Frank Bartolomeo’s Answers

Frank Bartolomeo

Orlando Landlord / Tenant Lawyer.

Contributor Level 8
  1. Harrassment by Prop Mgr on the 1st of every month although we have NEVER been late in paying monthly rent.

    Answered over 3 years ago.

    1. Frank Bartolomeo
    1 lawyer answer

    The conduct of the property manager must remain below the threshold of harassment. I do not know of any law that would prevent her from asking for the rent on the first. However, if her conduct becomes invasive and harassing, there may be other issues at play. As a tenant, you are entitled to quiet enjoyment of your property- it is an inherent right that comes with your tenancy. If the conduct of the property managers becomes harassing, and she breaches your rights to quiet enjoyment, you may...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  2. EVICTION for retaliatory reason. My Oct rent, paid on the first has been returned on the 12th of oct. what should I do. No Esq!

    Answered almost 4 years ago.

    1. Frank Bartolomeo
    1 lawyer answer

    The first question I will need to know is if you have a written lease for a period of time? If you do, you can wait until the landlord files and serves you with actual eviction paperwork, issued by the local county clerk. Once served, you can respond to the complaint, and ask the court to set a hearing on the issues. That will give you your "day in court" where you can provide evidence that the alleged violations did not occur, or were not curable. A judge will hear the case, and determine who...

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  3. If an individual was staying with someone, how long does that individual have to live there to be considered a legal resident?

    Answered over 3 years ago.

    1. Frank Bartolomeo
    1 lawyer answer

    Tenancy is determined by conduct, not any particular period of time. If your friend has paid any rent or other costs associated with the residence, then he may already be, in the eyes of the law, a legal resident. Factors could also combine to end up with a determination of legal residency by a court, such as conduct of the parties, amount of time, lack of other residence, receiving mail at that address, etc. The strongest factor would be payment of rent or utilities but other factors will come...

    1 person marked this answer as helpful

  4. What rights do I have as a tenant living in Leon County, Florida?

    Answered almost 4 years ago.

    1. Frank Bartolomeo
    1 lawyer answer

    Your question has some many issues that there is no simple answer without more information. For example, do you have a written lease? Does the landlord have different agreements with different tenants. It almost sounds like the landlord is operating a rooming house. If that is the case, I would check with the local authority to see if a rooming house is legal at that location. If you are not under a lease, you could give notice and move, which would end your involvement in such a situation. If...

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  5. IF THE LANDLORD INTENTIONALLY DEFRAUDED THE COURT, YOU'RE TELLING ME THAT IT'S TO LATE TO HOLD THEM ACCOUNTABLE.

    Answered over 3 years ago.

    1. Frank Bartolomeo
    1 lawyer answer

    Your question does not give prior background information. Certain matters are appeal-able, but there are time limits and other factors. Further, if you had a hearing, and the judge hear your argument in opposition to the fraudulent evidence, the judge may come to accept the other persons evidence as the truth. I would suggest you contact a competent attorney immediately to help protect your rights. Once certain time limits expire, there are no appeals available.

  6. I live in a rental house and the landlord refuses to fix anything like the heater i have called ten time now and its still not

    Answered over 3 years ago.

    1. Frank Bartolomeo
    1 lawyer answer

    Florida Law gives you various rights under such circumstances. Your landlord is required to maintain certain elements of the home- such as hot water, running water, heat, etc. Failure to provide such services is a violation of Florida Statutes. I you have put your landlord on notice, and given the landlord adequate time to make the repairs, and the landlord has failed to do so, you may be within your rights to a) break your lease b) make reasonable and necessary repairs and deduct the cost of...

  7. Should I sue my ex-landlord ?

    Answered almost 4 years ago.

    1. Frank Bartolomeo
    1 lawyer answer

    Yes, I would consider a suit against your landlord. The landlord is required to do certain things before being entitled to make a claim on your security deposit. If you can document that the property was in good condition (photographs are best), and are confident you would prevail, you can pursue a suit. You may also be able to ask for an order the will remove any bad credit reporting done, if you were to win the case. I had a client file suit over $79 against a landlord because of a negative...

  8. A room-mate never paid her rent and abandoned her property for over 75 days. Can she come to claim the abandoned property?

    Answered almost 4 years ago.

    1. Frank Bartolomeo
    1 lawyer answer

    This is a delicate situation and could cause you problems if not handled properly. You did not identify if you are the landlord or a roommate. As a landlords, your lease or the law may allow you to place a lien on the abandoned property. You need to review your lease documents to confirm those requirements. You may be entitled to that property to settled the lien claim. As a roommate, you may be able to claim the property under certain circumstances as well. All these situations are fact...

  9. My landlord has been "cooking the books" racking up fees and charges without notice.

    Answered almost 4 years ago.

    1. Frank Bartolomeo
    1 lawyer answer

    I am not 100% sure as to what question you have. However, if your landlord serves a 3 day notice that has inaccurate or fictitious information, such as amount due, the court may dismiss his eviction complaint under Florida Statutes. In order for an eviction complaint to be filed, a condition precedent must be met- that condition is the proper service of a proper 3 day notice. Any deficiency in such notice may be grounds for dismissal.

  10. I've been living with my step dad for 2 years i dont pay and rent or bills and im not on a lease can he evict me

    Answered almost 4 years ago.

    1. Frank Bartolomeo
    2. Teri A. Walter
    2 lawyer answers

    If you ever paid rent in any way, then you may have rights as a tenant. Any money paid toward rent may give you that right. If you pay some of the utilities or other costs of the household, you could make the argument that you are a paying tenant and entitled to protections under the law.