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 […]