Ian C. White’s Answers

Ian C. White

Tallahassee Landlord / Tenant Lawyer.

Contributor Level 9
  1. Landlord/Tenant: What is the statute of limitations on suing a tenant for damages.

    Answered over 2 years ago.

    1. Carol Lynne Zimmerly
    2. Ian C. White
    2 lawyer answers

    Did the tenant provide you with a forwarding address? I presume so since you state that the tenant is ignoring you. Your next course of action would be to file suit against the tenant in small claims court. If the tenant has moved out of the state of Florida, that won't be a problem. Just find out what county they now reside in (whether it's in Florida or another state) and get the former tenant served after you file the complaint. The clerk will automatically set the matter for a Pretrial...

  2. Security deposit back can he take funds out before i object in writing

    Answered over 2 years ago.

    1. Andrea Nyree Mosley
    2. Marshall C Deason Jr.
    3. Ian C. White
    3 lawyer answers

    I am presuming by your post that the landlord indeed sent the security deposit claim letter to you via certified mail within the 30 days you vacated and that the letter comlied with the requirements of Florida Statute 83.49(3)(a). It really isn't proper for a landlord to deduct the amount prior to your 15-day objection period. The aforementioned Statute requires the landlord to notify you of their "intent" to impose a claim; not that the landlord has already deducted and is sending you...

  3. Do I have any rights for an auto-parts theift that occured on the property of my apartment complex?

    Answered over 2 years ago.

    1. Ian C. White
    1 lawyer answer

    I'm not so sure you are at the level of being able to break your lease yet unless this happens to be a common occurrence and the landlord knows of the issue. Since the theft occurred in the parking area, I would first ask the landlord to provide a copy of his insurance policy to determine potential coverage for your damages. What you are faced with (on the damages aspect) is more in line with the services of an attorney that handles plaintiff's insurance work. Again, I'm not trying to...

  4. Do I have to leave my apartment when my landlord shows it?

    Answered over 2 years ago.

    1. Barbara Billiot Stage
    2. Andrea Nyree Mosley
    3. Ian C. White
    3 lawyer answers

    Florida Statute 83.53(1) requires that you allow a landlord access to your apartment after receiving reasonable notice (at least 12 hours prior). You can always waive this time period by allowing entry before 12 hours has elapsed from the notification, but a landlord can't make you leave when showing the apartment to prospective tenants. To keep the landlord from potentially abusing the showing of your apartment until 5/31, I suggest that you hold the landlord to the 12-hour notice...

  5. My mom gave us a gift of several thousand dollars from an inheritance she received from the death of my dad and brother.

    Answered over 2 years ago.

    1. Christine Goodson Forakis
    2. Joseph Franklin Pippen Jr.
    3. Ian C. White
    4. David Martin Beliveau
    4 lawyer answers

    By placing the funds into a joint account, you have comingled the gifting received by your mom. My suspicion is that the monies left over will have to be split equally with your wife.

  6. Time length for notice of Inspection?

    Answered over 3 years ago.

    1. Ian C. White
    1 lawyer answer

    Florida Statute 83.53 provides that 12 hours is considered reasonable notice and entry should be made between the hours of 7:30 a.m. and 8:00 p.m. Most of the time, depending on the number of apartment units a landlord or management company deals with, they will prepare a monthly newsletter and within this newsletter is a notice of regularly scheduled inspections, pest control, etc. When done in this fashion, no separate notice is required because you are already deemed to have been given...

  7. Can my landlord turn my power off for late fee's florida

    Answered over 3 years ago.

    1. Ian C. White
    1 lawyer answer

    What you are describing is a form of "self-help" eviction. A landlord can't do this. You actually have an action against the landlord for tampering with your breaker. Your remedy is to file an action in court. I would advise you obtain a local attorney to assist you on this. Florida law allows the reimbursement of attorney's fees if you become the prevailing party. If you can't afford an attorney, talk with your local legal aid and they might take on the case if you qualify. Also, if you...

  8. Landlord entry w/o permission

    Answered over 3 years ago.

    1. Ian C. White
    1 lawyer answer

    FL law allows a landlord to enter if giving you prior notice. Look at Florida Statute 83.53. Based on the facts you have given, I believe the landlord gave you proper notice to enter. Plus, you first requested the item from the landlord and the landlord is merely complying with your request. The only aspect of the entry that would not be proper is if they attempted to enter outside the hours of 7:30 a.m. or 8:00 p.m.

  9. I deducted the cost of towing from my rent because leasing agent told me to park wherever. Can they give a 3day notice to move??

    Answered over 3 years ago.

    1. Ian C. White
    1 lawyer answer

    One question would be who contacted the towing company. If it's a situation where a towing company has free will to travel into the complex and tow vehicles that are parked in a tow zone, you have a problem. It really would be no different if someone in the office for the landlord told you to park in one of the handicapped spots. As for the 3-Day Notice, does it just ask for rent or does it also include the late fee? Late fees can't be included in a 3-Day Notice unless those fees are...

  10. Landlord didnt tell me where my sec. depo. was being held. am i entitled to it back in full now?

    Answered almost 4 years ago.

    1. Ian C. White
    1 lawyer answer

    When you moved out did you provide the landlord with a forwarding address? If you did, Florida Statute 83.49 requires that a landlord send written notice to you with the amount they are claiming against your security deposit. This notice must be sent within 30 days after you vacate. However, if you don't provide the landlord with a forwarding address, the landlord isn't bound by the 30-day timeframe. In that situation, you would want to mail a letter to the landlord with a request for your...