Legal Question in Landlord & Tenant Law in Florida

No Lease and Late Payments

Hi. Help please, I don't know what direction I should take and what my options are.

I acquired property from my dad who had his attorney handling his affairs after he went to prison (including his condo). I received total POA, he relieved his attorney of her POA and sold the condo to me. The attorney had a tenant in the place (another lawyer) who I kept in there but he won't sign a lease agreement with me he says until the old landlord gives back his deposit or transfers it to me. She won't do this she says until he moves. She won't talk to me and the tenant won't produce the lease agreement he had withthe past landlord. He makes payments but makes them late and causes me to incur heavy late charges with the mortgage company. The tenant continiously changes up the story about where the lease agreement is and when he is sending it along with when his payemnt is due according to that agreement.

Does he have the right to not make payments the day I tell him to regardless of an ineffective lease agreement that he won't show me that was not between us?


Asked on 12/14/07, 10:15 am

2 Answers from Attorneys
Scott R. Jay Law Offices of Scott R. Jay

Re: No Lease and Late Payments

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

No, he does not have the right to be late with any payments. Next time he does, serve him with a 3 Day Notice to Pay Rent or Vacate. He will probably change his tune.

In the interim, be prepared to retain an attorney to file an eviction if he fails to pay. Since the tenant is an attorney, you will need an attorney to effectively represent you if a trial is necessary.

Scott R. Jay, Esq.

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Answered on 12/14/07, 11:09 am
Stuart M. Address Law Offices of Stuart M. Address, P.A.

Re: No Lease and Late Payments

You clearly need an attorney to send a demand letter in this situation and to sort out the detailed facs. You should contact a local attorney or my office if you like to discuss in more detail.

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Answered on 12/14/07, 3:45 pm


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