Recent notes from our blog
Renters across California came home to an early Christmas present from their landlords this season: a 60-day notice to vacate. Reports of sudden eviction drives are emerging throughout the state, spurred on by AB 1482's effective date of January 1, 2020. The new law caps annual rent increases in ...
The Further Consolidated Appropriations Act, enacted on Dec. 20, 2019, included several tax changes with retroactive impact, requiring taxpayers and their advisors to consider filing amended 2018 tax returns. These include 28 regularly expiring tax breaks that had expired at the end of 2017 and h...
How difficult is it to prove landlord retaliation? It's not easy as one may think. Get witnesses. If the only person who witnesses the retaliation is you and the landlord, it will become a credibility battle in court. Therefore, try to get witnesses to the retaliation. For example, if a landlo...
Most often in my practice, landlords retaliate for the following reasons: The tenant demanded repairs that the landlord was obligated to perform. The tenant reported landlord to a governmental agency for some reason. The tenant failed to pay rent on time. How do these landlords actually r...
Has your landlord sent you a notice of claim on your security deposit? If so, you may have a limited time to send a response. However, in my experience, a short and sweet response is always best. This is especially true if you haven't been working directly with an attorney from the beginning of ...
A 2014 poll from the insurance information institute found that 37% of renters don't get a renter insurance policy. It was astonishing to find out the reasons tenants gave for not purchasing it; they were mostly all myths and misconceptions. You've got belongings, and most of them are likely wort...
Almost every state discourages landlords from retaliating against tenants for exerting their legal rights. For example, in Florida, a landlord can be severely punished for evicting, harassing, changing locks, turning off utilities, removing walls or doors, or raising the rent of a tenant in dire...
If your application to rent an apartment is rejected, you have a right to know why. It is illegal for a landlord to refuse your rental application for discriminatory reasons. This article focuses on the general rights of tenants, as governed by state and federal law. Federal Anti-Discrimination...
In most states and jurisdictions, landlord responsibilities cover, at least to some degree, protection of their tenants. This protection responsibility may impose a legal duty on the landlord to take steps to protect their tenants from thieves, assailants, and criminal acts from other tenants. ...
Here are some of the most frequently asked questions regarding landlord responsibilities when it comes to protecting their tenants from criminals and other tenants. • What responsibilities does a landlord have for the tenants' safety and security? • Are there ways that a landlord can limit thei...
Disputes over security deposits are the most common disagreements between tenants and landlords. Due to this, states have laws and regulations concerning what landlords can use the security deposit for, and the timeline for when a landlord has to return the security deposit. As in any legal dis...
Every tenant has the right to privacy; however, a landlord has also the right to maintain their property. Sometimes, a landlord must enter a tenant's apartment to deal with emergencies; such as making repairs or showing the apartment to another potential tenant. Even though a tenant cannot unreas...
If you are thinking about asking someone to live with you and share expenses, then you should learn what is required to add a roommate to your lease. Be aware that if your lease specifically states that no roommates are allowed, you could be evicted by adding a roommate in violation of this claus...
In Florida, **landlords must maintain** rental properties, handling **structural, plumbing, electrical, HVAC, and pest control repairs** unless the lease shifts duties to tenants, especially in **single-family homes or duplexes**. **Tenants must keep rentals clean, report issues, and prevent damage.** For disputes, **document repair requests, follow up, and seek legal help if ignored.** Tenants may have rights to **withhold rent or file complaints** if landlords fail to act. For expert legal guidance on **Florida landlord-tenant repair disputes**, contact **The Law Offices of Debi Rumph** today! 📞
A landlord is allowed to sell their property during your tenancy even if you have a fixed term tenancy agreement. The landlord or the landlord's agent has to comply with the tenancy law when they are selling. Viewings and inspections If they give you the proper notice, the landlord has a right to...
A tenant residing in Florida may have certain legal rights when the landlord fails to maintain the premises. Due to the warm and humid climate in South Florida, it is common for tenants to have roof leaks, air conditioning leaks, and pipe bursts all of which introduces water into the property. ...
Experience is the best teacher… and this month, I learned quite a bit. In the age of working in the cloud, I have finally decided it's time for me to reduce my business office's foot print. I no longer need 800 square feet. So, I started looking at executive offices. It makes sense to share a...
According to landlords, there are many things tenants do that irritate landlords—even unintentionally. Fortunately for tenants, Florida's law attempts to protect tenants from these irritated landlords who may be tempted to take revenge against an unsuspecting tenant. Tenants, who in good faith, ...
Everyone is entitled to live peacefully in their home regardless of where they live, or whether they rent or own a property. You're not expected to tolerate excessive noise or physical or verbal abuse from a neighbor. Disruptive behavior Disruptive behavior is anything that unreasonably or repeat...
In certain situations, a landlord may not be able to enforce a no-pets clause. Most standard leases and rental agreements contain no-pets clauses. Such provisions are legal everywhere, and courts generally allow a landlord to evict a tenant who acquires a pet in violation of a lease clause and re...
In Florida, late rent fees are only legal if specified in a lease agreement. Without a written clause, landlords cannot impose these fees. Although Florida law doesn't cap late fees, they must be reasonable, typically around 5% of the rent. Lease agreements are crucial in defining terms like late fees and grace periods, as state law doesn't mandate them. Tenants can challenge excessive fees in court if not stipulated in the lease. Understanding lease provisions and tenant rights helps prevent disputes and ensures a fair rental experience. Always review your lease and seek legal advice if needed.
This week, RENTCafé, a nationwide apartment search website, released a new study looking at the complex (and sometimes complicated) relationship between tenants and landlords. Its goal was to find the most renter-friendly and landlord-friendly states in the U.S. To do accomplish this task, RENT...
You ‘ve heard the horror stories. . . . Tenants sweltering for days in the miserable Floridian summer heat and humidity. People dying—actual dying–of heat stroke. The humidity in the air is so high that it feels and looks like someone threw hot boiling water on the inhabitants of Florida. Th...
Are you paying your rent with a money order? Are you getting a receipt for each payment? If not, you can find yourself in a world of trouble. Note, those little money order receipts you get with each purchased money order are only good for tracing a cashed money order—they do not, on the hand,...
Come on, let's face it. We all think it, we all know it: We're perfect. We put ourselves on a pedestal because our brains are wired to do so, so it's not always easy to see when we're wrong. And when it comes to being a tenant you are, of course, the definition of perfection. That's why it is so ...
