Ian C. White's Answers

If i have been renting a home for 6 months thru a propity managment company n now we have jus recived a notice by mail that the

To further the answer given by Mr. Deason, you need to realize that an owner of property during a foreclosure action always has the right to redeem with the bank. This means the owner can payoff the mortgage. In other situations, the owner might be able to simply reinstate the mortgage by bringing all amounts current. Therefore, even in a foreclosure action, you still must pay rent to the landlord for your right to remain in possession of the property. I have also seen language in certain...

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How long does it take to evict a tenant/roomate who isnt paying rent?

I take it by your posting that you are actually the landlord in this situation even though you are also the person's roommate. The process to evict is fairly simple, but you have to proceed under FL Statutes, Chapter 83. I have posted a guide on evicting a person in FL that you should take a look at. I am also presuming you will be filing as an individual and not under a company name. If you own the property under a company name, then you can still file without using an attorney, but...

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Landlord violated terms of lease regarding my security deposit. What steps do I need to take?

In addition to the advice already provided, when you contest the damages alleged by the landlord, also state that you expect a full refund of your deposit. There is no need to get into the fact that the landlord did not follow the proper procedure for mailing the claim letter via certified mail at this time. The good news is that you received a large portion of your deposit back which is better than most I hear about. The decision you may have to eventually make is whether it is worth your...

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Can my roommate sublease without my permission/

A lot depends on what your lease states. It is standard for there to be language allowing a sublease so long as it is approved by the landlord. However, your situation may require the other roommates to agree as mentioned in the other answer to this post. I'm in Tallahassee and will be happy to discuss further with you by phone on Monday (4/30). I do represent a few landlords in Tallahassee, so before we get too far into this, I'll need to know who your landlord is. Don't post it on Avvo....

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I recieved a 5 day summons because i am being evicted. If i make a court date how long will it take til I have to be out?

The summons you received will inform you that a response must be filed with the Clerk within 5 days (exclusive of holidays and weekends). If the eviction was for non-payment of rent, Florida Statute 83.60(2) requires that you deposit all rent alleged due in the eviction complaint with the Clerk. The only way to avoid paying the rent right away is to file a motion along with your answer (or somehow incorporated within your answer) a request to have the judge determine the actual amount of rent...

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

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...

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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

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...

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Landlord replaced carpet without informing us and wants us to foot the bill

A carpet generally has a 5-yr lifespan, and if it has to be replaced, the landlord should pro-rate based on how old the carpet is. It's similar to having to repaint the walls. How long were you a tenant at this place and do you know how old the carpet is? Assuming you filed your objection to the landlord's claim against your security deposit in accordance with F.S. 83.49(3), and you believe strongly that the charges assessed are incorrect or unjustified, you would need to file a small...

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

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...

In the state if Fl, can I sue my landlord for entering my house w/o prior notice.

Florida Statute 83.53 provides what is required by the landlord prior to entry. There are limited exceptions to notice prior to entry listed in this same Statute. However, the normal procedure is for the landlord to provide you with reasonable notice. Reasonable notice is defined to be 12-hours notice prior to entry. The time periods for entry are considered reasonable between the hours of 7:30 a.m. and 8:00 p.m. In the letter you refer to that was left on your counter, I presume it had...