Legal Question in Landlord & Tenant Law in Florida

Hello. It sounds like a headache, unfortunately here in South Florida an all too frequent occurrence. What you do depends on kind of lease to you have:

1. If it is month-to-month, then a 30 day notice given on or before the rent due date is sufficient. In other words, prepare to move.

2. If you have a longer lease term, then the bank or new buyer may have to honor your lease. In this case, you can contact the bank to find out about paying the rent to the bank directly. You can also open an escrow account or a deposit account with the court for your rent.

3. A third option is to stop paying the rent (i.e. if you already paid a last month plus a deposit then that counts for two months rent). Then, plan on moving out and save your money for the next place.

Lastly, have you checked the public records to find out if the landlord is really in foreclosure? Enter your landlord's name in the Miami-Dade County Clerk Public Record Search for Civil/Probate Cases http://www2.miami-dadeclerk.com/civil/Search.aspx. Warning: If the property is in someone else's name or a corporate entity name it will may not show up here.

Other issues: the deposit and improvements in fixing up the place. You can take the landlord to small claims court. This involves paying a filing fee to the court, but is a process designed for people to resolve matters without an attorney. Generally, as for deposits, a landlord is required to return your deposit within 15 days of the date you move out, unless they intend to impose a claim for damages or for unpaid rent. In that case you must be notified in writing within 30 day of the amount they want to keep. You also have to respond in writing to that notice.

On the improvements, it is a more difficult question because it depends on if the improvements were made by an agreement between the landlord and tenant and what was agreed about payment for, or reimbursement of, the improvements. If no agreements were made, then you are probably out of luck.

In other words, this is a tricky situation that you would probably do better to talking with an attorney. However, there is some free information online including the Florida Landlord/Tenant Law Division of Consumer Services at http://www.800helpfla.com/landlord_text.html .

My Disclaimer: This information is general, and is NOT legal advice tailored to your situation. This information is not intended to create an attorney-client relationship with Sasha M. Sampaio or The Sampaio Law Firm, PA (http://www.sampaiolaw.com). Please recognize that an attorney-client relationship would require at minimum, direct, personal contact between you and our firm through attorney Sasha Sampaio and would also require a written agreement that confirms that a relationship and its terms have been established. You may contact the firm for more information at [email protected]. Good luck!