Other tenants were always in my assigned parking. Leasing agent told me to park anywhere, I parked in the loading zone and my car was towed. I deducted cost of towing from the following months rent and now they have attached a late charge and have...
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 spelled out as "additional rent" in your lease agreement. To preserve your legal right to posession, you need to pay the rent owed by the due date. Then, my advice would be to sit down with the leasing agent to get this resolved. If you can't reach a satisfactory solution, go above the agent by writing a letter to the landlord/owner. If an eviction is filed because you failed to pay the amount on the Notice, you should file an answer and include language that you are requesting a hearing to determine the rent owed. This will allow you to first explain to the judge what happened before you have to deposit rental monies into the Court Registry.See question
My lease was up last month and i moved out. Cleaned up an no damage to unit. They refuse to give me my security deposit back. Landlord did not notify me where my money was being held. That entitles me to my security deposit back right?
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 deposit back and showing where you now reside.
Assuming you vacated and provided the landlord with a forwarding address, the landlord must return all of your deposit (even if they had legitimate damages) if the notice was not sent within 30 days of you leaving. This doesn't mean the landlord can't come after you for the alleged damages. It would just require the landlord to file a law suit against you and then prove to the court the damage amount.
The notice from the landlord must have substantially similar language as required in Florida Statute 83.49(3). Therefore, even if the landlord sent notice to you, but the notice did not have the proper language, it would be considered defective and allow you to get your deposit back.
If the landlord still won't return your deposit, your only other option is to file an action in the county court where the property is located. In your situation, you would have to file an action against the landlord in Hillsborough County (assuming this is the County where you lived).See question
He has stop paying rent, I do have a written contract saying I can evict him for not paying, but he knows he can squat evidently how long will the process take to get him out and how can I prove to the courts he hasnt paid
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 the court will evenutally require you to hire an attorney if the eviction becomes contested (i.e., tenant files an answer and/or deposits monies into the court registry).
A 3-Day Notice would need to be served on the tenant/roommate first. Again, look at my guide on using the proper language and the date for demanding rent. This step is VERY important. If you mess up on the notice, the court will throw the eviction out and make you start all over again.
As to the time period to re-gain possession, it should only take about 4 weeks. However, since you state you are this person's roommate, it is more likely the person will just leave once they find out the eviction was filed or once a sheriff serves notice on them. Either way, it won't be a happy environment while you go through the process. It might be better for you to stay somewhere else until they are gone.
For proving that the tenant hasn't paid, I am hoping you kept a rent ledger or at least can show bank statements where the rental funds were deposited. Your bank statements should show you a copy of the check deposited which proves the months paid and which months not paid. If you allege that payment hasn't been made for certain months, just plead it in the complaint and the tenant will have the burden to prove that payments were made.See question
My 51 year old husband was just diagnosed with advanced lung cancer that has spread to his brain. He does not have a living will. Am I able to act and made medical desions for him such as declining life support if and when the time comes. He is...
I presume the cancer has not affected his ability to enter into business and personal affairs. If this is the case, you just need to have a Living Will and a Health Care Surrogate Designation prepared. However, he would need to have the mental capacity to sign and designate who would be responsible to make those medical decisions for him. If his medical situation has now put him in a situation where he does not have the mental capacity, a guardianship should be established.See question
We have a commercial space that we leased in a strip mall with 6 other units. There are 48 parking spaces and next door is a bingo hall owned by the landlord. His customers completely overflow into our parking. We lose business each time the bingo...
The disturbing issue is that you say parking is not mentioned in the commercial lease. Normally, when you are dealing with a commercial lease, parking is dealt with so that this very issue does not occur (or at least there would be a provision to correct the situation). You say the landlord is actively participating in the process of using up parking spaces in front of your store from a business next door. My advice is to seek local counsel to take a good look at your commercial lease and then determine what rights you have. An adversarial position with your landlord is never a good solution, so hopefully, you can reach an amicable solution and come away with some sort of parking usage policy.See question
I paid $300 deposit plus $25 nonrefundable app fee for a home that had not been advertised as the landlord wasn't finished w improvements. I did not sign the contract, but was told we would once the remainder of the move-in fees were paid. We trie...
What does the lease application you filled out say about tendering a deposit and being bound to a 1-yr term? If you have legitimate issues with the premises, there should be no question about getting the $300 back. All you will be out, of course, if the $25 application fee.See question
I lived in a house from 2006-7with two other room mates. One,a girl was great. The other, a dude, turned out a nightmare. He would invite all his friends over all the time which would usually result in a lot of drinking and generally making a mess...
Were you served prior to leaving the country? If not, the landlord can't obtain a money judgment from you without you being served. You were probably named as one of the multiple defendants in the action for money damages. Even if a default judgment was entered, it would only affect the defendants properly served.See question
What does it take to get out of a lease in Florida?
Your question is hard to answer without additional information. Has the landlord been made aware of the break-ins? Were police reports filed? When you say "broken into", are they gaining access through an unlocked door or actually gaining entry by force? Does you daughter know who the person is that is breaking in? Most leases have provisions on terminating a tenancy early. Safety is obviously an issue. The main issue is whether the landlord has any responsibility to try and prevent the break-ins. Most of the time, the answer would be no. But, each case is different depending on the circumstances. If you can't work it out with the landlord first to exit the lease w/o a penalty, you should probably seek the advice of an attorney to review your specific situation. Only then can an accurate decision be made.See question
The Realtor that represents him is saying that the carpet cleaners who professionally cleaned my carpets did not do a good enough job. Also that the base boards, the grout and the walls are dirty. I cleaned all of them before moving out. They were...
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 claims action against you. If you received the letter mentioned above, you have 15 days in which to dispute the charges IN WRITING back to the Landlord.See question
I had 2 renters for 2 years. They trashed the house and did not paint the interior back to a neutral color - they left black, blood red, dark purple. They never maintaned the landscaping. They did not use a shower curtain so their was water dama...
If they have hired an attorney, you will be far better served to hire one as well. Especially given the amount of damages you are seeking. How much was the security deposit for? Did you send the claim letter within the time period required under Florida Law via certified mail? As far as normal wear and tear, if no painting had been done by the tenants to start with you would prorate a new paint job based on how long it has been since you last painted. However, given the fact that the tenants painted the interior spaces such dark colors, the tenants should have painted over what they did to return it to what it was before they moved in. That's pretty much the price for deciding to paint when you don't have to. Did the tenants come to you with these color choices and did you authorize the painting? Judges will look at what you are trying to recover in damages very closely. This is why it is best to hire an attorney so they can review what you are seeking and advise what is appropriate and how to obtain the evidence to prove at a final hearing if it goes that far.See question