In Security Deposit case, where both parties prevailed on significant...
Plaintiff, tenant’s, sued to recover his $2300 security deposit, and Defendan counterclaimed for $6,227.79 in damages. The Court ruled after a non-jury trial that Plaintiff failed to prove his cause...
View ArticleTenants’ failure to give notice of vacating does not forfeit their right to...
Tenants on a month to month lease left the premises without prior notice and demanded return of their security deposit. The Landlord, also without notice, only returned a portion of the deposit. The...
View Article60 day notice of non-renewal must terminate the tenancy at the end of a...
Top of Form Landlord-tenant — Eviction — Notice — Defects — Notices to terminate month-to-month tenancy are fatally defective for giving less than sixty days’ notice and for attempting to terminate...
View ArticleFlorida Legislature bill to pre-empt local regulation of residential tenancies
House Bill 1417 proposes to preempt any local regulation of residential tenancies in Florida. Additionally the bill proposes to change the notice period for non-renewal of month to month tenancies...
View ArticleEmotional Support Animals
Title XLIVCIVIL RIGHTS Chapter 760DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION View Entire Chapter760.27 Prohibited discrimination in housing provided to persons with a...
View ArticleRestriction of foreign interests in Florida Real Property SB 264
This Florida law effective July 1, 2023 Criminalizes purchase of certain Florida real estate by certain foreign nationals and for knowing violations by sellers and title agents. Requires addendum to...
View ArticleFlorida legislature passes new unlawful entry and detainer law
New law for unauthorized entry and detainer, § 82.036 F.S. Passed and enrolled 3/6/2024 Takes effect July 1, 2024 Cast as an alternative remedy for unlawful entry and detainer, Chapter 82 of Florida...
View ArticleWhen is a non-military affidavit not required ?
Answer: when the defendant has filed an appearance, an answer, a motion, or any other response The requirement is imposed by Federal law under the “service Members Civil Relief Act 50 U.S. C. §521...
View ArticleDiamonds are forever – settlement agreements are not
Default on date beyond settlement agreement must be addressed through new eviction action In this case the parties entered into a settlement agreement requiring the payment of rent through December,...
View ArticleSecurity Deposit: Cleaning, painting, and minor scratches to appliances...
Florida Consumer Collection Practices Act – Landlord’s wrongful withholding of part of security deposit ruled a violation FCCPA – $1000 fine, plus costs and attorney’s fees. Landlord claimed $500...
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