Florida Residential Landlord-tenant Law

FLORIDA RESIDENTIAL LANDLORD-TENANT LAW September, 2007 Revision I. LEASES: Required Terms: 1. Name of landlord 2.Name of Tenant 3. Property description 4. Amount of rent 5. Start date 6. Duration 7. Granting clause: Landlord hereby leases to tenant Note: leases do not have to be witnessed or notarized. Once signed, leases are not rescindable. There is no 3-Day cancellation period. 1. Late Fees \ Security Deposit \ Last Month’s Rent \ Bad Check Fee: are not provided by law, but may be provided by lease. In other words there is no restriction on such fees. You can include such fees in the 3-Day Notice if categorized “as additional rent” in the lease. 2. Repair: single family or duplex: may allocate repair responsibilities to tenant. Otherwise the landlord is legally obligated to keep property up to code. See Section 83.51 Landlords responsibility to maintain dwelling unit. Note: airconditioning is not required. Considerations: costs of repairs to landlord, verses costs of damage to property by tenant attempting repairs. 3. Jury Waiver: have one. 4. Assign ability: if you do not state not assignable the tenant may assign or sublease. 5. Notice to Vacate: §83.575 a lease of specific duration may provide that tenant must provide a notice of non-renewal up to 60 days prior to lease termination. The lease may provide for damages if the tenant fails to give notice. Tenant’s holding over with the landlord’s permission are liable for an extra months rent. 6. Form of Lease Written: The FAR\BAR lease is designed to be equitable between landlord and tenant, but is too tenant friendly for small landlords. Form leases often provide tenants extra rights that they would not otherwise have. Also be sure your lease is specifically a Florida lease. You are governed by Florida law. Oral: If you do not have a written lease, you have an oral lease under the terms provided in Florida Statutes Chapter 83. The term of the lease is the same as the rental payment period. i.e. rent paid monthly – month top month lease. Rent paid weekly- week to week lease. Note: make it a “business practice” to give a receipt for rent payments. That way the tenant’s lack of a receipt is proof of non-payment. Back To Top II. UNCONSCIONABLE RENTAL AGREEMENTS: 83.47 Prohibited Provisions in Rental Agreements: a provision that purports to preclude any of the rights and remedies of Chapter 83 or to limit landlord’s liability to Dulaire. the more likely to be enforced.2d 1341 (1982) A clause relieving the landlord of any liability for personal injuries suffered on the premises was not overturned inLockamy v. Volusia Realty Assocs. unpaid service charges of former occupant not to be basis for lien against rental property. Williams. will not be enforced. 287 (Broward 1999).2d 1080 (1st DCA 1987).tenant “under law” is unenforceable. The earlier the breach. 20 Fla.2d 372 (1st DCA 1985). Florida Statutes §180. Forfeiture of Security Deposit Upon Breach: enforceable if found to be liquidated damages. Weekly Supp 1228a (Broward County. not enforceable if found to be a penalty clause. York v. A clause reducing a notice to cure from seven to five days was ruled void by a county court in TCY Inc. Byrne 474 So. or sewer service to the owner of any rental unit or to a tenant or prospective tenant of such rental unit for nonpayment of service charges incurred by a former occupant of the rental unit. Powell 7 Fla L. 2d 100 (Volusia County 1986). Weekly Supp 72 (Dade 1995) A purchase agreement provided that the seller could evict the buyer if buyer defaulted on a payment was voided inPurcell v. A clause requiring tenant to vacated the premises by 5:00 pm on the day he received a demand for payment was ruled void by a county court in Bunton v. the less likely to be enforced. A party may recover any actual damages as a result to such provision 83. 511 So. Seller was required to file a foreclosure to recover possession. No municipality may refuse services or discontinue utility. A provision permitting the landlord to terminate the tenancy upon 30 days notice in the first 90 days of a year lease was voided as conflicting with 83. Forfeiture clause ruled inconscionable Imbimbo v.56(2) notice of noncompliance provisions. Supp. Morkin v. The larger the deposit. v. Inequitable. 2006). 7 Fla L. refusal or discontinuance of services for nonpayment of service charges by former occupant of rental unit prohibited. UTILITIES A utility company or even a municipality providing water a sewer services may not refuse service or discontinue service to either the owner or a prospective tenant due to an unpaid utility bill where service was in the name of a prior tenant. any such unpaid service charges incurred by a former occupant will not be the basis for any lien against the rental property or legal action against the present tenant or owner to recover such charges except to the extent that the present tenant or owner has benefited directly from the service provided to the former occupant. .3 Fla L. Bouchelle 411 So. Fleagane.2d 676 (2nd DCA 1991) where a liability waiver for defective locks was voided where tenant was raped because of defective door lock. Johnson. Weekly Supp. Back To Top III.47(2) A condo lease providing that acceptance of rent would NOT constitute waiver was upheld by the 1st Circuit court of Appeal in Philpot v. 13 Fla. exception (1)(a) any other provision of the law to the contrary notwithstanding. water. L. But see Ray v.135 provides Utility Services. Weekly Supp 739 (Escambia County 2000). Tampa Windridge Assoc 596 So. who left his wife and with an unpaid utility bill. In another case. 488 F. Pa 1976) aff’d 549 F. Supp 565 (D.011 (1) (2): County Court has exclusive jurisdiction to hear evictions unless: 1. The utility refused to let her open an account in her own name until the prior bill was paid. Stat §26. The county court was given injunctive power in landlord tenant matters under F. The court rejected these arguments in a case where the utilities were in the name of a husband. 34. The Circuit Court has jurisdiction pursuant to Fla. Stat. Guarino. & Gas Co. 1977). The court of appeal ruled that the city could not impose a lien against the rental property. The court stated that the city should have protected itself by requiring the landlord to co-sign for the utility account. Haynsworth v. water. Another court found that requiring a tenant to pay a former tenant’s water bill violated the equal protection clause Kroger v.2d 108 (Fla. The city kept billing the landlord for the previous usage and when the landlord still did not pay this bill. The court rejected these arguments in a case where the utilities were in the name of a husband. the water pipe broke while the landlord was in possession of the rental property resulting in a huge water bill which he did not pay. The court rejected her due process argument because she had enjoyed the benefit of the utilities. 