Law Office of Brian Korte, P.A.

Florida Security Deposit Law — What Every Renter Needs to Know

Fri, 24 Apr 2026 16:12:06 GMT

Florida law gives tenants strong protections when it comes to security deposits. Understanding those protections before you move in — and especially before you move out — can save you hundreds or thousands of dollars.

One of the most common disputes between Florida tenants and landlords involves the security deposit. Tenants expect their deposit back. Landlords sometimes disagree about what they are entitled to keep. And too often, tenants walk away from money that Florida law entitles them to simply because they do not know their rights.

At Korte & Associates, we represent tenants throughout all 67 Florida counties in security deposit disputes. This guide covers everything you need to know about Florida security deposit law — from move-in to move-out and everything in between.

What Is a Security Deposit?

A security deposit is money paid by a tenant to a landlord at the beginning of a tenancy, held by the landlord as financial protection against unpaid rent or damage to the property beyond normal wear and tear. In Florida, there is no state law limiting how much a landlord can charge for a security deposit — the amount is set by the landlord and agreed to in the lease.

Most Florida landlords charge the equivalent of one to two months' rent as a security deposit. Whatever the amount, Florida law governs exactly how the landlord must hold it, when they must return it, and what they can legally deduct from it.

How Must a Florida Landlord Hold Your Security Deposit?

Under Florida Statute §83.49, a landlord who collects a security deposit must do one of the following within 30 days of receiving it:

Hold the deposit in a separate non-interest-bearing Florida bank account, hold the deposit in a separate interest-bearing Florida bank account and pay the tenant at least 75% of the annualized interest rate or 5% per year simple interest, or post a surety bond with the clerk of the circuit court.

The landlord must also provide you with written notice within 30 days of receiving your deposit stating which of these methods they are using, the name and address of the financial institution, and whether the account is interest-bearing. If your landlord fails to provide this notice, they may forfeit the right to keep any portion of your deposit.

How Long Does a Florida Landlord Have to Return My Security Deposit?

This is one of the most important deadlines in Florida landlord-tenant law — and one that many landlords miss.

After your tenancy ends, your landlord has two options:

If the landlord is making no deductions: They must return your full security deposit within 15 days of you vacating the property.

If the landlord intends to make deductions: They must send you written notice by certified mail within 30 days of you vacating, stating the specific reasons for any deductions and the amount they intend to keep. If the landlord fails to send this notice within 30 days, they forfeit their right to make any deductions at all and must return the full deposit.

This 30-day deadline is strict. Florida courts have consistently held that a landlord who misses it loses the right to keep any portion of your deposit — regardless of whether the claimed damages are legitimate.

What Can a Florida Landlord Legally Deduct From My Security Deposit?

A Florida landlord may only deduct amounts that cover actual, documented financial losses. Legitimate deductions include unpaid rent owed at the end of the tenancy, physical damage to the unit beyond normal wear and tear, cleaning costs if the unit was left significantly dirtier than when you moved in, and other lease violations that resulted in documented financial loss to the landlord.

What a landlord cannot deduct:

Normal wear and tear is never a legitimate deduction under Florida law. This includes minor scuffs on walls, small nail holes from hanging pictures, carpet wear consistent with normal use, faded paint, and worn fixtures. These are the expected results of someone living in a home and are the landlord's responsibility to address between tenants.

Other improper deductions include repairs for pre-existing damage that existed before you moved in, cosmetic upgrades the landlord was planning to make anyway, and vague or undocumented charges without receipts or invoices.

What Is Normal Wear and Tear in Florida?

This is where most security deposit disputes arise. Florida law does not provide a specific definition of normal wear and tear, but courts have consistently interpreted it to mean the natural deterioration of a property that occurs through ordinary, reasonable use over time.

Examples of normal wear and tear that cannot be deducted:

Small nail holes from hanging pictures, light scuffs on walls, worn carpet in high-traffic areas, faded or yellowed paint, minor scratches on hardwood floors, worn finish on door handles or cabinet hardware, and small marks on walls from furniture.

Examples of damage beyond normal wear and tear that can be deducted:

Large holes in walls, broken doors or windows, stains on carpet or flooring, burns on countertops or carpet, missing fixtures, pet damage, and damage caused by negligence or misuse.

How to Protect Your Security Deposit — Before and After Your Tenancy

The single most important thing you can do to protect your security deposit is document the condition of the unit thoroughly at move-in and move-out.

At move-in: Walk through the entire unit before or on the day you move in. Take dated photographs and video of every room, every wall, every appliance, every fixture, and every area of carpet or flooring. Note any pre-existing damage in writing and send it to your landlord by email or certified mail immediately. Keep a copy of everything.

During your tenancy: Report all maintenance issues to your landlord in writing and keep copies. If your landlord makes repairs, document them. If your landlord fails to make repairs, document that too — it may be relevant if they later try to charge you for the same issues.

At move-out: Clean the unit thoroughly. Take the same level of dated photographs and video that you took at move-in. If possible, do a walkthrough with your landlord and ask them to note any concerns in writing. Return your keys and get written confirmation of the date you vacated.

After move-out: Do not assume you need to provide your landlord with a forwarding address. Under Florida law, if a landlord does not have your new address, they are required to send the security deposit or deduction notice to your last known address — which is the rental unit itself. Many landlords fail to do this correctly, miss the 30-day deadline entirely, or send notice to the wrong address. These failures can void their right to make any deductions at all. If you have not received your deposit or a written deduction notice within 30 days of vacating, contact Korte & Associates immediately — this is one of the most common and actionable security deposit violations we see.

What to Do If Your Landlord Wrongfully Keeps Your Security Deposit

If your landlord fails to return your deposit within the required timeframe, sends a deduction notice after the 30-day deadline, or makes improper or exaggerated deductions, you should contact a tenant rights attorney immediately — do not wait.

Many tenants make the mistake of sending a demand letter or filing a complaint with a government agency before consulting an attorney. Sending a demand letter can actually give your landlord an opportunity to cure their mistake — potentially eliminating legal claims you would otherwise have. Filing a complaint with a government agency is unlikely to get your money back and wastes valuable time.

The right move is to contact an attorney and file a lawsuit to recover your deposit.

Under Florida law, a tenant who prevails in a security deposit lawsuit is entitled to recover the full deposit amount plus court costs and attorney's fees. Because the statute provides for attorney's fees, many tenant rights attorneys — including Korte & Associates — may be able to take your case on a contingency basis, meaning you pay nothing unless we recover money for you.

If your landlord has wrongfully kept your security deposit, call Korte & Associates at (561) 228-6200 for a free consultation. We represent tenants throughout all of Florida in security deposit cases and can evaluate your situation quickly.

Frequently Asked Questions

My landlord sent the deduction notice on day 31. Can I get my full deposit back? Yes. Florida's 30-day deadline is strict. If your landlord fails to send the written notice of deductions within 30 days of you vacating, they forfeit the right to make any deductions and must return the full deposit. Document the date you vacated and the date the notice was sent or postmarked.

My landlord is deducting for "cleaning" but the unit was clean when I left. What do I do? Contact Korte & Associates immediately. Request itemized receipts for all cleaning charges. If the charges are vague, excessive, or unsupported by documentation, they may be improper deductions that entitle you to legal relief.

My landlord never gave me notice about where my deposit was being held. Does that matter? Yes. Florida law requires landlords to notify tenants within 30 days of receiving the deposit about how it is being held. Failure to provide this notice may affect the landlord's ability to make deductions.

My landlord is deducting for carpet replacement. Is that allowed? It depends. If the carpet was new when you moved in and you significantly damaged it beyond normal wear and tear, a partial deduction may be appropriate. However, if the carpet was already old or worn, replacement is the landlord's responsibility regardless of its current condition. The landlord must also account for the remaining useful life of the carpet.

How long do I have to sue my landlord for my security deposit? Florida's statute of limitations for security deposit claims is generally 5 years for written leases. However, acting quickly is always better — evidence is fresher, documentation is easier to obtain, and your leverage is greater.

