Skip to main content
Frank Bartolomeo

Frank Bartolomeo’s Answers

20 total


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

    If the landlord intentionally derauded the court, you're telling me it's to late to hold them accountable. Fraud was not mentioned in the counter claim, and it's still within 4 years. Can i fill another appeal.

    Frank’s 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.

    See question 
  • Harrassment by Prop Mgr on the 1st of every month although we have NEVER been late in paying monthly rent.

    The lease states, although I didn't take it too seriously when we signed the lease (month-to-month) (and I was also a prop mgr for far more units, as well as luxury units for a number of years)that the property manager will go to each unit on the ...

    Frank’s 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 have an action against the owner. I would suggest you contact the landlord, inform him of the conduct of the PM, and advise him that you feel she is interfering with your quiet enjoyment. Maybe that will cause her to be less zealous.
    Further, the PM does not have the right to harass you, and repeated phone calls and other conduct may rise to that level depending on how extreme the situation becomes. You may be well within the law to call the local sheriff and file a complaint for harassment. I would let all parties know that understand the law, and will not tolerate any violation of your rights.

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

    My friend was staying with his past girlfriend for 4+ months but wasn't on the lease. He was receiving mail there and had house bills in his name. How long did he have to stay there for it to be considered his legal resident eventhough he wasn't t...

    Frank’s 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 into play in making a determination. Under the fact pattern you describe, it sound as though you friend was a legal resident and his girlfriend could not have kicked him out without due process of law.

    See question 
  • 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

    i live in a rental i have called my landlord about the heat and they still haven't fixed it i called ten times now and its still not working right all its doing is running my eletric bill up i pay my rent on time do i have the right to move out an...

    Frank’s 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 such repairs from your rent or c) withhold rent by placing it into a separate account until such time as the repair are made. In all situations, be sure to docuement everything you have repaired. Matters such as this can become tenuous and you may need an attroney to help you understand how to properly handle the situation.

    See question 
  • Should I sue my ex-landlord ?

    I lived in an apartment and vacated after giving appropriate notice. Joint exit walkthrough was not done immediately due to non-availability of apt manager and was done only after PB county's consumer affair department was involved (three weeks la...

    Frank’s 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 report to the credit agencies on his behalf. The landlord was directed to remove the negative report as well as forgive the $79.

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

    Tenant went to jail for over 30 days was released and did not return to the residence. She was arrested again a few days later for another 30+ days. Released again and 10 days later is requesting her abandoned property which was stored in a contai...

    Frank’s 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 particular and you need to be careful in the decisions you make. For example, if you spent money safekeeping the property, you may be entitled to a lien on the property for those costs. Also, if you were to notify the owner to retrieve the property, but they failed to do so after a reasonable time, you may be entitled to take title to the property.
    All of these situations are tricky and you need to examine the facts and the law before you make a decision on what to do. My first question I would ask of a potential client is "what value is the property to you" and the second question is "is that value worth the risk of a potential lawsuit"? I would also ask what amount of money the former roommate may owe you.
    In any event, if the property has little value, it may not be worth the risk of a lawsuit.
    I would suggest you consider these issues, and contact a lawyer before making any moves so related.

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

    I was eventually given three day notice to pay unpaid rent of $50.00 in first months prorated rent...(a miscomunication / i lost lease in the move)..they waited several months to without contacting me and posted three day notice to pay or quit for...

    Frank’s 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.

    See question 
  • 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

    just need to know what i can do he turns off the power ad water when he goes to work can he do that

    Frank’s Answer

    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.

    See question 
  • Is it possible for a landlord to lock a tenants door with out an eviction?

    I haven't paid rent (commercial building) in almost two months and my landlord is threatening to put a lock on my door if i don't pay him by the end of this month. I wanted to know if its legal to lock me out without a court notice?

    Frank’s Answer

    No, a landlord is not permitted to lock you out of your property with court order. If he does so, call a locksmith and let yourself back in with police escort. A landlord must go through the eviction process before he can lock you out. If he locks you out illegally without court order, he could be liable for damages.

    See question 
  • 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!

    I am 63 years old and am disabled tenant and am being evicted from my apartment for retaliatory reasons. I have lived in This City for 30 years. The retaliation is stemmed from my activist role, by helping others who live in my small apartment...

    Frank’s 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 is right in the case.
    However, if you do not have a written lease, you may end up having to move in any case. Without a lease, a landlord can ask anyone to move at any time for no reason at all. Even if you lived there for 13 of 30 years, that does not create a long term lease.

    See question