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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
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Experience:  B.A.; M.B.A.; J.D.
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I live in FL and I currently pay a mortgage on house #1 thats

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I live in FL and I currently pay a mortgage on house #1 thats used as a rental. I live in house #2 owned by another person. Long story short, we want to leave #2 as we can no longer pay the rent. A notice came stating "Termination of tenancy". Nothing formal about, just a piece of paper with their signature. They gave us 30 days to get out. Question is do we really have 30 days or should we wait for the eviction notice on front door? and I purchased a new ac unit 6 months ago for this house #2, is there any retribution I can get from the note holder?
Submitted: 1 year ago.
Category: Legal
Expert:  C.Fortunato replied 1 year ago.

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Real Estate attorney here to assist you.

cfortunato :

1) You do not have to move within 30 days. If you do not move, the next step is for the landlord to go to court for an eviction proceeding. This proceeding takes approximately 4-6 weeks.

Customer:

Is there any legal matters I need to do? Like can she come after us for any fees or costs associated with all this?

cfortunato :

If you do not a written lease, the landlord cannot ask for court fees or legal fees.

cfortunato :

2) The landlord may want to pay to keep the air conditioner, but would not be obligated to do so.

Customer:

Im not sure what process shes taking...foreclosure,shortsale,etc. but she says realators are gonna be coming by checking out the place whitch is in good condition.

cfortunato :

If the landlord does not want to pay for the air conditioner, you may be able to sell it to someone else before you leave, or take it with you and sell it later.

cfortunato :

She and/or realtors are allowed to show come in to show te place, but they must give you reasonable notice (at least 24 hours), and they must come when it is convenient for you.

Customer:

Even though i came into the house that had an ac unit already in place, i can take the one I bought out? and not put anything in its place? Same goes for fans, lights, etc. that i purchased?

Customer:

plus this landlord is in Michigan, does that any effect on laws?

Expert:  C.Fortunato replied 1 year ago.

To remove the air conditioner, you would have to put back the one that was already there. The same applies to anything else you installed. You can remove anything you installed if you replace what you installed with what was originally there. You cannot leave an empty space.

It does not matter where the landlord lives.

 

Customer: replied 1 year ago.

The old ac unit had broke, so I installed a new one. Isn't that the landlords duty to replace? or is it too late to get anything out of it? Like any reimbursement?

Customer: replied 1 year ago.

The old ac unit had broke, so I installed a new one. Isn't that the landlords duty to replace? or is it too late to get anything out of it? Like any reimbursement?

Expert:  C.Fortunato replied 1 year ago.

I am sorry this took so long. I am having trouble with my internet service.

If the air conditioner you replaced was in the house when you moved in, then it was the landlord's responsibility to maintain that air conditioner - unless you and the landlord had a different agreement.

Did the landlord know the air conditioner was not working?

Customer: replied 1 year ago.

No the landlord didnt know...


 

Expert:  Phillips Esq. replied 1 year ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.


A different Professional here.


If you took out the old broken A/C and replaced it without the Landlord's knowledge, you must put it back or leave your own there. The Landlord does not have any obligation to reimburse you for the new A/C when you did not tell the Landlord that the old A/C was broken in the first place and you replaced it. Nevertheless, you can tell the Landlord about the replacement now, produce the receipt for your purchase and installation and see if the Landlord can reimburse you for some of your costs.

There is no self-remedy to eviction actions in Florida. This means that the Landlord cannot change your locks, shut off your utilities in order to force you out. The Landlord must file eviction action in Court and obtain a Writ of Possession in order to remove you from the premises. See Florida Statutes Section 83.59

http://www.flsenate.gov/Laws/Statutes/2012/83.59


Once the eviction action is filed in Court, you must be served with the Summons and the Complaint so that you would get the opportunity to respond to the Complaint and tell the Court why you should not be evicted or be given a little time to move. But see Florida Statutes Section 83.60. Also see Florida Statutes Section 83.56:

http://www.flsenate.gov/Laws/Statutes/2012/83.60

http://www.flsenate.gov/Laws/Statutes/2012/83.56

For the Florida Statutes dealing with the Landlord’s access to the premises, see Florida Statutes Section 83.53:

http://www.flsenate.gov/Laws/Statutes/2012/83.53

83.53 Landlord’s access to dwelling unit.—

(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. “Reasonable notice” for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:

(a) With the consent of the tenant;

(b) In case of emergency;

(c) When the tenant unreasonably withholds consent; or

(d) If the tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

(3) The landlord shall not abuse the right of access nor use it to harass the tenant.

If you need an Attorney, you can use these links to find Florida Attorneys that handle Landlord and Tenant issues:

http://www.lawyers.com


http://www.justia.com


Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 13130
Experience: B.A.; M.B.A.; J.D.
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