The Bottom Line

Florida's security deposit laws are designed to protect tenants — but only tenants who know and exercise their rights. The most important things to remember are to document everything at move-in and move-out, watch the 30-day deadline carefully, and contact an attorney before taking any action if your landlord fails to return your deposit.

If your landlord has wrongfully kept your security deposit, contact Korte & Associates for a free consultation. We represent tenants throughout all of Florida and have helped thousands of renters recover deposits that landlords had no right to keep.

Call (561) 228-6200 or schedule online at calendly.com/bkorte-kortepa. ere. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.

Eviction Notice in Florida? Here's What to Do Immediately

Wed, 22 Apr 2026 14:30:17 GMT

If your landlord just handed you eviction papers in Florida, the worst thing you can do is panic — and the second worst thing is to do nothing. Florida's eviction process moves fast, and tenants who act quickly have far more options than those who wait.

Here are the four things you need to do the moment you receive an eviction notice.

1. Read the Notice Carefully

Not all eviction notices are the same. Florida law requires landlords to give you specific written notice before they can file in court. A 3-Day Notice is for unpaid rent. A 7-Day Notice to Cure is for lease violations. A 7-Day Unconditional Quit is for serious or repeated violations. If your landlord used the wrong notice type, gave you the wrong timeline, or made errors in the paperwork, the case may be dismissible entirely.

2. Know Your Deadline

Once you are served with court papers — not just a notice, but an actual Summons and Complaint — you have only five business days to file a written response with the court. Weekends and holidays do not count. If you miss this deadline, the judge can enter a default judgment against you automatically, even if you have a strong defense.

3. Do Not Just Move Out

Many Florida tenants assume they have no choice but to leave. That is not true. You cannot legally be removed from your home until a judge orders it and the sheriff enforces it. Leaving voluntarily before that point can actually hurt your legal position. Stay put and fight.

4. Document Everything

Save every text message, email, voicemail, and written notice between you and your landlord. Take photos of the property. Write down dates and times of key events. This evidence can make or break your case in court.

The Bottom Line

Florida eviction law gives tenants real rights — but only if you use them in time. The sooner you speak with an eviction defense attorney, the more options you have.

If you have been served with an eviction notice in Florida, contact Korte & Associates today for a free case review at kortepa.com or call (561) 228-6200.

This article is for informational purposes only and does not constitute legal advice.

�� Watch the full video here: https://youtu.be/u4gvmkIATt8

What to Do When You Get an Eviction Notice in Florida

Mon, 20 Apr 2026 20:01:00 GMT

If you just received an eviction notice in Florida — stop. Don't panic, and don't move out yet. Getting a notice does not mean you have to leave. Here are the four things you need to do immediately to protect yourself and your home.

STEP 1: READ THE NOTICE CAREFULLY

Florida law requires landlords to give specific types of notices depending on the situation. The most common is a 3-day notice to pay rent or vacate. That means you have 3 days to either pay what you owe — or move.

But here's what most tenants don't know: if that notice has any errors in it — the wrong amount, the wrong address, or improper delivery — it can be thrown out in court entirely. Read every word carefully before you do anything else.

STEP 2: DO NOT IGNORE IT

Many tenants hope the notice will go away on its own. It won't. If your landlord files in court and you don't respond, a judge can issue a default judgment against you — and you could lose your home in days.

In Florida, you may have as little as 5 business days to respond once a court case is filed. The clock starts the moment you receive that notice.

STEP 3: DOCUMENT EVERYTHING RIGHT NOW

Take photos of how and where the notice was delivered. Write down the date and time you received it. Save all texts and emails with your landlord.

This evidence can make a huge difference in your case — especially if your landlord hasn't followed proper legal procedures. Courts take notice delivery requirements seriously in Florida, and a documentation gap can work in your favor.

STEP 4: CALL A TENANT RIGHTS ATTORNEY IMMEDIATELY

Florida eviction law is technical. There are strict deadlines, specific filing requirements, and real defenses available to you. But you have to act fast. Many tenants lose their cases simply because they waited too long.

An experienced eviction defense attorney can review your notice for errors, identify defenses you may not know about, and represent you in court if necessary.

WE ONLY REPRESENT TENANTS — NEVER LANDLORDS

At Korte and Associates, we have won over 1,000 eviction cases across Florida and helped more than 10,000 clients protect their homes. We offer a free consultation so you can understand your options with zero pressure.

If you've been served an eviction notice, don't wait. Call us today at (561) 228-6200 or visit kortepa.com to schedule your free case review.

Your home is worth fighting for.

What to Do When Your Landlord Won't Make Repairs in Florida

Mon, 13 Apr 2026 16:46:24 GMT

Florida law requires landlords to maintain rental properties in a safe and habitable condition. When a landlord ignores that obligation, tenants have real legal options — but they must follow the right steps to protect themselves.

One of the most frustrating experiences a renter can face is a landlord who simply refuses to fix things. A leaking roof, broken air conditioning in Florida heat, a mold problem that keeps getting worse, plumbing that does not work — these are not just inconveniences. In Florida, they may be violations of your landlord's legal duty to maintain the property.

At Korte & Associates, we represent tenants across all 67 Florida counties who are dealing with exactly this situation. This guide explains what the law requires of your landlord, what steps you must take before pursuing legal action, and what your options are when a landlord continues to ignore your requests.

What Florida Law Requires of Your Landlord

Under Florida Statute §83.51, every residential landlord in Florida is required to maintain the rental property in a condition that meets applicable building, housing, and health codes. Where no code applies, the landlord must maintain the property in a condition that is reasonably fit for human habitation.

Specifically, Florida law requires landlords to maintain the roof, windows, doors, floors, exterior walls, and foundation in good repair, keep all plumbing and electrical systems in safe working condition, maintain heating and cooling systems where provided, provide pest extermination when infestations occur, maintain common areas in clean and safe condition, and provide functioning locks and keys.

If your landlord is failing to meet any of these obligations, you are not simply out of luck. Florida law gives you specific tools to respond — but you must use them correctly.

Step 1 — Put Your Request in Writing

Before you have any legal remedy available, you must notify your landlord of the problem in writing. A verbal complaint is not enough — and an unanswered text message may not be sufficient either. Florida courts expect to see a clear written notice that documents the problem and the date you reported it.

Your written notice should describe the specific repair needed in detail, state the date the problem began, request that the repair be made within a reasonable time, and be sent by certified mail with return receipt. This creates a paper trail that is admissible in court. Save a copy of the letter and the mail receipt.

Email can also serve as written notice in many circumstances, but certified mail is stronger evidence. If you have already sent a text or email and received no response, follow up immediately with a certified letter.

Step 2 — Give Your Landlord Reasonable Time to Respond

After receiving written notice, your landlord has a reasonable amount of time to make the repair. Florida law does not specify an exact number of days for most repairs, but courts generally consider seven days a reasonable timeframe for non-emergency repairs. Emergency conditions — such as no running water, sewage backup, or a gas leak — require a much faster response.

Document everything during this period. Take dated photographs and videos of the condition, keep copies of all written communications, note every date you contacted your landlord and what was said, and document any repair attempts that were incomplete or ineffective.

Step 3 — Know Your Legal Options If the Landlord Still Does Nothing

If your landlord fails to make required repairs after receiving proper written notice, Florida Statute §83.56 gives you several options. It is critical that you understand these options before taking any action — exercising them incorrectly can hurt your case.

Terminate the lease. If the landlord's failure to maintain the property constitutes a material breach of the rental agreement, you may have the right to terminate your lease and vacate the property without penalty. You must follow the correct notice procedures under Florida law before doing so.

Withhold rent. In certain circumstances, Florida law allows tenants to withhold rent when a landlord fails to maintain the property. However, this remedy must be exercised very carefully — depositing the withheld rent into the court registry is required in some situations, and withholding rent incorrectly can result in an eviction judgment against you. Do not withhold rent without speaking to an attorney first.

Sue for damages. If the landlord's failure to maintain the property has caused you financial harm — such as property damage, medical expenses related to mold exposure, or costs of temporary housing — you may have a claim for damages in court.

