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Landlord/Tenant/Eviction

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  • /Category ' Landlord/Tenant/Eviction '

Congress Reinstates Protecting Tenants at Foreclosure Act

Congress recently reenacted the “Protecting Tenants at Foreclosure Act” (PTFA) on May 24, 2018 which had expired as discussed here at the end of 2014 after running from 2009-2014.  The PTFA went back into effect June 24, 2018. Per the ...

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  • 07-31-2018
  • Foreclosure , Landlord/Tenant/Eviction
  •  0 Comments
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  • 30 day notice , 83.561 , 90 days notice , foreclosure , month-to-month tenant , pfta , protecting tenants , protecting tenants at foreclosure act , tenants after foreclosure

Tenants MUST Send A 7 Day Notice Before Claiming Less Rent Due in Eviction

There are many common misconceptions the public has about eviction.  The most common issue we see is one regarding repairs; namely landlord’s refusal to repair the property. As a tenant you must be EXTREMELY careful and follow ...

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  • 06-25-2016
  • Landlord/Tenant/Eviction
  •  0 Comments
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  • 7 day notice , breach of lease , Eviction , failure to repair , landlord , tenant

Landlord/Tenant Series: My Landlord Issued A Notice of Non-Renewal of Lease/Wants Me To Sign a Lease/Wants to Raise My Rent?

Another common question comes from tenants who are fighting with their landlords over issues when tenant is a month-to-month tenant (under no written lease); or that tenant is under an expiring lease that the landlord will not ...

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  • 01-29-2016
  • Landlord/Tenant/Eviction
  •  0 Comments
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  • Eviction , landlord , lease , month-to-month tenant , rent , rental agreement

Landlord/Tenant Series: What Do I Do If My Landlord Isn’t Making Repairs?

It happens often.  You are a tenant and have something break or get damaged in your rental property.  Who is responsible to fix it should be your first question.  This will require you to look to your lease.   ...

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  • 01-28-2016
  • Landlord/Tenant/Eviction
  •  0 Comments
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  • Eviction , landlord , repairs

New Statute 82.045 to Remove Guest Who are NOT Tenants.

This used to be a huge problem whereby a tenant or owner would have to go through a formal eviction or unlawful detainer to remove someone from their property who never paid any rent and was not a tenant.Now, a new statute requires ...

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  • 11-06-2015
  • Landlord/Tenant/Eviction
  •  0 Comments
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  • Eviction , Florida , landlord , occupant

Co-mingling Security Deposit by Landlord Carries No Legal Penalties

A Sarasota County Court has ruled that although it is a violation of Florida Statutes 83.49(1)  for landlord to co-mingle the security deposit with operating funds,  the statute provides no penalty for such violation.   ...

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  • 07-27-2015
  • Landlord/Tenant/Eviction
  •  0 Comments
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  • Eviction , landlord , penalty , security deposit

Case Dismissal Overturned When No Opportunity Given to Landlord to Cure Defect

In a concept previously discussed here, a dismissal was recently reversed in on appeal Miami-Dade when the circuit court sitting as an appellate court to the lower county court determined that the county court had failed to give ...

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  • 06-25-2015
  • Landlord/Tenant/Eviction
  •  0 Comments
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  • cure , Eviction , landlord , rent

Landlord Who Towed Vehicles Not Liable

Landlord  towed  two cars and a SeaDoo belonging to the tenant from the leased premises.  At trial the court found that this violated 83.67 “Prohibited practices.”   The landlord appealed, arguing that the ...

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  • 05-05-2015
  • Landlord/Tenant/Eviction
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  • landlord

Failure to Pay Rent into Court Registry in a Florida Eviction is an Absolute Waiver of Defenses Other Then Payment

In an eviction action out of Miami-Dade County, Judge King denied a defendant’s motion to dismiss and request for hearing as defendant/tenant has failed to pay rent monies alleged as owed into the court registry, and had not asserted ...

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  • 05-05-2015
  • Landlord/Tenant/Eviction
  •  0 Comments
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  • court registry , damages , Eviction , former tenant , motion to dismiss , rent

Another Example How Failure to Deposit Rent by Tenant Into The Court Registry Gets a Case Dismissed, This Time on Appeal

On appeal the Circuit Court in Pinellas County, the appellate court upheld a default final judgment of eviction by the lower court when tenant failed to dispute the amount of rent alleged in the landlord’s complaint was in error or ...

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  • 05-05-2015
  • Landlord/Tenant/Eviction
  •  1 Comment
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  • court registry , defense , failure to deposit rent , landlord , payment , rent
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