All Forum Posts by: Tim Baldwin

 If they are not willing to leave voluntarily, to remove them, you have to setup a case for eviction (Notice to Pay or Notice to Cure/Non-Curable) if there are such violations. Of course, you could try a "cash for keys" agreement. 

If the tenant is in clear violation of the lease, then: 1) for non-payment of rent (or fees/charges that are defined as "additional rent" in the lease, deliver a 3 Day Notice to Pay or Vacate, and 2) for violations other than non-payment of rent (i.e. not putting utilities in their name), deliver 7 Day Notice to Cure. 

There is a FL 4th DCA case, Harari, where the appeals court already ruled that e-mail constitutes notice under the LL-T Act, as long as the lease provides for the same or the parties have customarily used e-mail for communications. The referenced bill doesn't really do anything revolutionary in that regard. A lot of my clients do not e-mail notices because either they manage the units on-site or they do not know if a judge in an eviction case would require an additional 5 days to be added to the notice period under the Mailbox Rule (in light of the dissenting opinion in Harari). If the FL legislature codifies this court's ruling into statutory law, however, it may help to clarify the Mailbox Rule issue, thus encouraging more e-mail notice delivery. 

What state is your rental property in?

That is indeed a long-held rule in Florida. @Greg Scott is correct that you can put the property in a natural person's name, but that is not the answer to an existing violation situation. 

The lease should have a provision that requires the T to comply with HOA rules. Other lease provisions may apply as well, such as prohibition against causing the LL to incur fines and damages. Using such provisions, you can enforce the HOA prohibition.

@Nathan Gesner, that form should not be used, as it provides for 60 days notice to terminate a month-to-month tenancy, which FS 83.57 only requires 30 days.

Landlord representation is all my law firm handles. Feel free to reach out. 

Quite the interesting scenario. Under FS 83.49, you have to handle security deposit claims within 30 days of the tenant vacating upon termination of the lease. However, that obligation is waived if the tenant abandons the property without giving you notice of their forwarding address within 7 days of vacating. The issues I'm seeing have to do with how the new leases were worded regarding the security deposit and who signed the leases. It's difficult to answer the question without more information. 

@Mike Dymski, sir, you're wrong. Albert asked about filing a lawsuit against the tenant, which apparently involves a tenant's complaining of personal injury resultant from being in the unit. Taking legal action against another party necessarily involves questions of law and can result detrimental legal impacts on him if he files a lawsuit without proper grounds to do so, or where the opposing party may have counter-claims against him. He needs to get advice from a lawyer who can advise him on whether to file a legal action or not. Trolling!? What are you talking about.