Report to local code enforcement. Every Florida county has a code enforcement or building department that investigates habitability complaints. Filing a complaint creates an official record and may prompt faster action from your landlord. Note that a landlord cannot legally retaliate against you for reporting code violations.

What Not to Do

Just as important as knowing your options is knowing what to avoid.

Do not stop paying rent without legal advice. Withholding rent without following the correct legal procedure is one of the most common mistakes tenants make — and it often results in an eviction filing that overshadows the original repair dispute.

Do not make the repairs yourself and deduct the cost from rent unless you have confirmed this is permitted under your lease and Florida law in your specific situation.

Do not move out without following proper notice procedures. Abandoning the property without legal justification may expose you to liability for remaining rent under the lease.

Do not ignore an eviction notice if your landlord files for eviction in response to your repair complaints. Retaliatory eviction is illegal in Florida, but you must appear in court and raise that defense — it will not be assumed.

Retaliatory Eviction — Know Your Protection

Florida Statute §83.64 specifically protects tenants from retaliation. A landlord cannot evict you, raise your rent, or reduce your services because you reported a code violation, complained about habitability, or contacted a government agency about conditions in your home.

If your landlord takes any of these actions within a certain time period after you exercised your legal rights, Florida law presumes the action is retaliatory. This presumption can be a powerful defense in an eviction case and the basis for a separate legal claim.

Frequently Asked Questions

My landlord says the repair is my fault. What do I do? Document the condition thoroughly with photographs and video. If the damage was caused by normal wear and tear or a pre-existing condition, your landlord is responsible for the repair regardless of what they claim. An attorney can help you respond to this situation.

Can I call a repair person myself and send my landlord the bill? In limited circumstances Florida law may allow this, but the rules are specific and the risk of doing it incorrectly is high. Speak with an attorney before taking this step.

My landlord is threatening to evict me for complaining about repairs. Is that legal? No. Retaliatory eviction is illegal under Florida Statute §83.64. If you believe you are being evicted in retaliation for requesting repairs or reporting code violations, contact us immediately.

What if I am in a month-to-month tenancy with no written lease? Florida's habitability requirements apply to all residential tenancies regardless of whether there is a written lease. Your landlord's obligations are the same.

How long do I have to take action? Florida's statute of limitations for landlord-tenant claims varies depending on the type of claim. Do not wait — the longer a habitability problem goes unaddressed, the more it affects your health, your property, and your legal position.

The Bottom Line

A landlord's failure to maintain your home is not something you have to accept. Florida law gives tenants meaningful tools to force action — but those tools must be used correctly and in the right order. The most important first step is always a written notice sent by certified mail.

If your landlord has ignored your repair requests, contact Korte & Associates for a free consultation. We represent tenants throughout all of Florida and can help you understand your options before you take any action that could affect your case.

Call (561) 228-6200 or schedule online at calendly.com/bkorte-kortepa.

Facing Eviction in Florida? Here Are the Legal Defenses That Can Save Your Home

Thu, 09 Apr 2026 13:49:54 GMT

Receiving an eviction notice does not mean you have already lost. Florida law gives tenants powerful legal defenses — and knowing them before your court date can make all the difference.

Every year, thousands of Florida tenants are served with eviction papers and assume the process is a done deal. Many never show up to court, not realizing that a landlord must follow strict legal procedures — and that a single misstep on their part can be grounds to dismiss the entire case.

At Korte & Associates, we represent tenants exclusively. We have seen firsthand how the right defense, raised at the right time, can stop an eviction in its tracks. This guide breaks down the most important defenses available to Florida tenants under the Florida Residential Landlord and Tenant Act (Chapter 83, Florida Statutes).

Why You Must Respond — and Fast

In Florida, once you are served with an eviction complaint, you typically have five business days to file a written response with the court. Miss that window and a default judgment can be entered against you — even if you have a valid defense. Time is the most critical factor in any eviction case.

Florida courts count business days only. Weekends and court holidays do not count toward your five-day deadline. If the fifth day falls on a holiday or weekend, you have until the next business day.

Common Defenses Florida Tenants Can Raise

Below are the defenses most frequently available to tenants in Florida eviction proceedings. Not every defense applies to every situation — but each one has stopped evictions when properly raised.

1. Defective Three-Day Notice

Most evictions for nonpayment of rent begin with a three-day notice to pay or vacate. Under Florida Statute §83.56, this notice must contain the exact amount owed, be properly addressed, and be delivered in a legally sufficient manner. If the notice overstates the rent owed (including improperly adding late fees), names the wrong amount, or was delivered incorrectly, the entire eviction may be dismissed.

2. Landlord Accepted Rent After Serving Notice

If your landlord served you with a three-day notice and then accepted a full or partial rent payment, they may have waived their right to evict you. Florida courts have held that acceptance of rent after a notice is served can defeat the eviction action entirely. This is one of the most overlooked defenses and one of the most powerful.

3. Retaliatory Eviction

Under Florida Statute §83.64, a landlord cannot evict you in retaliation for reporting housing code violations, contacting a government agency about conditions in your home, or exercising any right protected under Florida law. If you complained about mold, lack of heat, pest infestations, or other habitability issues shortly before receiving an eviction notice, retaliation may be a defense.

4. Discriminatory Eviction

The Fair Housing Act and Florida law prohibit eviction based on race, color, national origin, religion, sex, familial status, disability, and in many Florida localities, additional protected categories. If you believe you are being evicted for discriminatory reasons, this is both a defense to the eviction and the basis for a separate legal claim.

5. Landlord's Failure to Maintain the Property

Florida Statute §83.51 requires landlords to maintain rental properties in a habitable condition — functioning plumbing, weather protection, pest control, and more. If your landlord has failed to make required repairs, you may have the right to withhold rent or terminate the lease after proper written notice. In an eviction for nonpayment, the landlord's own failure to maintain the unit can be raised as a defense.

6. Rent Was Paid or the Amount Is Disputed

If you have receipts, bank records, or other evidence showing rent was paid — or that the amount claimed is incorrect — that evidence can directly defeat a nonpayment eviction. Always keep copies of every payment you make, whether by check, money order, or electronic transfer.

7. Improper Service of Process

Even if a landlord has a valid reason to evict, they must follow precise legal procedures to serve you with the eviction complaint. If the summons and complaint were not served correctly under Florida law, the court may not have proper jurisdiction to hear the case.

8. Lease Violations Were Cured Within the Notice Period

For evictions based on lease violations other than nonpayment of rent, Florida law generally requires a seven-day notice giving you the opportunity to cure the violation. If you fixed the problem within that window and your landlord still filed for eviction, the case may not be able to proceed.

What Happens If You Do Nothing

If you receive an eviction complaint and do not file a written response within five business days, the court will almost certainly issue a default judgment against you. This means a writ of possession can be issued, and the sheriff can remove you from your home — sometimes with as little as 24 hours' notice after the writ is served.

Even if you believe the eviction is valid, responding preserves your rights, buys time, and may allow you to negotiate a better outcome — including more time to move or a payment arrangement to avoid an eviction on your rental record.

Frequently Asked Questions

Can I be evicted without going to court in Florida?

No. Florida law requires a landlord to file an eviction lawsuit and obtain a court order before you can be removed from your home. A landlord who changes your locks, removes your belongings, or shuts off utilities to force you out is committing an illegal "self-help" eviction — which is itself a violation of Florida law.

Does filing for bankruptcy stop an eviction?

In some circumstances, filing for bankruptcy triggers an "automatic stay" that temporarily halts eviction proceedings. However, the rules are complex and depend on where you are in the eviction process. Speak with an attorney before assuming bankruptcy will protect you from eviction.

What if I can't afford an attorney?

Many tenant rights attorneys, including our firm, handle eviction defense cases on a fee structure designed to be accessible. Florida law also provides for attorney's fees in certain landlord-tenant disputes, which can affect how your case is handled. Contact us for a consultation — there is no cost to speak with us.

How long does the eviction process take in Florida?

