Archived
If a tenant answers no to smoking in an application and then is seen smoking outside residence, can he be evicted?
Jonathan's answer
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Answered on September 21, 2015
It will be VERY hard for a landlord to argue he/she can control what the tenant does outdoors. The lease only governs inside the 4 walls of the...
Archived
How long does my landlord have in order to fix my a/c?
Jonathan's answer
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Answered on September 21, 2015
You need to send a 7 day notice as my colleague stated to start the legal clock ticking. You cannot repair yourself and deduct, Florida does not...
Archived
Awarding back rent in 20 day summons
Jonathan's answer
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Answered on September 21, 2015
This is your 3rd question about this eviction in 12 hours. It is abundantly clear that you are completely not prepared to handle this yourself and...
Archived
Is it still possible to present an affirmative defense using FL statute 559.715 with respect to Fannie Mae Paragraph 22?
Jonathan's answer
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Answered on September 21, 2015
Yes you can raise it but it does not work all of the time and not all judges recognize it as a defense; and right now today there are no appellate...
What does contested mean in tenant eviction and is default entered for back rents when tenants respond but not deposit rents?
Jonathan's answer
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Answered on September 20, 2015
Yes you can default as to the 5 day for possession by contest the 20 day for rent owed or amount. From this and the other question you asked today...
Archived
In eviction, 20 days personal service, is hearing required when tenant responds and does NOT deposit rent?
Jonathan's answer
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Answered on September 20, 2015
Depositing rent only causes a default on the 5 day portion for possession NOT for the amount of rent at issue. From this and the other question...
Archived
How long does previous landlord has to respond to deposit dispute letter?
Jonathan's answer
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Answered on September 19, 2015
Unlimited until someone sues. I would not advise suing for $99 though as the filing fee will be higher than that alone.
Archived
As a tenant in Florida, with lease in place, owner currently in foreclosure what are my options according to law?
Jonathan's answer
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Answered on September 19, 2015
Unfortunately the law provides no remedy against a landlord and the landlord isn't even required to tell a tenant he/she is in foreclosure. The...
Archived
Can my 83 yr old mother be sued for canceling the sale of her condo?
Jonathan's answer
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Answered on September 19, 2015
She will get sued for specific performance- to go through with the agreement. Her defense will be mental capacity and she did not have the...
Archived
Why are al of your answers aimed at the tenant. I am 75, very ill and have a person who refuses to move out even though he is 7
Jonathan's answer
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Answered on September 19, 2015
Call legal aid in your county. They will connect you with a pro bono lawyer if they're available. They're not always available though.
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