Legal Question in Real Estate Law in Florida

Re: defenses to lease claims

A no-pet clause in a lease can be waived by the landlord, and that waiver will be binding on subsequent landlords. Rent should be paid as long as you are occupying the property, for the full month or as provided by the lease. Acceptance of rent by the landlord will prevent an eviction of the tenant for lease violations occurring before the payment. The situation you describe gives ride to a number of defenses to eviction, which a lawyer experienced in landlord-tenant law can help you present to the court if an eviction suit if filed.

Re: New Owner of Rental House

The laws are the same for a single parent as they are for anyone else. The first question I would ask, is when is your rent currently paid through? Second, did the new owner acknowledge your increased security by receipt of an estoppel letter at closing? Did the new owner meet with you to review your lease prior to closing? How long have you had the pets?

Based on the limited information you provided, it seems as if the prior owner accepted the pets by charging the increased security. Accordingly, the new owner would have the same rights as the previous owner of the premises. If pets are allowed, then your having them is not a breach. Do pay your rent as it comes due or you can be evicted for failure to keep your rent current.

This is a serious legal question and should be reviewed with an attorney who is experienced with landlord/tenant issues.

Scott R. Jay (305) 249-8000