Category Archives: Landlord-Tenant Law

Can Landlord Discriminate When Renting?

Tenants often ask, “can a landlord not rent to me for”, for example, “not having a high enough credit score” or “having a certain kind of pet” or “not having high enough income”. The feeling that many tenants have in this regard is that the landlord is not justified in denying a rental application based […]

The Need for a Landlord Attorney

Here’s what attorney Gary Stephen Gaffney says about the landlord’s need of having an attorney actively engaged in his or her rental business: A lawyer is an operational expense these days if you are going to play landlord; more so than the plumber or A/C guy. Mr. Gaffney is exactly right! (FN1) Property managers cannot […]

Can a Tenant Demand a Jury Trial?

Can a tenant request a jury trial in an eviction action? In short, yes, but there are limitations, three of which are discussed below. Generally In general, Florida courts recognize that a party has a right to a jury trial on triable issues of fact. An eviction trial is subject to the rules of evidence and either […]

When Rental Occupants Commit a Crime

A fairly common situation occurs in the world of landlord-tenant law. That is, when an occupant, guest or invitee–not the tenant–commits a crime or dangerous activity in or near the rental property. Inevitably, the landlord questions whether he has a remedy or grounds to terminate the lease and evict if necessary. The answer to the question […]

Client Endorsement of PMLS

A client of Property Management Law Solutions (PMLS) expresses his gratitude and appreciation for the legal services PMLS provided him in a bad situation involving tenants who were causing him problems. As Mr. Kelly shares, PMLS was able to diffuse the situation and remove the tenants from the property within a week. If you are […]

SECURITY DEPOSITS: LANDLORD’S INTEREST, TENANT’S OBJECTION AND MANAGER’S DISBURSEMENT

This author addresses two points in this article. First, a recent Florida case acknowledges that landlords have a legal interest in security deposits held under a property management agreement and that misuse of the deposit is actionable by the landlord against the broker. Second, the implications of this decision support this author’s opinion that real […]

2018 Florida Legislation That Affect Property Management

The current Florida legislative session is considering the following bills that affect the landlord-tenant and property management business. Below are some highlights of which you should be aware. SB 850 seeks to completely overhaul FS 83.60, which in essence would allow a tenant the right to a trial even if he does not post rent […]

Damages in Landlord-Tenant Cases

A major part of a property manager’s duty is to properly preserve and collect evidence regarding the property’s condition and any damages caused during a tenancy and to make a proper claim on the security deposit for those damages. This practice is vitally important because Florida Statute (FS) 83.49 requires the landlord to make correct […]

Priority of Tenant Payments

Three Day Notices to Pay or Vacate are legal notices that Florida Statute (FS), section 83.56(3) requires landlords to delver to tenants who have failed to pay rent before they can file an eviction action. That statute states, If the tenant fails to pay rent when due and the default continues for 3 days, excluding […]