There are many times when a tenant causes a problem for a landlord, but rarely do the problems get any worse than a tenant who is not paying their rent. The non-paying tenant often is much more of a liability than just the rent they are not paying....
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Even with a valid lease with the previous property owner a tenant may still have to vacate the property if the new owner does not wish to continue renting the premises. However, as a Florida renter you do have some protections...
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The News-Press recently ran an article about rental scams taking place in Ft. Myers and Naples and the efforts that are being done to protect renters and catch perpetrators committing fraud and...
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Renovations - Yes. Retaliation - No...
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Florida law protects tenants from Landlords who use self-help eviction tactics....
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How to avoid being scammed when using the classifieds and other resources for rental properties...
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If a creditor is suing for a debt, you may have more options than you realize...
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After a landlord initiates an eviction proceeding claiming that the tenant has failed to pay rent on time, the tenant must pay the disputed rent and the rent that accrues into the court registry. If a tenant is being evicted for failure to pay ...
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Don't call your landlord repeatedly, keep going to your landlord demanding your money, or send phsyical threats in text messages, letters, or emails...
more infoMoving can be a stressful process. However, preventing unnecessary disputes over your security deposit is a way to make the moving process easier. Landlords may deduct...
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A landlord cannot harass you, or bully you, into paying rent. As a tenant you are not to be abused by your landlord. Landlord harassment is a serious matter that you should seek legal counsel for...
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Renters are becoming the majority in many urban centers, and at the top of that list is Miami, Florida...
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The Fair Debt Collection Practices Act (“FDCPA”) is a federal law that was enacted to set limits on how creditors act when they are attempting to collect from a debtor. However, if you live in Florida you are afforded even more protection ...
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Landlords in Florida are generally required to give notice to their former tenants if they intend to impose a claim on their security deposit or keep it in its entirety. Florida Statue § 83.49 is very specific ...
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The most important thing to remember is that, in most situations, the money that you pay as a security deposit is still your money. Although you have to give up possession of the money and it seems like you no longer own that money anymore, you still have certain rights...
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In Florida there is no statutory limit on the amount a landlord can require a tenant to provide as a security deposit. This is seen as an amount that is fairly negotiated for before you enter an agreement and then agreed to once you sign the contract. Although not governed...
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What happens when you are unable to pay your rent, but rather than undertaking legal eviction proceedings your landlord decides that they will turn off your utilities or lock you out of the premises as an incentive to force you to leave? This is what is commonly called a self-help eviction...
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A small claims action in Florida for the return of a renter’s security deposit involves many issues, one of which is who has to prove what? Many times in our cases involving security deposits we receive calls from landlords or their counsel (if they have an attorney) who ask us to prove ...
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A rental agreement sets forth duties that should be carried out by both the landlord and tenant. These duties are laid out so that if one party breaches the other party will be able to recover under a legal remedy. However, what happens when a landlord never actually had the legal right to assume these duties and enter into a contract with a tenant...
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More rental communities and landlords are requiring an additional fee to keep an animal in your residence. Sometimes this fee is required upfront. This is often referred to as a pet deposit. Renters should be careful when reading the language of a lease in whether this fee is truly a deposit...
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There are many ways in which landlords can violate tenants’ rights and get into serious trouble with their tenants, perhaps the easiest is by misappropriating the tenant’s security deposit. Florida law authorizes your landlord to collect a security deposit to act as security for the faithful performance of the rental agreement. Many landlords collect a security deposit to...
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In our opinion nothing is more complex than determining when and how to withhold rent. Looking at the relevant Florida Statutes provides tenants with very little guidance. In fact it is barely even mentioned in the statutes, tucked neatly away 83.60(b). So what do we know for sure? We know landlords have a duty to ...
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The Tampa Bay Times reported recently of St. Petersburg city council member Steve Kornell who is seeking more oversight of big apartment complexes citing numerous habitability issues. Perhaps more disturbing is that residents within the units supposedly feel that if they report the issues they will be retaliated against. Florida Statute 83.64 specifically provides ...
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Interesting news in St Petersburg, Florida about an alleged property scam that has potentially left unsuspecting renters as victims. Without going into the allegations, there were several landlord/tenant related issues that came up. These included a landlord allegedly not fixing items in the residence...
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