Real Estate Q&A

"Advice rendered is merely a suggestion based on limited facts.This is not to be taken as actual legal advice nor does this establish an attorney-client relationship. Please retain an attorney to properly advise you of legal consequences."

Attorney Cook:

Am I responsible for a lease even if I never signed it's renewal contract? (October 3rd, 2019)

My husband and I were living with my parents to save money. Recently my father lost a good source of his income, and he was the only one making money to pay for rent, so they made us move out within a weekend so they could figure out what was going on. They are unsure if they are going to be able to pay the months rent which of course would lead to eviction. 
My husband and I originally signed the one-year lease in August 2018, but never signed the renewal lease. The landlord won't let us out of the lease saying we are contractually bound. They are using their "joint and several liability" to state that only one person has to sign to make the decision for the rest of the party. Is this legal?

Attorney's response:

Did anyone sign the renewal lease? What are the terms of the renewal lease? Generally if you are tenant at will in Florida and are on a lease based on the frequency in which rent is due. You can move out by giving notice equal to the duration you are allowed to occupy the premises between rent payments. This may not apply based on whether or not someone else occupies the premises based on a written lease. Your best bet would be to consult a landlord tenant attorney with all of the facts of your case to receive the correct information

My lease is up in May 30 2019, my property manager said they have posted a non renewal notice, I did not receive any notices? (May 14th, 2019)

I have been a tenant for them for almost 6 years and have never been late or ever envicted for rental. My property manager said they posted a non renewal notice. I have not receive any notices. I found this out because I emailed asking for a lease renawal. Am I required to move at the end of my lease or do they have to provide me with adequate time to move?

Attorney's response:

They have to do whatever it says they must do in your rental/lease agreement. No one can tell you without looking at it. You can review it with an attorney who practices landlord/tenant law in your area in a consultation.

Can I get evicted for a late payment without receiving a written notice for non payment? (May 9th, 2019)

Long story short, I failed to pay rent on time on the first of the month. I usually pay my landlord in cash but I was out of town at the time and was not able to back until the 15th that month. Lease states exactly that rent is due on the 1st and after the 5th there will be a $50 late fee. Landlord didnt want to wait until the 15th for my rent payment with the late do he said he is going to start the eviction process. I was never given a written notice for non payment at all. Is my landlord allowed to start an eviction process without that written notice? Am I still able to pay my rent without getting legally evicted if I pay before the 3 day notice is sent?

Attorney's response:

Even though you did not pay your rent in a timely manner (shame on you), Judges don't like to indiscriminately throw people out of their homes. Your landlord has the right to seek eviction due to non payment of rent. The eviction process takes a minute. Fortunately you can takes step now to strengthen your position and fight the eviction. You should consult a knowledgeable landlord/tenant attorney in your area immediately. You also have the option to move forward on your own but I wouldn't recommend it.

Attorney May:

I'm renting a house with boat slips for 3 boats which my landlord rents out and doesn't allow me to park my boat. Is this legal?

Is it legal that my landlord rents the boat slip out and doesn't let me bring my boat to the dock in the property I rent?

Attorney's response:

It can be assumed that the landlord knew that these slips had value and would not want to include them in your lease. However, it really depends on the wording of the lease. If the lease does not say anything on the matter, you may have a good argument that they should be included as part of the property you lease, so long as they are attached the the property and one would naturally assume that they are apart of the property. Definitely read through the lease, and consider having an attorney review it to see if you have any options towards claiming the slips as part of your current lease. Good Luck!

What can I do to keep the landlord from coming to my house constantly and disturbing our right to privacy and showing up without notice?

The landlord shows up without calling. We always pay the rent in advance. Is he is violating our right to privacy?

Attorney's response:

It appears that they are abusing their right to enter the property and you should be given notice. Giving the landlord a verbal request to cease unreasonable visits without notice may resolve the concern and save money from hiring an attorney.

Miami Office

Attention Jonathan May

Brickell Arch (Former Espirito Santo Plaza)

1395 Brickell Ave, Suite 900

Miami, FL 33131

West Palm Beach Office

Attention Jonathan May

Northbridge Center

515 North Flagler Drive, Suite P-300

West Palm Beach FL 33401

Tampa Office

Attention Jonathan May

400 North Ashley Drive, Suite 1900

Tampa, Florida 33602

New York City Office

Attention Jonathan May (Florida Bar) or

Attention Derrick Morales (New York Bar)

48 Wall Street, Suite 1100

New York, New York, 10005

Phone: 305-699-5466

Phone: 844-954-6652

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