FAQ’s – Landord and Tenant Rights

FAQ: Landlord & Tenant Law

rental issues faq

The team at Jupiter Legal Advocates has put together this rental issues faq list that may help answer questions you have about landlord and tenant issues you may be facing or considering.

If you don’t see your question answered here – please email us at info@jla.legal so we can help you.


Rental Issues FAQ

There is mold in my apartment house – how do I file a claim?

How would I file a claim for personal injury with the insurance company of my apartment complex?

I have been sick for months and had the health dept come in and they found active mold on the air handler I notified the apt complex manager who sent the maintenance guy over with some spray.

I am still sick, and my Dr has told me I need to move.  I would like to file a claim – what do I do?

ANSWER

Most personal injury attorneys would take this case on a contingent fee basis.

That means that the attorney only gets paid from what they recover from the tortfeasor (i.e., the complex or its insurer). You’re asking how to file a claim.

Well, an attorney will usually send a letter to the tortfeasor with reference to Fla Stat 627.4137 and request them to have their insurer open a claim and provide the attorney with the statutorily required coverage information. That part is easy.

Availing yourself of the appropriate experts and professionals to flesh out the documentation of your damages is tougher. Lawyers are important here, even before any litigation is filed.

On this rental issues faq, I would say that you need to contact an attorney as soon as possible.

What are my right if an oral rental agreement has been violated?

I have recently rented a condo and I have come to find out the owner was in violation of the condo association laws.

The owner had purchased the condo in January and was not allowed to rent the condo for one year, I moved in at the beginning of April.

The owner had asked for first and last month rent which I provided in the form of a cashier’s check. After living in the condo for two weeks I received a copy of a certified letter the was sent to my landlord, stating that they were in violation of the condo boards bi-laws and that I must leave by the end of the month.

The landlord is a licensed Realtor and I feel they need about this issue before I moved in and keep this from me. What can I recover from this landlord?

ANSWER

You have a serious problem. The board may have the right to force you out of the unit and your recourse will be money damages against the landlord for the displacement.

Hopefully the board will only seek its rights against the landlord and will not file an action to have you removed. If they do, you are going to need an attorney.

Can I evict my son’s soon-to-be ex?

I have co-signed for my son’s mobile home and know he is divorcing, but she won’t leave or pay the payment. How can I evict co-signer on a loan for my son? He is getting a divorce and no one paying the house payment ruining my credit what can I do?

ANSWER

Unfortunately, there is little to nothing that you can do.

The fact that you co-signed for credit for your son does not give you any rights to possession of the mobile home or a right to evict his wife.

If the payments are not made, the bank is going to look to you to make good on the payments.

If you make the payments, you have the right to sue your son for your damages and you may be able to obtain a judgment in court for the sums you have paid on his behalf.

With that judgment you could try to obtain from your son all of his rights in the mobile home, which would include his right to possession, however, I do not know if your son owns the mobile home with his wife. If that is the case, and you have a judgment against only your son, you will not acquire the necessary rights to force your daughter in law out of the mobile home.

Only your son can try to do this, but it sounds like this is a matter which needs to be handled by your son in a divorce. No matter what, on this particular rental issues faq, it looks like you are going to have a problem with having co-signed for him.

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