Category Archives: Procedures

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 […]

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 […]

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 […]

When Tenant Pays Partial Rent After a 3 Day Notice is Served

The Florida legislature amended Florida Statute, section 83.56 in recent years to require what Florida court decisions essentially required through a chain of cases on the question of, what can a landlord do when a tenant pays partial rent after being served a 3 day notice demanding the tenant to pay rent or vacate? FS […]

Dealing With Neighbor Allegations

Most rental properties have a nearby neighbor, which presents potential conflicts with a tenant and his neighbors. Inevitably, property managers will receive complaints from neighbors that a tenant is disturbing the peace or committing some kind of criminal offense or lease violation, such as theft, assault or criminal mischief. These complaints are always alarming, but […]

When Can A Tenant Legally Withhold Rent

Property managers commonly face situations when a tenant wants to or in fact withholds rent based on an allegation that the landlord failed to comply with some legal or contractual obligation. This is a frustrating situation and can lead to bigger problems, but the property manager may not be clear about when the tenant has […]

Resolving Tenant Damage at Lease Renewal

Managing many properties is challenging and demanding, and as such, requires proper procedures to reduce the risks and results of tenant abuse or misuse of the property. One notable area of risk management is preventing or mitigating a tenant’s damaging the property, and more particularly, to get the tenant to pay for damages to the […]