An uncontested eviction can move quickly — sometimes within two to three weeks from the filing of the complaint. However, when a tenant files a written response and raises valid defenses, the process is significantly extended. This is one of the most important reasons to respond immediately.

The Bottom Line

An eviction notice is not the end of the road. Florida law gives tenants real, enforceable rights — but only if those rights are exercised in time and in the correct way. The defenses described above have helped countless tenants remain in their homes, negotiate better outcomes, and hold landlords accountable for their own violations.

If you have received an eviction notice, do not wait to see what happens. Every day matters.

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What Landlords Are Required to Do

Florida Statute 83.51 requires landlords to maintain rental units in a safe, clean, and livable condition. If your landlord isn’t meeting these responsibilities, you may be able to take legal action or withhold rent under certain conditions.

�� What Landlords Are Required to Do

Under Florida law , landlords must:

Keep the property in good repair

Maintain the roof, windows, doors, floors, and walls so they are structurally sound.

Provide working plumbing and hot water

Tenants must have access to safe drinking water and functioning sinks, toilets, and showers.

Ensure proper heating (and cooling if provided)

Heating must be working. If the unit came with A/C, it must also be maintained.

Maintain pest control (in multifamily units)

In buildings with more than 4 units, landlords are responsible for routine extermination.

Provide garbage disposal facilities

Must supply working garbage containers and arrange for removal.

Comply with all building, housing, and health codes

�� How to Spot a Violation

Look out for these common signs of noncompliance:

Problem - Possible Violation

Leaky roof or ceiling stains

Failure to maintain the roof

Mold, mildew, or water damage

Plumbing or ventilation issues

No hot water or non-working toilet

Plumbing system violation

Broken windows or doors that won’t lock

Safety and security hazard

Rodents, roaches, or bedbugs

Lack of pest control (for multifamily)

Broken A/C in hot weather (if included in lease)

Failure to maintain appliances provided

Unsafe stairs, railings, or flooring

Structural dangers

Lack of smoke detectors or fire hazard

sHealth and safety code violations

�� What to Do If You Spot a Violation

Document the issue

Take photos, videos, or write a dated description.

Notify your landlord in writing

Send a written request for repairs. Keep a copy.

Give the landlord 7 days to fix it

This is required before taking further action.

Call Code Enforcement or a Lawyer

If your landlord doesn’t act, report the issue or seek legal help.

DO NOT stop paying rent unless you follow legal steps

Withholding rent incorrectly can lead to eviction.

⚖️ Need Help?

If your landlord is violating Florida Statute 83.51, you may have legal rights to demand repairs or compensation — but it must be done the right way.

Korte & Associates, PLLC can help you:

Enforce repair obligations
Demand compensation for property damage
Fight eviction for exercising your rights

Inherited Property with Debt in Florida? Know Your Options

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Florida Security Deposit: Normal Wear and Tear vs. Damage - Tenant Rights

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What Happens If You Ignore an Eviction Notice in Florida?

Sun, 08 Jun 2025 20:46:29 GMT

Understanding the Fine Print

Fri, 06 Jun 2025 17:44:36 GMT

Key Clauses to Look for in Your Florida Lease Agreement (and What They Mean for You)

Florida Tenant Rights: What Landlords Can’t Do

Fri, 04 Apr 2025 13:30:06 GMT

As a tenant in Florida, it’s essential to know your legal rights. Understanding what landlords can and cannot do helps protect you from unlawful actions and ensures a fair rental experience. This article will walk you through common actions that landlords are not legally allowed to take and what steps you can take if your rights are violated.

How to Get Legal Help for Housing Issues

Wed, 02 Apr 2025 13:30:00 GMT

When you're dealing with housing problems—whether it's unresolved repairs, disputes over rent, or threats of eviction—it’s important to know your rights and where to find legal support. In Florida, tenant protections exist, but understanding how and when to access legal help can make all the difference in resolving these issues.

Florida Tenant Rights: What Your Landlord Can't Do

Mon, 31 Mar 2025 13:30:05 GMT

When you rent a home or apartment in Florida, you have legal rights that your landlord must respect. While landlords maintain certain responsibilities and property rights, there are clear limits to what they can legally do. Understanding these protections can help you avoid mistreatment and know when to seek legal guidance.

Do I Need a Lawyer to Sue My Landlord?

Fri, 28 Mar 2025 13:30:00 GMT

Disputes between tenants and landlords are not uncommon. Whether it’s a lease violation, a failure to make repairs, or wrongful eviction, there may come a point where legal action feels like the only remaining option. But do you actually need a lawyer to sue your landlord in Florida?

How to Negotiate More Time on an Eviction Notice in Florida

Tue, 25 Mar 2025 19:52:18 GMT

Being served with an eviction notice can feel overwhelming. Whether you’ve missed a rent payment or are facing disputes with your landlord, you may be wondering if there’s any way to delay the process or buy yourself some extra time. In Florida, tenants do have rights — and understanding them can help you respond strategically.

1. Understand the Type of Eviction Notice

Not all eviction notices are the same. The notice you receive will depend on the reason for eviction. Common types include:

3-Day Notice to Pay Rent or Vacate – This gives tenants 3 business days (not including weekends or holidays) to pay the rent due or leave.
7-Day Notice to Cure or Vacate – Typically used for lease violations other than nonpayment.
7-Day Unconditional Quit Notice – This does not give the tenant a chance to fix the issue and is typically issued for serious or repeated lease violations.

Identifying the type of notice helps you know what deadlines and legal options apply.

2. Communicate with Your Landlord Promptly

If you want to negotiate for more time, communicate early and clearly with your landlord. You might explain:

Why the rent is late
When you can pay (if possible)
If you’re applying for rental assistance
That you’re willing to work out a plan

Sometimes, landlords are open to a short extension, especially if they believe the issue will be resolved soon. Make sure to keep documentation of your communications in case they’re needed in court.

3. Apply for Rental Assistance (If Eligible)

Applying for rental assistance may not stop the eviction on its own, but it can help you:

Show the court you're trying to resolve the situation
Offer proof to your landlord that payment is coming

Florida residents may qualify for assistance through local housing programs, nonprofits, or other resources.

4. File a Response If You’re Taken to Court

If the eviction notice turns into a legal case (you’ll receive a summons and complaint), you’ll need to respond quickly — typically within five days of being served.

Your response, called an “answer,” is your chance to explain your situation to the court. It may include:

Proof of payment or partial payment
A defense (e.g., landlord didn’t maintain the property)
A request for more time to vacate

Consulting with a tenant lawyer can help you understand your legal position and avoid default judgments.

5. Ask the Court for More Time

In certain circumstances, you may ask the court for more time to move out. Judges in Florida have discretion, particularly if:

You have children or dependents
You’re elderly or disabled
You show good faith effort to resolve the issue

The judge is not required to grant more time, but they may allow a few extra days or weeks based on your circumstances.

6. Consider Mediation

In some counties, mediation is available before the eviction goes to a full hearing. During mediation:

Both you and your landlord meet with a neutral third party
You can try to reach an agreement without going to trial
You may be able to negotiate more time or alternative solutions

If successful, this agreement becomes binding and avoids further court involvement.

7. Get Legal Guidance

Eviction cases move quickly. Consulting with a tenant lawyer can:

Help you file the proper documents
Improve your chances of staying in your home longer
Protect your rights and avoid court errors

Many firms in Florida offer consultations or flexible payment options for eviction defense.

Final Thoughts

If you’ve received an eviction notice in Florida, don’t panic — and don’t ignore it. Time is critical. Review your notice, communicate early, seek assistance, and understand your legal rights. With the right steps, you may be able to negotiate more time or resolve the matter altogether.

Need legal help navigating an eviction in Florida?
Contact Korte & Associates to learn your options and protect your rights as a tenant.

Can My Landlord Kick Me Out Without Notice?

Fri, 14 Mar 2025 12:45:01 GMT

Understanding Your Rights as a Tenant: What Florida Law Says About Evictions Without Notice and How to Protect Yourself.

