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Tag: Eviction

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  • /Posts Tagged ' Eviction '

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

Newly Enacted Florida Statute 83.561 Protects Tenants in Foreclosed Homes

The Govorner of Florida has signed HB 779 into law creating Florida Statute 83.561, offering limited protections to tenants in foreclosed homes, including a 30 day notice the new purchaser is required to give to a tenant living in a ...

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  • 06-02-2015
  • Foreclosure
  •  1 Comment
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  • Eviction , foreclosure , foreclosure procedures , landlord , mortgage foreclosure , protecting tenants

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

Requirements to Impose Claim on Security Deposit by Tenant

While still in possession of a rental property, tenant filed a complaint to recover their security deposit.  The court in Volusia County dismissed the complaint for failure to allow the landlord time to comply with Florida ...

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  • 05-05-2015
  • Landlord/Tenant/Eviction
  •  0 Comments
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  • Eviction , landlord , notice , rent , security deposit

Florida Landlord Prevented from Evicting Tenant Due to Acceptance of Late Rent

Landlords be aware that your acceptance of rent after issuance of a 3 Day Notice in Florida may create a waiver of your ability to pursue eviction.  In Alachua County, a trial court court entered a final judgment for ...

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  • 05-05-2015
  • Landlord/Tenant/Eviction
  •  0 Comments
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  • Eviction , late rent , rent
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