All Forum Posts by: Tim Baldwin

FS ch. 82 was amended to make it much easier for the property owner, but certain conditions must exist to take advantage of the expedited manner. If those conditions aren't met, you'd have to file an unlawful detainer action assuming the occupant doesn't have any claim as an owner or tenant.

Depends. The reason must be base on an objective, non-discriminatory selection criteria. Persons with a criminal record are not a protected class. However, under the "Disparate Impact" legal theory, fair housing issues arise when denying persons with a criminal record involving non-serious offenses and offenses that are remote in time. 

A misdemeanor may be sufficient to deny application if the conviction was recent and didn't involve a more serious crime, such as battery or intentional property damage. But if the conviction is remote in time (e.g. over 3 years ago) and didn't involve intentional property damage or bodily harm, perhaps the conviction is not sufficient cause. 

You can read up on "Disparate Impact" Theory on a variety of landlord resource websites, including government agencies. 

Other reasons for denial involve other risk factors, such as, 

1. rental history and prior landlord verification 
2. credit score
3. employment history and verification
4. income v. rent ratio
etc. 

Michelle, I know some attorneys in Pensacola who can help, but I'm not sure if you want one local to Tampa. Let me know.

My thoughts...

She could by lying. Maybe not though. At a minimum, the lease needs to state that only SHE is the tenant and no other occupants are permitted without permission. If you discover that she violates that prohibition, of course, a notice to cure should be delivered right away. You are right to be suspicious. If you do not feel good about it, deny the application based on the son's statement that he is going to live there, or for other disqualification reasons.

You need to screen using professional standards for several reasons. 

Low credit score is just one factor. Eviction and early termination history are big, big warning and for many managers, an automatic no. However, if the applicant only has a low credit score but more than sufficient income, rental history, steady employment, etc., you may consider conditionally approving with a higher security deposit (or alternatively, use an insurance policy - "fee in lieu of deposit"), first and last month's rent. Use good judgment and assess your risks. Best wishes.

Most likely, yes, especially if you have a clause in your lease stating that the written agreement reflects the latest understanding of the parties as to the rights and obligations and that no other promises or statements shall be incorporated to the lease (a preeminence clause). There are times that a typo may not reflect the parties' "meeting of the minds", but there would have to be extrinsic evidence to prove what the actual agreement was. If you don't have anything showing that he agreed to the late fee date being the 5th (and agreed to it), then the court will enforce what the lease states. 

Too many landlords think that lease agreements are not important enough to have an experienced landlord and property management attorney prepare. Many times, they learn the hard way. 

You don't state what state laws you are trying to avoid. Generally, relevant Florida Statutes regarding laws (e.g. Division of Hotels and Restaurants, F.S. ch. 509) differentiate tenancies by either being less than 1 month or more than 1 month. However, tax laws treat tenancies less than 6 months differently than tenancies more than 6 months. Also, keep in mind that just calling a rental property "long term" doesn't change the reality if you are really renting as short term. Best wishes.

Your state laws control, but the loss value to the materials will be based on fair market value. Labor must also be what market value is for the skills and expertise needed for the work being done. You may need to get those values from an expert in the field so you have good grounds for the value claimed on the deposit. Always document the evidence to support your claim.