Landlord-Tenant Disputes: When to Get a Lawyer

Thu, 13 Mar 2025 12:45:00 GMT

Landlord-tenant disputes can arise over lease agreements, maintenance issues, rent increases, or eviction notices. Knowing when to seek legal help can make a difference in protecting your rights and resolving conflicts effectively.

What to Do If Your Landlord Is Evicting You

Wed, 12 Mar 2025 12:45:00 GMT

Facing eviction can be overwhelming, but understanding your rights and options can make a difference. Learn the steps to take if your landlord is evicting you, from understanding legal notices to seeking legal assistance in Florida.

How to Find a Tenant Lawyer Near Me

Thu, 06 Mar 2025 22:22:30 GMT

A Complete Guide to Finding the Right Tenant Lawyer Near You to Protect Your Rights and Handle Rental Disputes Effectively

Navigating tenant-landlord disputes can be stressful, and finding the right legal representation is essential to protecting your rights. Whether you are facing an eviction, dealing with unsafe living conditions, or need guidance on lease agreements, a tenant lawyer can help. This guide will walk you through the process of finding a qualified tenant lawyer near you.

Why You Might Need a Tenant Lawyer

A tenant lawyer specializes in landlord-tenant law and can assist in various situations, including:

Eviction Defense – If you are facing eviction, a lawyer can review your case and advise on possible defenses.
Security Deposit Disputes – If your landlord has unfairly withheld your security deposit, legal guidance can help you recover your funds.
Unsafe Living Conditions – If your landlord refuses to make necessary repairs, an attorney can help enforce your rights.
Lease Agreement Issues – Legal professionals can review your lease to ensure it complies with state and local laws.
Retaliatory Actions – If your landlord is taking action against you for asserting your rights, a tenant lawyer can provide support.

Steps to Finding a Tenant Lawyer Near You

1. Research Online Directories

Start your search by checking online legal directories. Websites such as the Florida Bar Lawyer Directory allow you to search for lawyers by location and practice area.

2. Search for "Tenant Lawyer Near Me" in Google

Using keywords such as "tenant lawyer near me" or "rental lawyer near me" can help you find local legal professionals who focus on landlord-tenant disputes. Look for attorneys with strong client reviews and a history of handling cases similar to yours.

3. Check Legal Aid Organizations

If you are unable to afford a private attorney, there are nonprofit organizations that provide free or low-cost legal aid for tenants, such as:

Legal Aid Society of Palm Beach County
Florida Rural Legal Services
Community Justice Project

4. Read Client Reviews and Testimonials

Client reviews offer insight into an attorney’s success rate and approach to client service. Search for testimonials on Google, Avvo, and Yelp to understand the experiences of past clients.

5. Consult with Local Tenant Advocacy Groups

Organizations such as Florida Tenants Union and National Low Income Housing Coalition can provide recommendations for experienced tenant attorneys.

6. Verify Credentials and Experience

Check if the attorney is a member of the Florida Bar Association and ensure they specialize in tenant rights and landlord-tenant law.

7. Schedule a Consultation

Many tenant lawyers offer initial consultations. Prepare a list of questions to discuss your case, potential legal strategies, and the attorney’s fees. Ask about:

Their experience handling cases similar to yours
Expected outcomes
Legal fees and payment options

8. Understand Legal Fees and Payment Plans

Some attorneys charge hourly rates, while others offer flat fees for specific legal services. If cost is a concern, ask about:

Free consultations
Payment plans
Pro bono services

Questions to Ask Before Hiring a Tenant Lawyer

To ensure you choose the right lawyer for your needs, consider asking:

How much experience do you have with tenant-landlord disputes?
Have you handled eviction defense cases before?
What are the potential legal strategies for my case?
What are your fees and do you offer payment plans?

Conclusion

Finding a reliable tenant lawyer near you can make a significant difference in resolving disputes with your landlord. By conducting thorough research, verifying credentials, and scheduling consultations, you can ensure you have the legal support needed to protect your rights.

If you need assistance with a landlord-tenant dispute in Florida, feel free to contact our team for more information.

Tenants Guide to Eviction in Florida

Tue, 28 Jan 2025 19:41:50 GMT

Florida Eviction Process

Your Rights as a Tenant During the Eviction Process

Tue, 07 Jan 2025 15:15:54 GMT

Common Eviction Myths Debunked: What Tenants Should Know

Mon, 06 Jan 2025 19:21:22 GMT

Confused about eviction in Florida? Learn the truth behind common myths. Can a landlord really evict you overnight? Understand your tenant rights in Florida.

What to do About Mold?

Thu, 19 Dec 2024 16:05:39 GMT

Mold in a rental unit can be more than just an inconvenience—it can impact your health and safety. What are your rights as a tenant if your landlord ignores the issue? Learn what steps you can take to address mold problems in your home.

Why Writing a Letter to the Judge Won't Stop an Eviction in Florida

Wed, 18 Dec 2024 16:25:40 GMT

Facing an eviction can be an overwhelming experience, and many tenants look for ways to plead their case directly to the court.

Facing an eviction can be an overwhelming experience, and many tenants look for ways to plead their case directly to the court. Writing a letter to the judge might seem like a reasonable step, but in Florida, it is unlikely to stop the eviction process. Understanding why this approach doesn’t work—and what tenants should do instead—can make a significant difference in protecting your rights.

The Legal Process for Evictions in Florida

Evictions in Florida are governed by strict legal procedures outlined in Chapter 83 of the Florida Statutes, also known as the Landlord-Tenant Act. Here’s a brief overview of the process:

Notice to Vacate : The landlord must serve the tenant with a written notice, such as a 3-day notice for nonpayment of rent or a 7-day notice for lease violations.
Filing the Eviction Lawsuit : If the tenant doesn’t comply with the notice, the landlord can file an eviction complaint with the court.
Tenant’s Response : The tenant has five business days to respond to the complaint after being served.
Hearing or Judgment : If the tenant files a response, the court may schedule a hearing. If the tenant does not respond, the court may issue a default judgment in favor of the landlord.
Writ of Possession : If the landlord wins the case, the court issues a writ of possession, allowing the sheriff to remove the tenant.

Why a Letter to the Judge Isn’t Enough

Florida courts operate under rules that require formal filings and adherence to specific procedures. A letter to the judge may not:

Be Legally Recognized : Judges cannot consider ex parte communications—private correspondence from one party—outside the formal legal process. This ensures fairness to all parties.
Constitute a Formal Response : To contest an eviction, tenants must file a written response or motion with the court within the required timeframe. This response must follow legal formatting and procedural rules.
Stop the Clock : Eviction cases move quickly in Florida. Merely writing a letter will not pause the process or prevent the landlord from obtaining a default judgment if no formal response is filed.

Hearings Are Not Automatically Scheduled

Tenants should be aware that filing a response to the eviction complaint does not automatically result in a court hearing. It is the tenant’s responsibility to request a hearing from the court. If no hearing is requested, the judge may proceed to issue a ruling based on the documents filed by both parties. Therefore, tenants must take proactive steps to ensure their case is heard, including explicitly asking the court to schedule a hearing.

What Tenants Should Do Instead

If you are facing eviction in Florida, here are steps you can take to protect yourself:

Respond to the Complaint : File a written response with the court within five business days of being served. Include any defenses you may have, such as improper notice or landlord violations.
Pay Into the Court Registry : If the eviction is for nonpayment of rent, deposit the owed rent into the court registry as required by Florida law. Failing to do so may result in losing your case automatically.
Seek Legal Assistance : Consult with an attorney or contact legal aid organizations in your area. They can help you navigate the eviction process and ensure your rights are protected.
Attend the Hearing : If a hearing is scheduled, make sure to appear and present your case. Missing a hearing could result in a judgment against you.

Final Thoughts

While it may feel tempting to write a heartfelt letter to the judge, it’s important to remember that Florida’s eviction process relies on formal legal steps. Ignoring these procedures can result in losing your home and additional financial burdens. By understanding your rights and taking appropriate legal action, you stand a better chance of resolving the situation effectively.

