Tag Archives: Florida landlord-tenant law

How to Create Proper Security Deposit Procedures

Landlords must properly and timely handle security deposits in Florida. Otherwise, the landlord could lose any security deposit the tenant deposits for the faithful performance of the lease and potentially be sued by the tenant for improper or untimely claims. To be successful in this area of rental business, the landlord must create proper and […]

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 […]

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 […]

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 […]

The Endless Late Fee Cycle: Enforceable or Not?

There is a common legal issue and problem that arises in the residential property management business. It involves situations when a tenant owes a late fee for a given month and pays the base rent for the following months but does not “catch up” with the late fee, which can result in a vicious cycle […]

The ABCs of Fair Housing Law

An area of law with which property managers (and many attorneys) have difficulty is Fair Housing law, particularly with regard to service animals. Admittedly, dealing with these issues can be confusing for a variety of reasons. Property managers need basic knowledge of the issues and law to safely stay within the law’s confines and prevent needless litigation. […]

Landlord Practice Tips on Recent Florida Appellate Decision

The Third Circuit Court of Appeals just released an opinion regarding several legal issues involving a commercial lease in Bldg. B1 v. Component Repair Servs., 2017 Fla. App. LEXIS 9956 (Third Court of Appeal of Florida, July 12, 2017). The Court’s ruling has bearing on how courts could rule on similar issues involving residential leases. Below […]

City Ordinances, Water Utilities and Property Management

In Jass Props., LLC v. City of N. Lauderdale, 101 So.3d 400 (Fla. App., 2012), the Florida Fourth District Court of Appeal decided an issue involving Florida Statute (FS) 180.135(1)(a) that seemingly contradicted a city ordinance requiring that property owners, not the tenants, open an account for city water and sewer services, even though the services directly benefit […]