1979). The court ruled that this violated due process Davis v. 3rd DCS 1990) the City of Miami Beach file a lien against the rental property for the unpaid utility bills of the former tenants. 412 F. Choice of Court Fla. South Carolina Elec. who left his wife and with an unpaid utility bill.011(1) B. the landlord may thereupon commence eviction proceedings. . Back To Top IV. The fact that the tenants received utilities was deemed not to be a benefit to the landlord.2d 795 (3rd Cir. (4) In any case where a (residential) tenant does not make a payment for service charges to a municipality for the provision of utility. Weir 497 F. The utility refused to let her open an account in her own name until the prior bill was paid. who kept his water bill current. 568 So. The statute applies if the utilities were in the name of the former tenant. The court rejected her due process argument because she had enjoyed the benefit of the utilities.C. Landlord Tenant Relationship .(b) This section applies only if the former occupant of the rental unit contracted for such services with the municipality or if the municipality provided services with knowledge of the former occupant’s name and period the occupant was provided the services. 1974). Amount in controversy exceeds the county court’s jurisdiction. or 2. City of Miami Beach.S. or sewer services.2d 139 (5th Cir. If the landlord had provided the deposit for the utility account.D. § 34. the statute would still apply of the municipality was provided the name of the former tenant and informed of the time period of the tenancy.S. Supp 1375 (E. In the case of Berke v.012 which would occur if the tenant filed a suit for injunctive relief in Circuit Court and the landlord filed a counterclaim for eviction. If the landlord seeks an injunction against the tenant from damaging the leased premises he may petition either the Circuit or the County Court. the city cut off the water without any notice to the tenant. JURISDICTION A. The landlord then rented the property to a tenant. B. Arbor Land Trust v. 1986) Kwong v.56(3) sets forth the requirements for the 3 Day Notice which are strictly construed. 4 FLW Supp. Frey v. Berry. 1991)(failing to state the exact amount of rent due). 891 So. Address: Notice is defective if it does not contain description of dwelling by either address or legal description. 2d 207 (Fla. Frey]. Storr. Broward Cty.. Seigel v. Orange Cty. Hoche v. 1997). The tenancy is terminated by the issuance of a notice to the tenant. 46 Fla. 3.1. Kentucky Fried Chicken of Long Island Inc. exclusive of any other fees or charges. names of all of the occupants 2. Late fees.S. 1992) b. 2d 94 (Fla. 878 (Fla. 572 (Fla. 2d 1990 (Fla. Stork 14 Fla. FDCPA (F.Weekly Supp 90A (Broward County 2006). Ct. 1997). Ct. 854 So. Shealey. A proper 3-day notice to evict is a condition precedent to eviction. McCabe. 1990). 5 Fla. Manatee Cty. 492 N. Ct.E. 4th DCA 2003) and should NOT require the rent to be deposited in the court registry prior to such determination.Div. Who may sign? 1. 852 So. court costs and sheriff’s fees. 2d 110 (Fla. 1st Dist.55. Faj-hein v. Alachua Cty. 2005)] 3. Ct. Supp. The court held that calling late charges “rent” in “House Rules” document executed simultaneously with lease not adequate to change nature of those charges. Supp. Duley.. eng.Y. 21 (Fla. A. Kornblatt. 532 So. Palawski v. Address of the property and the apartment number as it appears on the door. 1990). GROUNDS FOR EVICTION: Before a landlord can file a suit for possession he must terminate the tenancy.L. 1983). Alvarez. Where the tenant alleges possession based on right. Plaintiff will be required to foreclose [Blanco v. The lease did not contain any provisions relating to penalty payments for overdue rent. 44 Fla. Vinner v. Barcelona West v. L. 2d 457 (App. 7 day notice of non-compliance. 4 Fla. . 5 Fla. Rozier. Ct.Interest. Weekly Supp. The notice must contain the following: 1. If there is no landlord-tenant relationship the Plaintiff is not entitled to summary procedure [ Grimm v. Attorney fees. Stat. Ct. and 15 day notice of non-renewal. Supp. Lawson v. Failing to specify the amount of rent or stating the wrong amount owed. 1993). 559. Ct.S.2d 896 (Fla. Novoa. 50 Fla. 2nd 390 (N. 2d 113 (Fla.Y. Ortiz v. 2d 1354 (Fla 5th DCA 1988). Agency: A court in New York held that where there is not specific proof of the attorney’s authority to bind the landlord the attorney was not authorized to sign the 3 day Notice. § 83. Broward Cty. Back To Top V. Bell v. Supp. the Court is required to hold evidentiary hearing to determine existence of residential tenancy. 1 FLW Supp. 1981). Supp. Starkey v. Mason.2d 608 (Fla. The amount of the rent due. Livecchi. title or interest other than a landlord tenant relationship.785): An attorney issuing a 3 Day Notice falls under the Fair Depbt Collection Practices Act. Orange Cty. requiring a 30 day notice. There are three types of notices: 3 day notice to pay rent. 2d 71 (Fla. 2. 705 So. Huckabee. 3 day Notice. Ct. Grimm. If possession is based on contract for deed. 3rd DCA 2003). 4th DCA 1998) Fla.2d 672 (Fla. 583 N. Pinellas Cty. Kaplan v. Attorney: a.Manatee Cty. Ellis. 2d 130 (Fla. Heggs v. Tenant has previously issued landlord a 7 day notice of non-compliance under 83. Civ. Unsupported allegations should not be sufficient. LaBrada v. 480 So. 2d 176 (Fla. v. 6. Supp.Notice may state that payment can only be made in cash [Moskowitz v. v. 1991). Lawson v.60(2) requires the tenant to post the rent claimed in the court registry of a default judgment of possession will be entered. it should be dismissed without prejudice but without leave to amend. P. Bullard.21(c)(4). R. 46 Fla.60 1. Supp. Supp. a partial tender. 3d DCA 1991)].R. Ct. Forest Glen Townhome Associate.Supp. 1 Fla. Investment and Income Realty. Dade Cty Ct. 2d 10 (Fla. The date the 3 days are up. 2. 24 C. Waiver: Chronic acceptance of late payments could act to alter the date when rent is legally due. Delivery 1. All other defenses: F. 4. The landlord’s address where the rent is to be remitted 8. Bentley. Ct. . 1996). Ltd. 83. The landlord may refuse personal checks. 45 Fla. 5. The Housing Authority of the City of St. 475 (Fla. Inc. Kieth. Notice must be timely yet cannot be sent before rent is due. 4. Garcia v. Haines City Community Dev. 2 Fla L. Tender: The landlord may not refuse a tender of the full amount of the rent claimed before the 3 day notice expires. 1991). Courts are divided as to whether the five days must be added to the due date on the notice. Escambia County Ct. Volusia Cty. Volusia County Court 1986). Section 8 notice requirements: same as private housing except the LL must first give notice to the PHA before the LL may evict. Gardner. Pinellas Cty. Mgt Inc. 1990) (notice was improper where delivered to each public housing tenant on the first of the month even before the rent was due and the tenant had defaulted). 