What Are Your Rights When Your Landlord Won't Fix a Leaky Roof?

Fri, 15 Nov 2024 16:30:21 GMT

Is your roof leaking?

3-Day Notices on Doors: A Potential Violation of Florida Statute 559.72

Fri, 22 Sep 2023 15:42:00 GMT

In the realm of tenant-landlord relations, the posting of a 3-day notice to a tenant’s door has been a common practice in Florida when landlords seek to initiate eviction proceedings. However, recent scrutiny of this practice has raised questions about its legality under Florida law, particularly in light of Florida Statute 559.72, which governs debt collection practices.

Florida Statute 559.72, often cited as the Florida Consumer Collection Practices Act (FCCPA), is designed to protect consumers from unfair and deceptive debt collection practices. It outlines specific requirements that debt collectors, including landlords seeking unpaid rent, must adhere to when attempting to collect a debt. Critics argue that posting a 3-day notice on a tenant’s door may violate this statute.

Section 559.72(9) of the FCCPA states that a “debt collector” must not communicate with a debtor in a way that violates their privacy. While the statute doesn’t explicitly mention 3-day notices, some legal experts argue that posting such notices on a tenant’s door without any form of confidentiality or discretion could be seen as a violation of this provision.

Attorney Jessica Ramirez, who specializes in tenant rights in Miami, explains, “The purpose of the FCCPA is to prevent abusive and harassing debt collection practices. Posting a notice on a tenant’s door for all to see might be seen as public shaming and an invasion of privacy, which could be interpreted as a violation of the law.”

Additionally, proponents of tenant rights argue that posting 3-day notices on doors can create undue stress and embarrassment for tenants, especially when neighbors and passersby can see the notice. This could have detrimental effects on a tenant’s mental well-being and reputation within the community.

Some legal experts also raise questions about the notice’s validity when it is posted on a door rather than delivered through a secure and private method, as required by the statute. The lack of proof of delivery and potential damage to the notice could pose legal challenges for landlords attempting to evict tenants.

However, it’s important to note that the interpretation of Florida Statute 559.72 in relation to 3-day notices posted on doors is still a matter of debate within the legal community. The statute does not explicitly mention this practice, and court decisions on the matter are limited.

In response to these concerns, tenant advocacy groups are calling for clearer guidance and potentially legislative amendments to address this issue. They argue that a clear and uniform method of delivering 3-day notices should be established to ensure compliance with the FCCPA and protect tenant rights.

As this debate unfolds, it underscores the importance of clarifying and modernizing Florida’s eviction and debt collection laws to align them with the evolving landscape of tenant-landlord relations. Clarity in the law can provide security and fairness for both landlords and tenants and promote equitable resolution of disputes.

Florida Eviction Laws Under the Spotlight: A Defense Lawyer’s Perspective on the Need for Reform

Fri, 22 Sep 2023 15:38:00 GMT

Facing Florida's rising cost of living, particularly soaring rental prices, defense lawyers argue that urgent changes to the state's eviction laws are needed to better balance the rights of landlords and struggling tenants.

Understanding Eviction Timeframes and Answer Filing Requirements in Florida

Sat, 20 May 2023 17:17:00 GMT

Introduction: Facing an eviction in Florida can be a daunting experience. To protect your rights and respond effectively to eviction notices, it’s crucial to have a solid understanding of the timeframes and answer filing requirements outlined in Florida law. In this blog post, we will delve into the key eviction timeframes specified in Florida Statute 83 and provide insights into filing an answer within the required deadlines.

Section 1: Notice of Termination and Timeframe to Cure Learn about the initial step in the eviction process: the Notice of Termination. Discover how this notice outlines the reasons for eviction and provides tenants with a timeframe to rectify the situation or vacate the premises.

Section 2: Filing an Answer: Meeting the Deadline Explore the importance of filing an Answer when served with a Summons and Complaint. Understand the specified timeframe within which tenants must respond to present their defenses, counterclaims, or objections to the eviction action.

Section 3: Crafting an Effective Answer: Protecting Your Rights Discover the essential components of an Answer and how it can help tenants address inaccuracies in the landlord’s claims, assert affirmative defenses, and potentially counterclaim for damages or breaches.

Section 4: The Consequences of Not Filing an Answer Understand the potential repercussions of failing to file an Answer within the designated timeframe. Explore how a default judgment may expedite the eviction process, making it crucial for tenants to meet filing deadlines to present their case before the court.

Section 5: Seeking Legal Assistance for Evictions Recognize the complexity of the eviction process and the benefits of consulting an experienced eviction attorney. Learn how legal guidance can help tenants navigate Florida Statute 83, adhere to the law’s requirements, and effectively present their case.

Conclusion: Understanding the eviction timeframes and answer filing requirements in Florida is crucial for tenants facing eviction proceedings. By staying informed about the deadlines and taking prompt action, tenants can protect their rights, present their defenses, and navigate the eviction process more effectively. Seeking legal assistance is highly recommended to ensure compliance with the law and receive expert support during this challenging period.

Disclaimer: This blog post provides general information and should not be considered legal advice. For specific guidance related to your situation, consult with a qualified attorney or legal professional.

How To Make Your Landlord Fix Anything!

Wed, 03 Aug 2022 14:20:00 GMT

If you have problems with your apartment, first ask your landlord, in writing, to repair the problems. If he refuses or fails to act, report the suspected violations to the city, or county if outside city, housing or building inspector. Get a copy of the inspector’s report if available and also gather other evidence concerning the violation such as pictures, physical evidence, or statements from witnesses that have first-hand knowledge of the violation.

If the landlord still refuses or fails to make the repairs, and the violation is substantial and material, (like plumbing or major appliances), you may write a letter to the landlord using the following format:

FROM:
DATE:
TO:

Dear (Landlord):

You are hereby notified that you are in non-compliance with the lease agreement/Florida Statutes/housing code, (choose as applicable). The problems/defects are: (outline all the problems and attach a copy of the inspectors report if available). If every reasonable effort is not made to correct the above violations/deficiencies within 7 days, I intend to: (select one) _____ withhold rent.

Please govern yourself accordingly.

Sincerely,

(Your Signature)

You may deliver the above written notice either by mail or by hand delivery. If you choose to mail your notice, send it “certified mail, return receipt requested” so that you have proof that the landlord received it. The landlord must receive this written notification at least seven (7) days before the rent is due. Therefore, in order to avoid any confusion as to the timeliness of your notice, it is advisable that you personally deliver the notice or send it as early in the rental period (the month) as possible, so that your landlord has even more than the required maximum time within which to make the repairs before your next rental payment is due. Should you hand deliver the notice, you may want to bring a witness with you other than a resident of your household, in case the landlord disputes that the notice was delivered or the date of delivery. Make sure to keep a copy of this letter for your records.

PLEASE NOTE THAT YOUR RENT MUST BE CURRENT AT THE TIME OF DELIVERY.

If the seven days have expired and the landlord still has not corrected the problems, you may withhold your rent. However, if you do withhold your rental payment, you should set that money aside because if the landlord sues you for nonpayment of rent, you will be required to deposit all rent that is due with the registry of the court until the matter is resolved. If the Court determines the defects were not material you may be subject to eviction, past due rent, court costs and attorney’s fees. Use this legal tool only if necessary. If it is not done properly, it could result in an eviction (i.e. rent was not current when delivered, rent was not saved, violations were minor defects, etc.).

Can The Landlord Come Into My Apartment?

Wed, 03 Aug 2022 14:09:00 GMT

THE BANK HAS STARTED A FORECLOSURE, WHAT TO DO FIRST?

Tue, 25 May 2021 19:51:00 GMT

So the bank has started foreclosure case and you were handed the foreclosure paperwork by a process server. What do you need to do:

Set the clock

After the lawsuit is filed, you will receive a notice of the complaint along with a summons. The summons tells you when you are to appear in court. You should also answer the complaint within 20 days to avoid a default judgment. If you do not file an answer with the court within the appropriate amount of time, the lender or servicer will file a motion for a default judgment. A default judgment will mean the lender automatically wins their case and by not responding, you have forfeited your chance to defend yourself.

