All Forum Posts by: Tim Baldwin

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.

Yours is a legal question. Get advice from a landlord attorney. 

Hire landlord attorney. Best wishes. 

You didn't address your need for help in the eviction case, but it appears you may need an attorney. Even though we have good LL-T statutes in place in Florida, some judges play loose with them. Having an expert landlord attorney involved will help you a lot.

As for the actual question, it is very difficult if not impossible to "stop" a tenant from damaging your property, because you are not inside the property to know what they are doing. You will learn of any damage after the fact. 

F.S. 83.681 provides for the landlord petitioning for an injunction, but your eviction case doesn't appear to fit that situation. If there is evidence of intentional destruction of the property, you can call local police authorities, but in my experience, they do not get involved in any situation that "smell" of civil action; they will simply tell you that it is a civil matter. 

Best wishes. 

Start with a business organizations/corporate attorney. 

In my law practice, I see a lot of property management agreements, and it is rare to see a requirement of financial disclosures. Your idea of doing so is not a bad one at all, but what you may find is that owners may rebuff the disclosure and try to find another company that doesn't require disclosure.