882. Aslam. Ct. 2d 140 (Fla.51(1). Failure to state date the rent must be paid. v. Shapiro v. v. 1990). 83. Ct. 5. Ct. A new action must be filed after the notice is correctly served on tenant.F. 6. 4 FLW Supp. The date the notice is posted. or whether the landlord waits 5 days before filing the eviction. Supp. Acceptance of a tender cancels the 3 day notice even if the check bounces. 44 Fla. Payment of the rent. Broward Cty. 1985). Alvarez. or a tender after the notice has expired. The landlord’s phone number Back To Top C. Ct.Weekly Supp 137 (10th Cir App. 1990) (notice that required “Rent” only or one that demands only that the tenant must vacate is defective). Dade Cty. 7. The tenant must provide some evidence that payment has been made. Puche. 2d 176 (Fla. 2d 1367 (Fla. 492 So. 20 Fla. Barrios.090(e). Ruiz 50 Fla. 2d 94 (Fla. 1993) ( notice was defective because landlord served notice on day rent was due). Curley v. The court should conduct a rent determination hearing 3. It does not matter whether the tenant personally receives it or it is posted 2. Weekly Supp. Mailing: requires that that the landlord adds 5 days for compliance date. Dade County. Dade Cty. Posting: preferred method of delivery. D. 16 Fla. Petersburg. Defective notices: If notice is defective.S. Defenses to non-payment of rent F. McMillan. Rolling Oaks Homeowners Assn. 409 (Fla. 1994) See also Royal Am. Manatee Cty. Fla. 2d 219 (Fla. Fla. 575 So. Supp. v. The name of the landlord as it appears on the lease and or the deed. L.1. 5th DCA 1985). 2d 95 (Fla. 3.S. 1. Stat. You have 7 days to vacate the leased premises. Oral Lease: The landlord may terminate the tenancy by issuing a notice of nonrenewal.2nd 197 Civ Ct.56(2)(a) “You are advised that your lease is terminated effective immediately. Inc.S. which MAY be accepted without constituting waiver as long as the action is initiated with 45 days of non-compliance. 2d 1 (Fla. e.56(2) There are two types of lease violation: curable and incurable. (b) T must have been given a specific written warning that a continued violation will be grounds for eviction. Supp.. 1. Section 8 rent: F. 83. Carbonell. Stat. Bodden v.” The notice must state with specificity the alleged lease or rule violation. F. Eviction upon a repeated violation: (a) First violation must have occurred within previous 12 months. § 83. Dade Cty. 7 day notice to Cure lease violation. Such “oral leases” will continue to renew until . Mocerino. 27 Fla. Fla.S. 1985). § 83. v. F. Failure to specify facts permitting eviction will deprive LL of possession. Second violation must be similar to first violation. § 83. Stat. Ct. b. Supp. See. Dade County v.56(5) makes an exception for acceptance of the government portion of Section 8 rent. 3. Curable: a. Nature of violation:  shooting at the landlord  arson  severely beating another tenant.g. 1988). 1994)  constant public drunkenness. No additional notice of violation is required. Nature of violation: all others Form of Notice: specify the non-compliance. Gill Street Inv. LL will be limited at trial to violation alleged in notice.57 provides that the lease period is determined by how often the rent is paid. Hew-Burg Realty v.. 11 Fla. Taylor v. Royal Am. This action is taken because (cite the violation). 2. 2d 115 (Fla. Broken Arrow Partnership v. 622 N. 354 So. 743 P. State that if the violation cited is repeated within 12 months the tenancy will be terminated without further notice. 33 P3d 694 (Okla App. PBC Investment Opportunities Inc. Godfrey. 2001) Form of notice: Fla. Orange County Ct. If there is no written lease Fla.E. states that if the non-compliance is not corrected in 7 days from the date the notice is delivered the tenency will be terminated. Id.Y. Malloy.S. 83. Waiver: LL’s acceptance of past due rent with knowledge of T’s breach of lease by nonpayment constitutes waiver of Landlord’s right to proceed with eviction.2d 345 (Alaska 1987)  prostitution. Mgt. 2d DCA 1978). 15 Day notice of non-renewal.56 (2)(a) gives as an example: i. where court held that LL failed to allege Asimilar violations’ because the three violations were not similar B driving vehicle in excess of speed limit. 2d 927 (Fla. playing stereo loud and verbally abusing other tenants. Incurable: a. i. d. Napoleon Broward Drainage Dist. Certain Lands. Annually: 60 days’ notice prior to end of any annual year. 2. damages. The summons must advise the tenant: i. Count II: Rent. 346 So. Summons details the separate response that must be filed and given to the landlord when there is a separate claim for money damages. the complaint may be posted conspicuously on the premises. attorney fees & costs a. Weekly: LL must give 7 days’ notice prior to end of any weekly period. If personal service can not be effected after at least 2 attempts at least 6 hours apart. a. b. Challenge of service a. Clement. 5th DCA 1983)] Although they don’t seem to realize this in Palm Beach. The court shall advance the cause on the calendar B. he is a tenant at sufferance. 2d 105 (Fla. 120. A combination summons may be used [Stein v.090(a). If the tenant is still in possession. Count I: Possession. landlord can proceed under summary claims rules. Complaint: 1. ii. d. Must set forth the address of the premises 6. 33 So. Documentation supporting tenants’s position must be attached. 2d DCA 1977). In all actions for possession. . T must file a motion with the clerk to determine the amount to be paid to the clerk.2d 1005 (Fla. Stat. ANSWER AND SUMMONS A.183(1). iii. Back To Top VI.48. Service: Fla. Count II: Rent. 160 Fla. b. 2d 716 (1948). v. quaterly: 30 days notice prior to the end of any quarterly period. Stat. § 51. § 83. Stat. Challenge of service is valid even if tenant has actual notice.000. If claim is less than $5. the LL is entitled to summary procedure as provided in Fla. Monthly: 15 days notice prior to end of any monthly period. Count I: Possession 4. COMPLAINT. Tenant has 20 days to answer. 439 So. 3. Summons: An eviction suit for possession and damages is bifurcated in that the possession count is expedited with only five days to respond. Service: must personally serve Fla. Must attach a copy of lease 2.011. The timing of the notice is determined by the term of the oral lease. 5 days excludes weekends and legal holidays.00. b.either the landlord or the tenant issues a notice of non-renewal. Hubbs. If tenant believes that the amount claimed in the complaint is inaccurate. Must attach copy of notice 3. Another copy of the complaint must be mailed to the tenant. c. a. Written lease: if the lease contains a termination date then it terminates on that date without further notice. and the damages count has twenty days to respond. If the landlord accepts a payment a new oral tenancy is created. 