Reach out to an attorney

It is always recommend seeking advice from an attorney immediately. There are many requirements to protect your rights and a foreclosure defense attorney should be able to help. You may not know of the several defenses that are available to fight foreclosure, but a foreclosure defense lawyer will. Most people that are facing foreclosure are already in financial hardship and so, they do not think they can afford a foreclosure defense lawyer. However, it is important to find a lawyer that offers free consultations so you can determine if you have a good case, and learn more about their payment structures.

Start a loan modification application.

One of the most popular options for most homeowners will be seeking a loan modification. The idea would be to lengthen your loan term and pay off the missed amount at the end of the extended loan term, with additional mortgage payments. This may also result in new and more favorable interest rates. A loan modification allows homeowners to negotiate any of the terms of their loan and to secure terms that are more favorable for them. Unlike forbearance agreements or even deferred payments, loan modifications are more appropriate for homeowners who will deal with financial struggles for a longer period of time. A loan modification is also not a brand new mortgage, as a refinanced mortgage is.

There are many other options that may be available to you. Feel free to contact us now for a free consultation in order to discuss your options.

WHAT DO I NEED FOR A LOAN MODIFICATION?

Tue, 25 May 2021 19:50:00 GMT

Feel free to contact us now for a free consultation in order to discuss your options.

Your right to your Security Deposit and what you need to know

Tue, 25 May 2021 14:45:00 GMT

• Even if you stop paying your rent you may be able to get your security deposit back.

• If you break your lease early you may be able to get your security deposit back.

• Once you move out (and if there is no damage) the Landlord has to notify you within 30 days whether they are making a claim on your security deposit.

• If the Landlord fails to notify you in time, the Landlord has to return ALL of your security deposit.

• If the Landlord does not return your money, we can help get a Court order to get you your money

How much time do I have to answer an eviction

Tue, 25 May 2021 14:07:00 GMT

Can my utilities be turned off? What are some things that a landlord cannot do?

Tue, 25 May 2021 14:07:00 GMT

If I’m forced to move within 24 hours, what about my belongings?

Tue, 25 May 2021 14:07:00 GMT

If you are evicted (served with a Writ of Possession), you must move within 24 hours, so you may want to, for example, rent a storage unit. If you are unable to completely move out within 24 hours, you should try to remove as many of your personal belongings from the landlord’s property as possible, even if it is only to the other side of the sidewalk from the landlord’s property.

If you do not remove your personal property within 24 hours, your landlord can:

If your landlord decides to keep your belongings, you can file for an exemption from the landlord’s lien with the court where the landlord filed the eviction lawsuit. Following a hearing with the judge, you may be able to get up to $1,000 worth of your property back.

Eviction and Paying Rent into the Court Registry

Tue, 25 May 2021 13:46:00 GMT

Why do I have to pay rent into the court registry?

In Florida, tenants must pay rent into the court’s registry during an eviction case. If you not pay the rent due, you may lose the eviction case by “default.” That means an eviction judgment is entered against you quickly, without any hearing or opportunity to tell your side of the story.

What do I have to pay into the registry?

If any of your rent was unpaid at the time the eviction case was filed, you must deposit that unpaid rent into the court’s registry.

The complaint filed by your landlord in the eviction case should state the amount of monthly rent that is due and the month(s) in which it was not paid.

If your landlord’s statement in the complaint is correct, you must deposit the amount he/she stated is owed. For example, if the complaint states that the rent is $700 per month and that it was not paid last month or this month, and if that is correct, you must deposit $1400 (two months’ rent) into the court’s registry.

If your landlord’s statement in the complaint is not correct because you have already paid all the rent, you are not required to deposit the amount your landlord claims is unpaid.

What if I disagree with the amount my landlord says I owe?

If you disagree with your landlord’s statement of unpaid rent in the complaint, you must file a “Motion to Determine Rent.”

In that motion, you:

1) explain to the judge why your landlord is wrong about the unpaid rent,

2) tell the judge the correct amount of unpaid rent, and

3) ask the judge to determine the amount of rent you must deposit.

If you file a Motion to Determine Rent, the law does not require you to deposit any rent until the judge rules on your motion and tells you how much to deposit. However, this law is interpreted differently by different judges around the state, and some judges will enter a “default” against you if you do not deposit the amount you claim is owed when you file your response. Therefore, if you file a Motion to Determine Rent, it is recommended that you go ahead and deposit what you believe is the correct amount of unpaid rent.

A new rent check is due since this case has started, do I pay the landlord?

If/when your rent comes due again while your eviction case is pending, you must deposit it into the court’s registry, instead of paying it to your landlord.

For example, if the eviction case was filed in May and is not resolved before June, you must deposit your June rent into the court’s registry when it comes due. You should deposit your rent into the court’s registry on or before the “due date” in your lease (usually the first day of the month). You must continue to do that every month until the eviction case is resolved.

Do I have to pay money to make a deposit into the court registry?

There is a fee for depositing your rent into the court’s registry.

However, if you are unable to pay the fee, you can ask the clerk of the court for an “Application for Determination of Civil Indigent Status.” On that form, you will list your income and expenses. If you qualify, the clerk will deposit your rent without charging you the extra fee.

COVID-19 Options For Tenants & Landlords

Sat, 28 Mar 2020 19:28:00 GMT

What options do tenants and landlords have right now if payment has become difficult due to the effects of COVID-19?

As for rent and mortgage payments, that depends on the financial institution that holds a mortgage on your property as well as your individual landlord. Most institutions at this point, are halting evictions and foreclosures during this time on properties that they hold a mortgage. The Federal Legislation that is expected to pass (CARES Act) has several eviction and foreclosure protections for properties backed by federal mortgages and subsidies.

If your city, county, or judicial circuit has an eviction moratorium in place, that is a good thing for tenants. However, just because folks aren’t getting evicted doesn’t mean there is a rent freeze. At some point, when this crisis is over, accrued rent is going to become due. Every county and most municipalities have a SHIP Office that is working to provide rental assistance at this time. Our state’s affordable housing programs are uniquely situated to respond to the COVID-19 crisis. If you can’t get assistance from the SHIP Office, your community may have nonprofits or philanthropic organizations that may help with rent. Landlords can seek out certain loan offerings and other financial assistance from programs that will be put online in response to this crisis.

If you have questions about your personal situation, please call us right away to have your case reviewed.

COVID-19 Statewide Moratoriums for Evictions, Rent Payments or Mortgage Payments

Fri, 27 Mar 2020 19:27:00 GMT

Are there any already or do you foresee statewide moratoriums going into place on evictions, rent payments or mortgage payments?

There is not currently a statewide moratorium on evictions, rent payments, or mortgage payments and I don’t know if we can expect that at this stage. The closest thing we have to a statewide moratorium on evictions was tucked in a Florida Supreme Court Administrative Order this week that suspended the requirement that court clerks issue writs of possession – a requirement for a person or family to be evicted. This order has caused confusion and some clerks are interpreting it to mean that they merely have the option to issue these writs. Some clerks’ offices are continuing to issue writs of possession.

Because there is no clear state directive, right now, everything is done piecemeal at the local level. Whether or not there is an eviction moratorium depends on your city, county, or in some cases, the judicial circuit you live in.

If you have questions about your personal situation, please call us right away to have your case reviewed.

COVID-19 Evictions

Fri, 27 Mar 2020 19:25:00 GMT

As we all know, Covid-19 or the Corona Virus has affected everyone. Here are a few Frequently Asked Questions we have been receiving from our clients. We want to ensure that everyone stays healthy and informed about how this epidemic has impacted any eviction matters. Let us help you!

The government said that all evictions are stopped, is this true?

NO. This only applies to properties relating to the Department of Housing and Urban Development. This is a limited number of cases and do not involve most landlord tenant cases. To see if your case fits into the narrow scope of HUD housing please see:
https://www.hud.gov/press/press_releases_media_advisories/HUD_No_20_042

If I get served with an eviction I don’t have to do anything since the Courts are closed.

