Tag Archives: landlord-tenant law

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 […]

Avoid Lease Conflicts With HOA Rules

Would you, as a property manager, know all of the HOA rules or be aware of all changes made to them regarding the rental homes you manage? Probably not. The question is, what could happen if a tenant executes a lease that conflicts with the HOA rules? or if the HOA amended rules later that conflicted […]

Retaking Possession of Rental Property

FS 83.59 provides that the landlord has a right of possession upon the Tenant’s (1) surrender, (2) abandonment or (3) death. Surrender Evidence must prove that the Tenant has surrendered, which means to intentionally relinquish the tenant’s rights to possession, the property to the landlord. Evidence is based on facts and circumstances. Such facts may […]

3 Day Notice to Pay Rent Instructions

Florida Statutes (FS) 83.56(3) prescribes the requirements of a 3 day notice to pay rent owed. A defective 3-day notice can cause a failed eviction action. Here are instructions for a valid 3 day notice to pay rent, and a sample 3 day notice is provided at the end of this post. Note: if the […]

Security Deposit Claim When Tenant Fails To Give Notice of Vacating

Tenants are entitled to be given notice of the landlord’s intent to make a claim on his security deposit “upon vacating for lease termination,” and the landlord must send such intent by certified mail.  However, this mandate does not apply if the tenant fails to provide the landlord with notice of vacating as provided in FS 83.49(5), which states, Except […]

Security Deposits and the ‘Vacate Date’

Florida Statutes 83.49 requires that the notice sent by the landlord must: 1.  be sent certified mail to the tenant to tenant’s “last known address”; 2.  be sent within 30 days after the tenant vacates the premises; 3.  state the amount of the deposit being withheld by the landlord; 4.  state with specificity the reason […]

HOA Rules and the Lease

There is a common problem in the landlord-tenant business where the tenant violates the HOA covenants and restrictions (hereinafter “rules”) but is complying with the lease.  What is even more notable problem is when the rules and lease provisions contradict each other.  The problem becomes worse where the HOA is aggressive about enforcing the rules. Since […]