2. 1. Must state facts that authorize recovery 7. § 48. attorney fees & costs 5. c. Tenant has 5 days to answer Count I for possession: Berry v. c. damages. Must be filed in the county where the premises are situated 8. Rule 1. Diland. Hager v Illes.. D. The property manager must have written authorization from the owner to complete. R. 1993): 2. The authorization cannot serve to designate the property manager as the plaintiff in the eviction or to authorize the manager to seek the recovery of past due rent. § 865. 485 So. 2d 467 (Fla. 3. c.A. obtain a writ of possession. c. An informal answer such as a letter response still constitutes an answer. a.011. Universal American Realty Corp. Must be filed within 5 days excluding weekends and legal holidays. d. 3d DCA 1986). Equitable defenses may be permissible.09. 1993): a. Property Managers Definition of: A property manager is defined as “one who is responsible for day-to-day management of residential rental property and includes corporate property management firms that have primary responsibility for rental and management of residential rental property and licensed real estate brokers and salesperson. Mueller Enterprises. sign and file the eviction action for non-payment of rent. file a motion for default. 627 So.b.F.R. 2d 485 (Fla. 2. 627 So.59(2)  Attorney Failure to comply with fictitious name statute.. b. 5th DCA 1992). a property manager may: The Florida Bar re: Advisory Opinion-Non-Lawyer Preparation of and Representation of Landlord In Uncontested Residential Evictions. 2d 485 (Fla. it is waived. Fla. Motion to dismiss will not toll the time for answer. All defensive motions shall be heard prior to trial and shall be filed also within 5 days of service. 4th DCA 1981) (acceptance of late payments by LL.) b. 593 So.Crocker emphasizes that permitting tolling of time by filing a motion to dismiss would undermine summary procedure set forth in Fla. Back To Top 1. tenants waived any defects in service by posting). deprives LL of standing to file suit. 396 So. All defenses of fact or law must be contained in answer. 83. sign and file a lawsuit.” The Florida Bar re: Advisory Opinion-Non-Lawyer Preparation of and Representation of Landlord In Uncontested Residential Evictions. If the eviction is for non-payment of rent and is UNCONTESTED. v. . Designated non-lawyer property managers may handle uncontested residential evictions on behalf of both individual and corporate LLs. i. § 51. Proper signatories of notice of termination and complaint  Landlord  Property manager . 431 So. 2d 1037 (Fla. C. If tenant does not challenge method of service. Answer sufficient even if signed by a corporate officer rather than an attorney. 2d 1096 (Fla. Answer 1. 4th DCA 1983) (by answering summary eviction complaint and counterclaiming for affirmative relief and participating fully in trial on the merits and appealing. Stat. Crocker v. Inc. Malt v.S. J.Inc.J. 2d 1174 (Fla. Stat. draft and serve a 3 day notice. Smith.2d 608 (Fla.D. Patrick. Request for court to determine amount of rent owed. Patrick. § 83.61 permits landlord to apply to the court for disbursement of funds or for prompt final hearing if landlord can prove: i. ii. 1. 5th DCA 1984).ii. 1st DCA 2005). Stat. B. Payment (complaint must allege amount of rent owed and amount of rent that will come due. Lewis Enterprises Corporation v. 3 day issued by Mrs. Ltd. Allegation of no-landlord tenant relationship: If the defendant alleges that they are not a tenant. state or local government program which they are participating. Allegation Plaintiff has no standing: Where tenant alleged that the Plaintiff did not have standing to file the eviction suit the tenant was not required to post rent in the court registry. Even if tenant files a counterclaim. Controversy regarding whether Fla.Weekly Supp 257 (12th Cir App 1999) Lease was with Mrs. Huckabee. PAYMENT INTO COURT REGISTRY A. 3d DCA 1991). Back To Top VII. Coleus.L. 2d 11 (Fla. T’s receiving rent subsidies or public housing are only required to deposit portion of rent that tenant would be responsible to pay pursuant to federal. c. Does Fla.2d 774 (Fla 1980). Stat. Olszewska v. a. A. C. 5th DCA 1997). In Poole v. the amount alleged in the complaint and all rent as it accrues unless tenant alleges. tenant must still post the alleged rent in the registry of the court. 2d 573 (Fla. Stat. § 83.60(2) requires payment into the registry of the court. 891 So. 2d 1032 (Fla. Court may award all or any portion of funds to landlord or may proceed to final resolution.. Other personal hardship resulting form loss of rental income. 445 So. Claridge of pompano Condominiums 378 So.g. otherwise the tenant will not know how much rent should be posted). 590 So. (e. Letter to tenant’s counsel from insurance adjuster working for LL’s insurer which denied liability for tenant’s fire damage and advised that LL was put on notice of potential lawsuit was not a “paper in the action” so as to trigger rule of civil procedure requirement that default could be entered against LL by court only after LL had been given notice of tenant’s application for default. tenant must attach to motion documentation to show rent alleged in complaint is in error. then there is no requirement to post rent in the court registry Grimm V. 3-Day Notice. If tenant files motion for determination of rent to be paid into registry of the court.) . Patrick. since insurance adjuster was neither party to suit nor counsel for party.Americana Associates. eviction complaint filed in the name of Mr. 4. Fla. 3. If amount of rent is not clear the court must advise the tenant of the amount of rent to be posted.60(2) deprive tenant of procedural due process and the right of access to the courts as guaranteed by the constitution? It requires the court to enter a default judgment without hearing even when the sufficiency of the complaint or the court’s jurisdiction has been challenged. v.60(2) is constitutional. Hearing is limited in scope-only to determine an amount of rent to be posted. § 83. Patrick. danger of loss of premises. Ferro. b. Fla. 697 So. § 83. K. 2. See Pomponio v. 6 Fla. Stat. 2d 983 (Fla. 2d 298 (Fla. 2d 1259 (Fla. 4th DCA 1992). There must be a rental agreement between the parties. T or LL may request a jury to decide issues of facts. C & C Wholesale. Stat. C. Graham Companies. Id. 2d 927 (Fla. Stipulations are enforced in the same manner as other contracts. Nonacceptance by the LL of rent payments from or on behalf of T since issuance of the notice. . State ex rel. 2d 892 (Fla. Fla. 1938). Jennings v. Fla. “stipulations” may remain unenforced. R. 608 So..60(2) A. If answer not filed and rent not posted into registry of the court: Landlord entitled to default judgment and writ of possession to issue without further notice or hearing.62(2). 