The Courts are still open and operating on a limited physical capacity. This means that Landlords are still filing evictions, the Tenants still have to respond timely AND MUST CONTINUE to put the rent money in the registry. All legal deadlines are still in place. Thousands of evictions are still being filed in the State of Florida.

If I have been served with an Eviction, what do I have to do now?

You have 5 days to file a response to the Complaint from the date of mailing or the date of service (whichever date is later). If you fail to respond to the Complaint within 5 days, you will be in default and the Court may enter a Final Order of Eviction. Every county has different responses in place as does every judge. Let us help you navigate the process.

Can I write a letter to the Court to respond to the Complaint?

No, that is not sufficient, since the Clerk of Courts are open on a limited capacity, it is more prudent to file all responses electronically. We have access to electronic filing throughout the State of Florida. Please check with your local clerk’s office regarding paper filings or call us to help.

C an I still pay my rent into the Court Registry?

Depends on each County and the Clerks of Court. The Clerks are still open and taking the monthly rents to apply to the Court Registry. If you fail to put your rent into the Court Registry, the Court you will be in default and the Court may enter a Final Order of Eviction without allowing a hearing.

Will the Court set hearings in my case?

The Courts are still conducting telephonic hearings and moving the cases accordingly.

Are mediations still being set?

Many of the courthouses are adapting and setting up procedures to allow for telephonic mediations, where all the parties, attorneys and mediator conduct mediation via conference calls.

COVID-19

Thu, 26 Mar 2020 19:22:00 GMT

Are all Courts closed due to COVID-19?

At this time many Courts are closed to the public but that does not mean hearings are canceled. Many Judges are still proceeding as normal through the use of telephonic hearings.

How do I know if my local Courthouse is closed to the public?

You can visit the website for your local courthouse or see the attached link from the Florida Supreme Court who has an ongoing list of courthouse closures:
https://www.floridasupremecourt.org/Emergency

I was told the Courts stopped all foreclosures due to COVID-19?

That is not correct. Many counties have cancelled only foreclosure sales up to a certain date. You can find out if your specific county has cancelled foreclosure sales here: https://www.floridasupremecourt.org/Emergency

If the Court canceled all foreclosure sales, does that mean my foreclosure is over?

No. The Courts continue to take new cases and many are continuing to hear foreclosure cases. The Courts cancelling foreclosure sales will not preclude the Court from proceeding to a Final Hearing and Final Judgment at this time. Further, the Courts will likely reset the foreclosure sales immediately after the restrictions are lifted.

My bank told me they won’t foreclose due to COVID-19.

Though we cannot speak to all banks, our office is unaware of a general freeze on foreclosures by the banks. Expect that the banks will continue to push forward. Additionally, read any document you receive to the contrary very carefully.

My bank said I don’t have to pay my mortgage right now because of a COVID-19 forbearance.

Be very careful with the fine print before deciding not to make a mortgage payment. You may be opening yourself up to an immediate default when the forbearance is lifted.

The Government said foreclosures were suspended.

Make sure to read the published information carefully as only certain mortgages qualify for the statements made regarding suspension of foreclosures. Further a suspension of foreclosure does not mean your debt disappears. Make sure to read carefully the statements and qualifications.

https://www.fhfa.gov//Media/PublicAffairs/Pages/FHFA-Suspends-

Foreclosures-and-Evictions-for-Enterprise-Backed-Mortgages.aspx

https://www.hud.gov/coronavirus

Filing Your Answer to a Foreclosure

Wed, 30 May 2018 15:04:00 GMT

If you are served with a summons and complaint for foreclosure, this means the bank has filed a lawsuit against you. Even if you don’t want the home and just want to give it back to the bank you should file an answer.

How much time do I have?

You have twenty (20) days to file your answer. The 20 days start with the day after you are served.

You must respond even if:

What if I do not respond or do not meet the deadline?

If you don’t file an answer to the foreclosure complaint within 20 days after being served, the court will enter a default against you, allowing the foreclosure to proceed without any further notice to you from the court or your lender.

There are some limited circumstances where a default may be challenged. Contact your local legal aid office immediately if you do not understand the response time frames or if you receive a default judgment and you have not previously been notified of the law suit.

What do I say in my answer?

Do Not write a letter to the court explain how you got into this situation.

Do Not make admissions about the loan.

Do respond to each numbered paragraph in the complaint with an Admission or Denial.

If you denied something, you DO NOT have to explain why you disagree.

Can I Be Evicted If My Rental Home is Sold at a Foreclosure Sale?

Wed, 30 May 2018 13:58:00 GMT

Can a Bank Refuse to Give Me a Loan Modification?

Wed, 16 May 2018 15:20:00 GMT

Statute of Limitations in Florida Mortgage Loan Foreclosure Lawsuits

Wed, 16 May 2018 15:18:00 GMT

The term “statute of limitations” may have been thrown around before and you have probably heard it, but do you know what it means? “Statute of limitations” is a legal term referring to the period of time by law within which someone has to file a lawsuit, if at all, depending on the type of lawsuit to be filed. If the party—referred to as the “plaintiff”—who intends to file a lawsuit fails to file the lawsuit within the particular time period required by the applicable statute of limitations, the law dictates that that party is barred from later filing the lawsuit . So essentially, the “plaintiff” only has a limited amount of time to create and file another case against someone else- known as the “defendant”. If time passes, and the plaintiff does not file the lawsuit in enough time, then the plaintiff will forever lose their opportunity in filing that lawsuit. Because there are different time periods, or statute of limitations, associated with different lawsuits, it is vital to know which time period you might face or are currently dealing with.

For lawsuits in Florida involving a Promissory Note and/or a Mortgage, the applicable Florida statute of limitations is found in Section 95.11 of the Florida Statutes. Whether the lawsuit involves only a Promissory Note, only a Mortgage, or both a Promissory Note and a Mortgage, the applicable Florida statute of limitations in such instances is five (5) years. Regarding promissory notes, Subsection 95.11(2)(b), Florida Statutes, states in pertinent part:

“Actions … shall be commenced as follows: within five years [for] a legal or equitable action on a contract, obligation, or liability founded on a written instrument….”

Because a promissory note is a loan that creates a legal obligation that is set forth in a written contract—that is, the actual Promissory Note itself—any lawsuit to attempt to collect the loan debt must be brought within five (5) years of the event that constitutes a breach of the Promissory Note.

Likewise, regarding mortgage foreclosures, Subsection 95.11(2)(c), Florida Statutes, states:

“Actions … shall be commenced as follows: within five years [for] an action to foreclose a mortgage.”

Similar to a lawsuit involving a promissory note, the lawsuit brought to foreclose a mortgage must be within five (5) years within the event in order to cancel out the mortgage. Promissory notes and mortgages are very similar due to the fact that there are multiple situations that may cause a cancelling of the promissory note or the mortgage. The most common type of breach is a default on the promissory note and/or mortgage.

While there are various events that may cause a default of the note or mortgage, the most common way is when the borrower stops paying the mortgage before it is fully paid. Typically, most mortgage payments are paid monthly, so consequently, the date that the payment would be due is the due date of the month right after the borrower stopped making payments. For example, if your mortgage payment is due by the first day of every month until the mortgage loan is paid off in full, if the last time that you made a mortgage payment was in December of 2017, the default date would be January 1, 2018. Five (5) years from the default date of January 1, 2018, is January 1, 2023 . So, if the lender is going to sue you for not paying the correct amount on a promissory note or trying to foreclose a mortgage, they must file the lawsuit no later than January 1, 2023.If they do not, as mentioned above, they will forever lose the opportunity to pursue legal action against you.

Sued for a Debt on a House You No Longer Own?

Wed, 16 May 2018 15:17:00 GMT

According to these situations, the absolute worst thing you can do is to ignore the case. It will not keep the case from disappearing. As a matter of fact, it will only increase the probability that the mortgagee will try and obtain a default judgment against you and your negligence. The best thing you can do is to find legal help who have copious amounts of experience with dealing with these types of situations relating to consumer finance.