Ian C. White’s Answers

Ian C. White

Tallahassee Landlord / Tenant Lawyer.

Contributor Level 9
  1. Tenant rights to dispute a deposit on previous lease with landlord

    Answered over 6 years ago.

    1. Ian C. White
    2. Dennis Andrew Chen
    2 lawyer answers

    Well...the landlord is wrong in his response to you. Florida law requires a landlord to send you a notice in writing of their intent to place a claim against your security deposit. If you left a forwarding address, the landlord has to mail you the notice within 30 days of the date you vacated. Failure to do this bars the landlord from deducting any portion of your security deposit. This does not mean that the landlord can't come after it later in a small claims action against you. Once...

    1 lawyer agreed with this answer

  2. Landlord tenant laws in FL, lease agreement

    Answered over 6 years ago.

    1. Shawn C Newman
    2. Dennis Andrew Chen
    3. Ian C. White
    3 lawyer answers

    I'm not aware of any 24-hour recission period in Florida for this type of tenancy either. If your girlfriend was going to be residing in the dwelling with you anyways, the landlord would of had her sign as a permitted occupant. Therefore, as it stands now, just your girlfriend is bound to the lease. But, if you live there with her (which I suspect was the goal) the landlord is going to request you come into their office to get your actual signature. At least that's how it should occur....

    1 lawyer agreed with this answer

  3. Landlord tenant laws in FL state, final eviction notice provided by landlord

    Answered over 6 years ago.

    1. Dennis Andrew Chen
    2. Kevin Luis Deeb
    3. Ian C. White
    3 lawyer answers

    Was your eviction complaint merely for possession or did you have another count in it for money damages? I presume you were seeking damages as well since the tenant owed you funds. Were any monies ever deposited into the Court Registry by the tenant? You might want to check. Chapter 83 requires a tenant to deposit all rent due plus amounts throughout the pendency of a case along with a written answer to avoid a default. Many times I get tenants who deposit monies, file an answer, and I...

    1 lawyer agreed with this answer

  4. FL landlord tenant laws, tenant's rights to negotiate lease provisions, attorney fees and late payment fees

    Answered over 6 years ago.

    1. Dennis Andrew Chen
    2. Ian C. White
    2 lawyer answers

    My answer might be viewed as more pro-landlord since these are the typical landlord/tenant clients I represent. It is standard practice of mine to draft up a settlement agreement where an eviction has been filed, but the landlord/management company wishes to keep the tenant. Normally, this is a result of failing to pay rent on time and then after the service of the 3-day notice, you fail to pay all of the rent. The only thing you would want to check is to make sure the 3-day notice was...

    1 lawyer agreed with this answer

  5. TENANTS CLAUSE

    Answered almost 7 years ago.

    1. Ian C. White
    2. Charles Reiger Gallagher III
    3. Michael S ('Mike') Hagen
    4. Keith Robert Taylor
    4 lawyer answers

    I am not sure what you are referring to by the term "tenants clause". Are you referring to the fact that you and your mother were both on a mortgage together in the dwelling where you reside? Or...is this property being rented out to tenants and you have a question from a Landlord's perspective?

    1 lawyer agreed with this answer

  6. Tenant question

    Answered almost 7 years ago.

    1. John Michael Phillips
    2. Okorie Okorocha
    3. Ian C. White
    3 lawyer answers

    I would go back and look at your lease agreement. My position here is that the Landlord may be in default for failure to perform his duties to you by not being current on his mortgage payments. In that situation, if the default would apply, you might be able to provide written notice in accordance with the lease notice period that you are terminating your lease. If you are able to do that, it is important that the written notice state that you are terminating based on the Landlord's failure...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. Can my Landlord keep my security deposit even though I cleaned my apartment before I left?

    Answered almost 5 years ago.

    1. Eric Aaron Jacobs
    2. Ian C. White
    3. Scott M. Behren
    3 lawyer answers

    First and foremost, did you receive a letter via certified mail from the Landlord about the claim against your security deposit? If, after you vacated, you provided the Landlord with a forwarding address, the Landlord has 30 days to send you a letter via certified mail regarding the claim against your deposit. Failure to comply with this requirement will mean that you get all of your deposit back. This doesn't, however, mean the Landlord can't come after the alleged damages through a small...

    1 person marked this answer as helpful

  8. I sent a 3day notice to pay/vacate (certified mail ret rcpt req).The tenants ignored the delivery notice left by mailman on 5/20

    Answered almost 5 years ago.

    1. Ian C. White
    1 lawyer answer

    The better way to handle these situations is to send the 3-Day Notice to someone you know near the tenants and have it hand delivered or posted on the premises. When you mail the 3-Day Notice, Florida Law requires that you add 5 more days to the time period before it is considered served. Your pay/vacate date falls 1 day short of the cummulative time period. Therefore, you most likely have a defective notice anyway. Furthermore, Florida Law is specific on the minimum language that needs to...

    1 person marked this answer as helpful

  9. Is it okay to break a lease due to sewage leakage into the house and will I face any penalties?

    Answered almost 3 years ago.

    1. Barbara Billiot Stage
    2. Ian C. White
    2 lawyer answers

    I agree with the other attorney about seeking legal counsel for at least a consultation. Based on what you have posted, it looks as though you properly notified the landlord of the issue pursuant to Florida Statute 83.51, and they at least stopped the leak. If you have not also notified the landlord IN WRITING of the issue, please do so about the cleaning still needed and mention that it relates to the sewage leak. The residual affect makes living in the property unsafe until a properly...

  10. My landlord recently informed all tenants that all children would need to be supervised by parents while playing outside?

    Answered almost 3 years ago.

    1. Barbara Billiot Stage
    2. Ian C. White
    3. Rixon Charles Rafter III
    3 lawyer answers

    I had to deal with this issue a few years back. My client, a landlord, imposed something similar, but was directed at a specific tenant for issues by her children. Other tenants were complaining of verbal bad language and pushing by the problem children. My client sent the tenant a 7-day curable notice about the issue and required that she be present to supervise her children while on the playground. The tenant ignored the notice and her children repeated the bad language and pushing other...