529 So. 83. § 83. Fla.Stat. Stat. 564 So. Fla. Simplified final hearing. denied. Stat. Back To Top IX. 1. and directs the sheriff to take the property into his or her possession. If answer filed but rent not posted then the landlord should be entitled to a default under F. 2. Carbonell. D. Fla.Statute has been held constitutional in Karsteter v. FINAL JUDGMENTS AND WRITS OF POSSESSION A.1. 183 So. B. § 83. Clark v. Kovitch. P. Proper notice given to T. Stipulations generally.56(3) (1995). Stat. § 83.. Settlement stipulations. c. 3d DCA) rev. The following facts should be established during a simplified eviction hearing: a. 821 (Fla. LL must have ownership of the property. b. § 83. e. Fla. v. The parties may waive their right to a jury trial.56(5) (1995). Krez v. Anytime after the writ of possession is executed. d. 602 So.56(3) (1995). Stat. The final judgment should direct the clerk of courts to issue a writ of possession. Fusco Management Corp. Federal Home Loan Mortgage Corp. Bodden v. There was a breach of the rental agreement by the T. Stat. § 83. the owner may change the locks on the doors at the time the writ of possession is executed. 2d DCA 1990). Hiett. 2d 773 (Fla. Civ.1988).43(3) (1995). Fla. 171 So. See Hauser “Florida Residential Landlord Tenant Manual”§3. The writ of possession describes the real property in question. Inc.02 [2][a] Default. 2d DCA 1986). Peacock. Unconscionable and repugnant contracts. 495 So. 2.580(a). 2d DCA 1978). 1984). i. 2d 694 (Fla. Additionally. the owner may also remove the personal property of the tenant. Sun Bank/South Florida. Back To Top VIII DEFAULT JUDGMENT: Fla. 3d DCA 1992). CONDUCTING THE HEARING A. N. § 83. Note that the default is as to possession only and not on the damages count. 457 So. If a meritorious defense has been alleged the case should be set for hearing. v.e. Landlord/tenant stipulations. Jacques v. 22 (Fla. 354 So. Cerrito v. 2d 1021 (Fla. § 83. B. 1937). Back To Top X.A.S. Wellington Crop. If answer filed and rent posted then the court should review the legal sufficiency of the answer. Molko. 521 So.60(2) (1994). 1..43(2) (1995). Tutor Time Learning Center of Royal Palm Beach. 112 So. Partnership v. LL has 15 days to return security deposit with interest if there is no claim or 2. Back To Top XI. 2d 952 (Fla. compliance with the court order. The bond’s main purpose is to protect the prevailing party. 2d 599 (Fla. Cerrito v. The bond must be reasonably related to the appeal. A prevailing party’s award of attorney’s fees pursuant to the final judgment may not be collected by the court as part of the bond. 1945). R. Stat. T must post a bond in accordance with the following conditions: a. If the prevailing party is sufficiently protected. 3 FLW Supp. 409 So. v. 1. Geary.49(3)(a) sets forth notification requirements when the tenant vacates the premises or upon termination of a written lease: 1. City of Plant City v. 2d 479 (Fla. LL has 30 days to give T notice of LL’s intent to impose a claim against the security deposit. Johns County. Raymond. Decillis. Posting bond. Butzloff. the bond need not be posted.45. 3. 398 So. Back To Top XII. 290 (Fla. C. Weinberger v. 2. Basadre.whether issuance of the motion will substantially prejudice the LL by not regaining the possession of property. 3d DCA 1980). provided no public policy is violated. 3d DCA 1984). SECURITY DEPOSITS A. Board of Public Instruction of St. Mann. b. 1927). Palm Beach Heights Development & Sales v. Either the LL or the T may file an appeal within thirty days of the final judgment. § 83. even where the tenant is not able to post bond and the landlord regains possession of the premises. 2d 253 (Fla. B. Tenants who wish to remain in possession must file both an appeal and a motion to stay. P. use or depreciation of the property.whether eviction will cause the T irreparable harm. 1981). Palm Beach County 1995). Knowing waiver. A tenant may knowingly waive constitutional or statutory rights to which he or she is entitled. 400 So. any other condition the court deems appropriate. damages for delay. Sheradsky v. 2d 525 (Fla. 5th DCA 1982). Fla.. 452 So. Royal Palm Beach Ltd. payment of costs interest. App. Stat. Test to determine whether the motion to stay should issue. 385 So. 2d 263 (Fla. Fla. D. . The Palm Beach County Court has adopted the following three-prong test: 1. Fla. The purpose and amount of bond. The tenant still has a right to an appeal. APPEALS AND MOTIONS TO STAY A. Ruby Mountain Construction & Development Corp. Fla. 2d 1170 (Fla. Kovitch. 9. or c.310©(2). Gilman v. 2. Coral Gables v. 3d DCA 1981). 3. Stat. 22 So. Who may file.whether a substantial question is raised on appeal. § 51.The courts may properly refuse to enforce unconscionable provisions of rental agreement. § 83. Inc.011(5). L. 2d 38 (Fla. the tenant is probably not required to give the 7 day notice in order to be entitled to a written claim from the landlord Speigner v. REASONABLE WEAR & TEAR: Normal wear and tear in light of the length of the tenancy does not constitute damages. Durene v.49(5). Rolle v. Weekly Supp. 448 So. c. Golden. Security deposit can be used for back rent if not prohibited by lease. State amount LL is claiming.3. 11 Cir. App. Weekly Supp 910 b (Broward County 2006) tenant’s deposit was set off against landlord’s damages. 13 Fla. f. The landlord may not send the claim to the vacated premises if he has knowledge of the tenant’s actual address Morkin v. the tenant must give written notice that he is vacating by certified mail or hand delivery at least 7 days before vacating. Golden. 478 (Fla. d. Tenant’s failure to give notice does not forfeit tenants’s right to security deposit. Be sent by certified mail at T’s last known mailing address. 4 FLW Supp. Weekly 529a (Broward County 1993) 9. Dulaire. 1999). If notice is defective or not timely tenant does not have to respond. Weekly Supp 398 (11th Cir. If tenant does not give forwarding address LL must still send notice to last known address (the address of rented premises) Hicks v. L. 6. If tenant does not timely object to notice. State the amount of the claim. he forfeits right to security deposit no matter how much damage the tenant has caused. Pekofsky v. In order for a tenant vacating before the expiration of the written lease or oral lease to be entitled to a written claim from the landlord. 6 Fla L. Alcime. Stat. State the address the objections should be sent to. Holland. 10. Armesto. 448 So. Inform the tenant he has 15 days to object or he will forfeit the amount claimed. Fla. Alcime. 525 (Fla. Landlord not. L. Ct. the security deposit may not be used by the landlord for purposes of a setoff against his claim for damages. Marchett. Landlord’s failure to properly claim the security deposit does not preclude an independent action for damages. 