Landlord, Tenant Law Page 1 of 4 by: Florida R.E.I. - A Legal Resource for Florida Landlords and Real Estate Investors.

The following articles were written by Attorney Alexander Johnson and appeared in Community Association News Letters in the greater Fort Lauderdale area and each month in the news letter of the Broward County Landlord’s Association. The articles deal with issues of landlord tenant law and recently reported court decisions.”

Three tales of three day notices woes
Where the landlord uses a PO Box address he must add five calendar days to the three business days to the due date on the 3 Day Notice. The eviction suit may not be filed until after the third day. Late fees can not be included on the 3 Day Notice.

2006 HomeOwnership Survey
Homeowners are cautiously optimistic about Florida’s real estate market. Survey Suggests Florida Homeowners Not Overly Concerned About Slowing Market.

Landlord Tenant Bills introduced in the Florida Legislature
A new bill was introduced in the Florida Senate called Residential Tenancies/Violence and which provides for the early termination of lease if the tenant is a victim of domestic violence.

Losing Landlord can run but he can’t hide
Where a landlord files a voluntary dismissal in a defended case, the tenant is entitled to collect his attorney’s fees and costs and may stay any new proceedings until paid.

Big Girls Don’t Cry
Tenant’s refusal to pay a $240.20 fee to properly terminate his lease results in a judgment against him for $169,297.77 accelerated rent for breach of lease.

Double Trouble
Where a landlord issued a defective 3-day notice and filed and eviction based on it, the landlord can not cure the defect by issuing another 3-Day Notice after the case has been filed.

Real estate transactions subject to documentary stamps
Recorded deeds are subject to documentary stamps at the rate of $0.70 per $100 on the sales price AND on the outstanding mortgage balance even if you are merely taking a person off of title or changing ownership entities. Summary of what transactions are taxed and at what rate and the penalties for failure to pay the correct documentary stamps at the time of recording.

Landlord’s oblications where tenant has abandoned
the leased premises.
The Landlord is required to make a good faith effort to re-let premises to recover lost rent.

Fair Debt Collection Practices Act requirements for landlords
A 3 Day Notice is subject to 30 day validation period under Fair Debt Collection Practices Act.

Investor Shot Down In Eviction Court
Seller may not use eviction as his remedy against a buyer in possession where no landlord tenant relationship exists.

Landlord beaten by own lease
If your lease contain provisions giving the tenant more rights than the law provides, then you have to go by the higher standard.

Those dawgone duties of landlords and tenants
Florida law lays out specific requirements that landlords and tenants must comply with in the maintenance of rental premises. Failure to follow these requirements can result in a variety of possible sanctions against the party who violates them.

Midnight Madness
Judge rules that tenant has until midnight of the third day to pay rent on a three day notice.

Small errors on a 3 Day Notice may prove fatal
Failure state the proper due date, the landlord address, or the landlord phone number render a 3 day Notice defective.

Court Affirms No Requirement for Tenant to Post Rent in Court Registry Where 3 Day Notice is Defective
Appellate Court decision in Broward County, Florida resolves disagreement among the county courts over whether a tenant is required to post rent in the court registry where the landlord files suit with a defective 3 Day Notice.

Notice of intent to impose a claim on security deposit requirements
In order to impose a claim against a tenant’s security deposit a landlord must send a statutory notice to the tenant by certified mail within 30 days.

Peeping-tom landlord found guilty of constructive eviction
Interference with the tenant’s use and beneficial enjoyment of the leased premises constitutes constructive eviction

PO Box Rule
3 day Notice using a PO Box for the landlord’s address requires an additional 5 days for mailing.

Is she or isn’t she?
Where the occupant retains possession under a purchase agreement, the court must hold an evidentiary hearing to determine whether they are a tenant before requiring the deposit money in court registry.

Section 8 Special Restrictions On Lease Termination
What types of lease violations justify the termination of a Section 8 tenancy? Notice requirements for lease termination.

Seller’s Duty to Disclose a Property’s Material Defects
Where the seller of a residence knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller has a duty to disclose the facts to the buyer.

A Word to the Wise when you have been Simonized
Landlord’s filing of a voluntary dismissal does not abrogate obligation to pay tenant’s attorney’s fees where the 3 day Notice is defective.

Use it or loose it
A time-is-of-the-essence provision in a real estate purchase and sale contract may be deemed waived if not utilized promptly.

Who is responsible for the unpaid utility bills of a former tenant?Florida law provides that if the utility bill is not in the landlord’s name, a utility provider may not seek payment from the landlord or refuse new service to the property.

legal forms-3

day notice, property duel, security, tenancy, commercial, termination, lease
violation

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