by Florida law in the Florida Statutes as an … Continue reading

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Landlords Should Keep Saftey First

When you deal with landlord-tenant law, a majority of the time it is based on nonpayment of rent. Typically the answers to most landlord questions rely on the law and its’ application to their situation. Every once in a while, … Continue reading

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Background Screening

Many Associations have provisions requiring any new resident (an owner or tenant) to go through a background check prior to moving into the Association. It is something most Associations should think about to help protect their residents from violent offenders … Continue reading

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Eviction with Damages – Count II

Most landlords have heard of a Count II eviction, but many are not sure what it means or why they would want to file such an eviction. The standard eviction typically only sets forth one count in the eviction complaint … Continue reading

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When should a landlord decide to evict a tenant?

I tend to come across landlords who just do not know when to say when in relation to tenants not paying rent. The standard time table for an eviction in Florida (for nonpayment of rent) is about 30 days. So … Continue reading

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What A Landlord Should Not Do.

I come across many landlords who believe that they are in the right for doing things such as changing the locks on their tenants, shutting of utilities or removing a tenants possessions, because the tenant is behind on rent or … Continue reading

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Landlord’s Right to Access

There are situations where a lease between a landlord and tenant does not address the access for a landlord to the unit. Florida Statute 83.53 states that a tenant shall not unreasonably withhold consent to the to the landlord for … Continue reading

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Termination of a Tenancy Outside of a Lease

Many times I come across landlords who find themselves in a position where the lease they entered into with their tenant has expired, and they are wondering where that leaves them in terms of how to terminate their tenancy and … Continue reading

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Security Deposits and Residential Leases

In the case of most leases, the landlord typically requires that a tenant pay a security deposit. I receive questions all the time as to how the security deposit must be treated. The first thing is that the landlord must … Continue reading

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