20th Cir. 11. he does not forfeit his right to claim against the deposit. 1 Fla L. 13 fla. Durene v.Cimovski. e. If landlord does not send notice. 1228a (Broward County 2006). 271 (Dade County 1996). Dade County 1992). Gersten v.49(3)(c). Gray. 2. 17 Cir. Tenant’s failure to do so relieves landlord of notice requirement. however required to send the claim to tenant’s attorney’s address where no other address was known.1993). 1__ Fla. If landlord fails to escrow the deposit.49(2)(a). If a tenant files a claim for return of the security deposit and prevails. 7. Landlord Terminates Rental Agreement Early: If the landlord evicts the tenant. Ct. 1990). Fla. App. and inform the landlord of new address. 4 Fla. L. then landlord keeps amount claimed and must return remainder within 30 days. Weekly Supp. tenant is entitled to attorney fees on the security deposit claim. Supp. Specify the reason for the claim. If tenant prevails on complaint for security deposit. 8. 2d 1208 (Fla. § 83. 4. . 3d DCA 1983). Weekly 478 (Fla. Pekofsky v. But see Stephenson v. but landlord prevails on counterclaim for damages. 5. 1 Fla. Fla. Cox. Stat. Notice must: a. W eekly Supp. Stat. § 83. b. 43 Fla. § 83. L. 1996). 3d DCA 1984). Newman v. 2d 1208 (Fla. Duty to maintain premises. And indicating the intention of the tenant to terminate the rental agreement. BREACH BY LANDLORD F. If LL: 1. Lakeway Management Company of Florida. The landlord must reasonably inspect premises before allowing T to take possession and must make all repairs necessary to transfer a reasonably safe dwelling unit fit for human habitation. Supp. Oak Hill Investment Co v.56(1) A.E. Real estate agent’s commission allowed as damages. 5.2d 727 (D. B. Stolowilsky. 2. 3d DCA 1988).Definition of normal wear and tear: “the wear which the property undergoes when the tenant does nothing more than come and go and perform the acts usually incident to an ordinary way of life. therefore.2d 42 (Palm Beach 1985). 6. Osborn 55 A. 2d 94 (Fla. 15 Fla. 694 So.K. Back To Top XIV. InTolles v. §83. DUTIES OF LANDLORD A. 2. 1.2d 950 (Fla. Burger Chef Systems Inc. Within 7 days after delivery. 3d DCA 1997). Of written notice by the tenant. Monarch Apartments. Specifying the non-compliance. Examples: Stove and refrigerator cleaning . Garcia. . LL was not liable for injuries to tenant’s guest sustained when she tripped on elevation change. § 83. 771 P. Stat.held normal wear and tear Love v. Burden of proof: Landlord must proved Tenant caused damages. Notice needs to be sent prior to 3 day notice otherwise defense of constructive eviction can not be raised. App 1947). locks & keys. Jablonski 605 N. 3. Duty of LL to repair dangerous defective conditions upon notice of their existence continues after T takes possession. maintenance of common areas.2d 79 (Kan.Stegeman v. garbage removal & receptacles. 374 So. The landord’s duty to maintain the premises is set forth in §83. Then burden on Tenant to show preexisting.5(1).51(1) or material provisions of the rental agreement. 4. LL did not have notice of allegedly dangerous elevation changes between a carpeted floor in the bedroom and tile surface in a hallway and. 527 So. to deduct. Back To Top XIII. Unless agreed otherwise the landlord is also responsible for: Extermination. Inc. 1989). The tenant may terminate the tenancy.C. heat & hot water. Fails to comply with Fla. Single Family Homes and Duplexes: 83. The landlord must comply with the health.2d 1130 (Fla 4th DCA 1970). McLennan v. Rozniak.St.” Tirrell v.O.. v. Note Landlord is entitled to do the work himself though and may recover a reasonable cost of repair.51(1) maintenance duties may be assigned to the tenant in the lease. Amount: evidence that Landlord paid for repairs is evidence that expenses were reasonable.2d 998 (Ohio App 1992) Carpet shampoo . housing and building codes. The landlord must however have notice of defects that occur in the premises after the tenant takes possession. Without consent: a. If the failure to comply with Fla.67 1. the landlord may not enter without the tenant’s consent except to protect or preserve. exhibit the unit 83. 2004) Back To Top B. Fla. 83. Reasonable time = 7:30 am – 8:00 pm 83. 3d DCA 1996) which held that tenant could not recover statutory damages where temporary interruption of water and elevator services was due to landlord’s general repairs and renovations and were not intended as a self help eviction]. Stat. Examples include. Ct.53 (d) 4.53(2)(b) c. the tenant shall not be liable for rent during the period the dwelling unit remains uninhabitable. § 83. b. Pilver v. weekly Supp. the landlords is notified of the absence. tenant may not be evicted based on non-payment of rent. heat. 2d 684 (Fla. 83. 676 So.53 (d). 3. C. FL [13 Fla L. Notice may be hand delivered or mailed to: 1. 143 So. the rent for the period of non-compliance shall be reduced by an amount in proportion to the loss of rental value caused by the non-compliance. supply services. Tenant absent: if the tenant is absent for half of a rental payment period.53. 2.51(1) or material provisions of the rental agreement is due to causes beyond the control of the LL and the LL has made and continues to make every reasonable effort to correct the failure to comply. Change locks or use any bootlock or similar device. Right to Enter: Fla. 2. Cir.. See Peeping Tom landlord case John Kaminski Jr. 3d DCA 1978). If the LL’s failure to comply renders the dwelling unit uninhabitable and the tenant vacates. § 83. Ralston. Berwick v. The landlord may enter the dwelling unit at any time without the tenant’s consent to protect or preserve the premises. 105] C PROHIBITED PRACTICES. . Property manager.53(2) b. 2004 WL 1965861 (Fla. 1. When tenant unreasonably withholds consent to inspect. Associates. In case of emergency 83. 3d DCA 1962). Suncoast Towers v. § 83. Dynelle Gibson Case 05-CC-02240LT 13th Judicial Hillsboro County. Stat. Harassment may rise to the level of constructive eviction. the rental agreement may be terminated or altered as follows: 1. Where tenant has reasonable basis for withholding rent and deposits same to court registry. Miller. Stat. If the LL’s failure to comply does not render the dwelling unit uninhabitable and the tenant remains in occupancy. v. 3. Lenox Realty Associates. Ltd. water. Person authorized to collect rent. [But see Badaraco v. 83. § 83. Includes: utilities under the control of or paid by landlord or provided for in the lease.53 (2)© 2. and the rent is current. gas.. Constructive Eviction.53(2) (the statute does not REQUIRE written notice) 3. 357 So.67(1). Harass: the landlord shall not abuse the right of access or use it to harass the tenant. 