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Category Archives: Landlord Tenant Litigation

BankFile

Can You Refuse to Pay Rent During the Coronavirus Pandemic?

By Michael Pike and Daniel Lustig |

Nearly half of Americans live paycheck to paycheck, and a staggering 42% say their most significant personal finance resource is their spouse or family member. For millions of Americans, the coronavirus (COVID-19) pandemic has taken away the ability to earn a living and keep roofs over their heads. With or without the stimulus check… Read More »

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LandlordTenant3

Can You Stop Paying Rent if the Landlord Does Not Make Necessary Repairs?

By Michael Pike and Daniel Lustig |

In other words, do you still have to pay rent if your landlord fails to make needed repairs in the rental home or apartment? Florida law requires landlords to follow a variety of building, housing, and safety laws. Rules and regulations regarding housing conditions in rental properties depend on city or county codes. Also,… Read More »

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LandlordT2

Florida Landlord-Tenant Law: What is Unjust Enrichment?

By Michael Pike and Daniel Lustig |

As defined by the Cornell Legal Information Institute, unjust enrichment occurs when one party gains a benefit from another party that is deemed unfair under the law. In Florida, unjust enrichment is common law cause of action. You may also hear unjust enrichment referred to as the “something for nothing” doctrine. The doctrine could… Read More »

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LandlordT1

When a Landlord’s Right to Enter Rental Property Violates the Tenant’s Privacy

By Michael Pike and Daniel Lustig |

Under Florida law, landlords have a right to enter their rental property under specific circumstances. However, Florida landlords must meet certain legal notice requirements when exercising their right to access. If you – as a landlord – are unsure about whether you have the right to enter your rental property, or you – as… Read More »

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Law1

Does Your Landlord Need to Have Knowledge of a Hazardous Condition to Be Liable for Injury?

By Michael Pike and Daniel Lustig |

In order for a tenant to hold their Florida landlord liable for their injury that occurred at the rental property, it must be proven that the landlord had knowledge of the hazardous condition that caused the accident. However, is the landlord’s knowledge of the dangerous condition always mandatory? If so, how does a tenant… Read More »

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LandlordTenant3

Florida Lawmakers Introduce Bill Aimed at Strengthening the Rights of Tenants—Would Remove Legal Requirement to ‘Post’ Back Rent With the Court

By Michael Pike and Daniel Lustig |

As reported by Florida Politics, two Florida legislators have introduced concurrent bills that would strengthen the legal rights of tenants who are facing eviction for non-payment of rent. Senate Bill 1528 is sponsored by Victor Torres and its counterpart, House Bill 6069, is sponsored by Anna V. Eskamani. If enacted, the bills would reform… Read More »

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Landlord4

What to Do if the Florida Landlord is Refusing to Return a Tenant’s Security Deposit?

By Michael Pike and Daniel Lustig |

When signing a lease to an apartment or house in Florida, the landlord will request a security deposit on top of the rental payment. But what if he or she is refusing to return a tenant’s security deposit after the tenant moves out? What is a Security Deposit in Florida? A security deposit is… Read More »

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Eviction3

Florida Appeals Court Rules in Favor of Commercial Landlord in Eviction Case

By Michael Pike and Daniel Lustig |

On December 18th, 2019, the Fourth District Court of Appeals for the State of Florida ruled in favor of a commercial landlord in a complex eviction case. The landlord in question, which faced a claim of wrongful eviction, was seeking to recover damages through a third party guarantor. In Gulfstream Park Racing Association v…. Read More »

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Landlord2

Miami Beach Restaurant Locked in Dispute With Landlord

By Michael Pike and Daniel Lustig |

According to reporting from the Daily Business Review, a commercial landlord has filed a lawsuit against the Miami Beach-based Monty’s Sunset restaurant. The landlord, which recently took over the building in which the tenant is located, alleges that the restaurant is substantially behind on its rental payments and that it has breached a contract… Read More »

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KnowRights

Commercial Landlord-Tenant Laws in Florida: The Three-Day Notice and Right to Cure

By Michael Pike and Daniel Lustig |

If a commercial tenant commits a monetary violation of the lease—typically meaning that they failed to make rent payments on time—that is generally considered to be good cause for eviction. That being said, there are strict rules and regulations that govern evictions in Florida. Commercial landlords must understand their rights and responsibilities under Florida… Read More »

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