How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Lucy, Esq. Your Own Question

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 19676
Experience:  JA Mentor
Type Your Real Estate Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

I am aware of Florida Tenant/Landlord laws in regards XXXXX XXXXX

Resolved Question:

I am aware of Florida Tenant/Landlord laws in regards XXXXX XXXXX notice and my tenants not being allowed to forbid me to enter the unit to show it.

But what is their responsibility in keeping unit clena, tidy, etc? If any?

They have a third person staying in this unit, living on the floor in the dining room with a mattress. It's tacky. Very tacky. This is a very expensive unit and they are IMO making it look cheap. Short of allowing me entrance to show the unit, what are they required to do?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 9 months ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today.

Fl. Stat., Section 83.52 imposes upon a tenant to (among other things):
(1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes.(2) Keep that part of the premises which he or she occupies and uses clean and sanitary.(3) Remove from the tenant’s dwelling unit all garbage in a clean and sanitary manner.(4) Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair.

Unless there is a local housing code ordinance that limits the number of people who can live in a unit, just having someone sleep in the dining room isn't per se a violation. But they are required to keep the premises clean and sanitary.

If the lease is only for two people, having a third person live in the property without consent is a violation of the lease, and they could be ordered to remove the third party for that reason. Look to see if the lease says they need consent to have others live there (most form leases do).

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 19676
Experience: JA Mentor
Lucy, Esq. and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 9 months ago.


Hey Lucy. Didn't get a chance to follow-up with this question.


 


If the lease does not specify that a third tenant is allowed to live there, what are the typical rules? Can a third person have tenancy in a unit without having been approved to live there by the landlord (me)? My lease is with two individuals. There is a third living there now 'temporarily', but all of his stuff is there. I am listing the house for sale this week and can see this being a problem.


 


The two tenants are good friends with my wife, the third, I don't know. Just want to cover my butt in event I run into issues and need to address him being there.


 


If it were a violation of the least and it came down to it, can someone be evicted for that (the tenants)? I have to give them a certain amount of time to cure the issue, if they do not, I can evict them without actually going through the lengthy motions for eviction from failure to pay?


 


 

Expert:  Lucy, Esq. replied 9 months ago.
If the lease doesn't place any limitations on guests, or require approval to have a guest for an extended period of time, there wouldn't be a basis for evicting them for having someone stay. If you used a form lease, there is probably language about getting written approval for guests (quite honestly, no one ever does it, but it's in almost every lease I've ever read). If it's something you wrote yourself, then it may not be there.

The process for eviction is the same for either reason. The tenant gets a notice to either comply with the lease and leave. If they stay and don't fix the violation, the landlord has to go to court. There isn't any process for removing the tenant on your own without going to court. A landlord that does that could be sued.
Customer: replied 9 months ago.

Gotcha. Thanks.



I don't know how I missed it, but the lease states in the very beginning, 'Premises shall be occupied by only ### and ### and no one else. I was looking for a section for occupancy and was a little myopic. :)


 


When does someone sleeping on the couch or, in this case, on the dining floor, no longer constitute a guest? Is there a certain amount of time before he is in direct violation?

Expert:  Lucy, Esq. replied 9 months ago.
That's very common language. Keep looking to see if there's a section about guests. It sometimes says something like "The tenant shall have written permission from the landlord to have an overnight guest more than three days in a one month period" (or something like that). Then, if they've exceeded that number, they're in violation. If it doesn't say, typically, if the person has been there more than a month, a judge would probably agree that he's living there.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.