2d 502 (Fla. Upon reasonable notice: repair. Landlord. Interruption of any utility service furnished the tenant. Kleinginna Investment Corp. and refrigeration. 2d 1066 (Fla.B. garbage collection. The landlord may not cause directly or indirectly the a. electricity. Reasonable notice = 12 hours. v. Inc. Tenant has complained to a government agency charged with responsibility for enforcement of a building. iii.56(1) Evidence of retaliatory conduct may be raised by the tenant as a defense in any action brought against him or her for possession.. Non-payment of rent. actual malice. d. If wages are payable monthly or no wages are payable. E. v.S. Examples of constructive eviction: i. B. Violation of lease or rules. Raising the rent. 2. abandonment or a lawful eviction. 2d 1066 (Fla. 2d 668 (Fla. 105] 2. 3d DCA 1978). or health code of a suspected violation applicable to the premises. FL [13 Fla L. ii. and costs. Back To Top XV. Caso v. or when LL acts willfully or with such gross negligence as to indicate a wanton disregard of rights of others. If wages are payable weekly or more frequently then tenancy is week to week and must give 7 days notice to vacate prior to end of any week. Remedy: (a) LL liable for actual and consequential damages or 3 months rent. walls.. Miller. The tenant has initial burden of proof that landlord’s primary reason for eviction is retaliatory.67(3) 3. 4th DCA 1982). then tenancy is month to month and must give 15 days notice prior to end of month. whichever is greater. Decreasing services C. Threatening court action. Complained to the landlord pursuant to Fla. v.46(3): If Tenant Receives Dwelling As Part of Employment and Employment Terminates 1. Apartment is uninhabitable due to water damage from unrepaired roof. The burden shifts to the landlord to prove that eviction is based on good cause which include but are not limited to: i. weekly Supp. locks roof. Remove personal property except after surrender. . Flag not larger than 4. §83. Employer entitled to rent from day after employment ceases until day unit vacated at rate equal to rate for similarly charged residences. ii. Landlord may not discriminate against a service member 83. 357 So. Ralston Inc. § 83. §83. e. Landlord shall not prohibit a tenant from displaying a U. or windows except for maintenance. Remove outside doors. housing. repair etc.c. including attorney fees. Dynelle Gibson Case 05-CC02240LT 13th Judicial Hillsboro County. 419 So. (b) Subsequent or repeated violations. Stat. RETALIATORY EVICTION: Fla. or 3. Stat. Examples of retaliatory conduct are as follows: 1. Stat.64 LL cannot retaliate against T by discriminatively: A. Inc. or deliberate violence or oppression. © Punitive damages for self help may be possible if T can show self help was done with fraud. Organized. Fla. encouraged or participated in a tenants’ organization. Nelson.5’x6’ 4. shall be subject to separate awards of damages. LL threatened eviction causing tenant to vacate. which are not contemporaneous with the initial violation. Peeping Tom landlord John Kaminski Jr. 2. Use and operate all plumbing.iii. 5th DCA 1983) (approving 5-day summons for damage claim and order to the contrary based upon more recent statutory language). 3. or remove any part of the leased premises. but service is by posting. N. 3rd DCA 1983). remove their garbage in a clean and sanitary manner 4. Maintain plumbing fixtures in a clean and sanitary condition. heating. 1. DUTIES OF TENANT: F. 2d 1005 (Fla. 432 So. Stat. Fla..625) (Appendix 19). “a demand for judgment for the relief to which the pleader deems himself or herself entitled. §83. RIGHT OF ACTION FOR DAMAGES: Fla. Stat. comply with all building and health codes 2. 2d 119 (Fla. b. Hubbs. deface. © complaint asks for damages. impair. No positing (See Fla.625 suggesting the same thing. A.P. See Antoniadis v. 7. §83. Stat. including repair. Back To Top XVII.2d 1313 (Fla 5 DCA 1989). Stat. Not destroy. retake possession for self and end tenant’s liability. Mogelvang. but requiring compliance with the Florida Rules of Civil Procedure. Violation of statute. Landlord’s damages. keep the leased premises clean and sanitary 3.U. 1. Conduct himself and require other persons on the premises to conduct themselves is a manner that does not unreasonably disturb the neighbors or constitute a breach of the peace. Complaint must seek damages.choice of remedies after possession . §83. But if answer is filed denying debt. Earca.Fla. 20 day summons. Stat. 1.eviction of tenant does not constitute acceptance of surrender. and other fixtures in a reasonable manner 6. 83. But see Fla. Stat. §83. See Colonial Promenade v. (b) complaint asks for damages. 439 So. the aggrieved party may recover the damages caused by the noncompliance.C. Default may be appropriate if answer relates to possession claim only C. Or issue may be tried by implied consent if no unfair prejudice created thereby. 2nd DCA 1983). 442 So. F.” (Appendix17) See Stein v. a. § 83.S. damage.61 suggesting damages may arise from possession claim only and Fla. Fla. Juhus. not permit any person to do so. §83.52 The tenant is obligated to 1. 2d 1001 (Fla. retake possession for tenant and try to relet – Fla.595 (Appendix 1) a. Unpaid rent . Stat. landlord may recover lost rent until premises . Rent deposited in registry. Stat. Back To Top XVI. 5. 2. 541 So. Smith v. how does it affect damage claim if: (a) complaint only asks for possession. electrical.61 vs. but does not require landlord to give preference over other vacant units.55 If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part.R. § 83.110(b) requires. Service and Pleading Requirements 1. § 83. but only 5-day summons is served. 2. airconditioning.625 2.595 (2) requires good faith effort to relet. ” (4) Tenant need not send a written notice if the landlord knew or should have known of problem. do nothing – sue for the rent as it comes due. West Florida. b. Stat.Fla. Establishing value . Supp. Ct. 2. Distress for rent . Greentree Amusement Arcade. Inc. Damages are actual and consequential. 1992). 2d 371 (Fla.63 (Appendix 1) a. § 83. § 83. Greenacres Development Corp. Inc. Waiver. Retaliatory eviction – F. 505 So. Tenant’s damages 1. 1. § 83. § 713. Zais v. Stat. § 83.56(5) payment of rent with knowledge of a violation by the landlord constitutes waiver of the violation 3. 2d 1245 (Fla..63 or Fla. 1990). 602 So.691(3) (Appendix 20) creates the landlord lien but abolishes distress for rent for residential tenancies. c. Not applicable if eviction is for non-payment (therefore. Determining Damages A.Fla. Should be treated like any other claim for damages. Holdover tenancy . 3... 401 So. Acceleration clauses.67. Prohibited practices (Fla. Lien attaches only after sheriff delivers possession to landlord. Stat.. 5. Stat. 542 So. Volusia Cty. Percentage reduction based upon condition of property (1) Cannot be caused by tenant. Tenant may claim moving expenses and/or extra housing costs as part of damage claim pursuant to Fla. May or may not be covered by security deposit. 2d 577 (Fla. Updyke v.relet. May recover double rent (discretionary). Created by statute as a defense to possession claim b. v. It is permitted only for non-residential tenancies.67 Back To Top B. Goodman v. 2d 109 (Fla. Inc.67) Unless tenant has surrendered or abandoned (15 days) premises or has been evicted. Brasseria La Capannina.64 a. A premature attempt can lead to a tenant’s claim for damages pursuant Fla. Stat. Fla. § 83. 44 Fl. (3) Determining factor is “fair rental value.. Differing opinions on whether or not it creates an independent cause of action 3.F.58 a. Even if landlord fails to file proper notice required by statute he or she may still pursue independent damage claim.S. 4. § 83. Inc. b.Landlord’s lien a. 2d 915 (Fla. 4th DCA 1981). 4th DCA 1987). § 83. Holdovers based upon justiciable issues will ordinarily not result in double rent even when landlord ultimately prevails. b. Inc. Waste or damage to property a. (2) Substantial impairment of enjoyment is required for termination. C. 5th DCA 1989). Stat. a. Casualty damage . 5. Brinkerhoff Property Management. Stat. c. § 83. Can not claim for rent that has not accrued in residential cases. cannot use standard 3-day notice) Casavan v.. but no less than three months rent plus fees and costs. Landlord should be clear he is not terminating the tenacy and thus tenant’s liability for rent. Land-O-Lakes Realty. 4th DCA 170) but b. Stat.Cir. Romine.1. trial court may not modify to provide relief to LL omitted from agreement. 916 So.Ct.Smith v. 1992) the Florida Supreme Court ruled that the party who prevails on the significant issue of the case is the prevailing party. 2d 128 (Fla.. 538 So. The amount of damages equals the cost of restoration even if the landlord does not use the money to restore the premises. May Plumbing Co. 2d 212 (Fla.. 2d DCA 1983). D. Inc. Pentland.. Court should take advantage of “reasonable discretion” to attempt to place reasonable value on damages. 5th DCA 1992). 2d DCA 1989).2d 1245 (Fla. B. 2d 7 (Fla.S. Banks. regardless of the dollar amount of either party’s recovery. It is incumbent upon party seeking damages to present evidence to justify award of damages in definite amount. 604 So. 598 So. § 83. Back To Top XVIII. Action brought to enforce provisions of rental agreement or Fla. Inc. C. Kendall E.. Where damages cannot be precisely determined. Fla. 243 So. Liquidated Damages Fla. Austin Development Co. § 83. Hicks Laundry Equipment. Smith v..2d 991 (Fla. F. 2004 WL 3322327. Inc. 2005) held that where the language of a settlement agreement is clear and unambiguous. ATTORNEY’S FEES: A. The LL T Act codifies the common law on lost rental damages and provides that and measure of damages in violation of the Act is void. trial judge is vested with reasonable discretion in making award of damages. Prevailing party in an action for recovery of security deposit is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. Estates v. d. Winn Dixie Stores. Burden of establishing “ordinary wear and tear” reduction is on tenant. including attorney’s fees from the non-prevailing party. Cummingham Drug Stores v. Replacement value for personal property a. Fla. Clearwater Assoc. The amount off . Inc. Pomeranc v. 433 So. § 83. 2004. 2d DCA 1989) and Argonaut Insurance Co. If the tenant recovers any portion of the security deposit he/she will be considered the prevailing party on that issue and entitled to attorney fees for the time spent on that issue. C.575 specifically provides for liquidated damages but only as applied to tenants at the end of their lease. 3r DCA 1980). Stirling Place. Settlement Agreement Interpreting commercial lease Tiny Treasures Academy & Get Well Center. v. 2d 128 (Fla. Prevailing Party: In Mortiz v. e. v. 1985).48. 474 So. 2d 169 (Fla. v.49(3)©. B. however c. 2d 103 (Fla. 4th DCA. 538 So. Olen Residential Realty Corp.. 386 So. See Appendix 21 for suggested methods to assist in determining value. Austin Development Co. v. Stat. Prejudgment Interest Prevailing party is entitled to prejudgment interest. Stat. 83: the prevailing party may recover reasonable court costs. 2d 807 (Fla. Hoyt Enterprises. 2004).R. Back To Top XIX. E. 7 Fla Law Weekly Supp 556a (Broward County 2000).C. C. suggestion of bankruptcy. Using security deposit to off-set rent. In Re Florida Dairy. D. 197 (M. Legal process obtained or orders issued in contravention of stay void. Meli Investment Corp. Voluntary dismissal: The court does not loose jurisdiction to award attorneys fees to the tenant if the landlord files a voluntary dismissal. 22 B. G. v. Malagon v.. . H. i. BANKRUPTCY IMPLICATIONS A. O..Zhang v. 878 So. 3rd DCA. In Matter of Carter. D. Only true with homestead. McGregor.525 (2001). 4th DCA 2002). iii. Taking action to evict T for any reason.S.2d 169 (Fla. Inc. Civ P. F.. 4th DCA 1990). Neither party may be held to be prevailing party in cases where resolution resulted from stipulation of parties. If both parties claims involve a “common core” of facts and are based on “related legal theories. Solari. Timing: A party seeking attorney’s fees is required to file a motion for attorney’s fees within 30 days after the final judgment has been filed. 3d DCA 1993). 1086 (8th Cir. File eviction complaint. 566 So.R.420(d) if a party who has dismissed a claim in any court commences a new action based upon the same claim against the same party the court shall make an order for the payment of costs of the previous claim and shall stay the proceedings until the plaintiff has complied. 9 B. F.P. LL cannot: i. Dubin. LL may not resume eviction unless relief from bankruptcy stay or after debtor discharged. B. Multiplier may be awarded in landlord/tenant cases. 2d 676 (Fla. 621 So. Anglia Jacs & Co. § 362: creates an automatic stay and prohibits LL from: i.D.D. 1.” a full fee may be awarded to prevailing party unless it can be shown that the attorneys spent a separate and distinct amount of time on counts as to which no attorney’s fees were sought. If eviction filed.Scott v. E. LL must obtain relief from automatic stay before proceeding further. Inc. 1982). LL does not have to be formally notified of bankruptcy. 11 U. Fla. 1.R. 1982) the court ruled that an attorney who continues eviction after receiving telephonic notice and fails to contact the bankruptcy court for verification may be held in contempt.R. regardless of whether parties had notice of bankruptcy filing.2d 386 (Fla. LL must get a relief from stay. ii. Inc. Civ. ii.fees recovered on prevailing on one claim may be reduced in not prevailing on another claim. Give 3 day notice. v. Asset Management. Abatement: Fla.B.e. When bankruptcy case filed.R. 2d 352 (Fla.C. Another action against T.. 830 So.