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Ask Maverick Your Own Question
Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5749
Experience:  20 years professional experience
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I am a real estate broker and I have a listing house, which

Customer Question

I am a real estate broker and I have a listing for a house, which is a short sale. There is a tenant, who is there from the time just before the landlord stopped making payments to the bank.
The tenant after a few months told the landlord he could not pay a full amount and asked for letting him to pay half and promised to catch up in couple of months, which never happened. Now he refuses to allow showing on a day's notice, and when the landlord threatened with eviction, told him that he would deposit the half rent with the court and live until evicted forcing the landlord to spend money on the eviction.
If he does it, should the amount of rent he deposits with the court be the amount stated in the lease, or half simply because the landlord has accepted a few half rent payments?
If the tenant refuses to show the house to prospective buyers, what a landlord can do? They used a standard Florida Realtors lease approved by the Supreme Court, and it provides the right of the landlord/agent to enter to show to prospective buyers...
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Maverick replied 3 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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Customer: replied 3 months ago.

Yes, I understand

Expert:  Maverick replied 3 months ago.

The tenant should deposit the full amount of the monthly rent as stated per the lease; but first the landlord must notify the tenant in writing that he is no longer willing to accept partial payments. The landlord will need to use the tenant's refusal to show the house under the terms of the lease as breach of the lease agreement in court which should serve as an independent reason allowing eviction. Also, if the landlord loses a prospective buyer because of the tenant's refusal and breach, the LL can sue the tenant for damages. The problem is this tenant does not appear to have much by the way of any assets which you could attach to collect on a judgment even if LL were to win.

Customer: replied 3 months ago.

So, the tenant will have to deposit with the court the full amount. Then, if the matter is not resolved in 30 days, would the tenant have to deposit yet another month worth of full rent?

While it is all in court, does the LL have the right to seek the injunction allowing him to show the house?

Even if the LL can't collect, does the eviction and judgement stay 20 years on the record affecting tenants credit?

Can the LL state that reasonable notice is if the notice is given one day prior to showing, or has to specify the hours?

Expert:  Maverick replied 3 months ago.

1. I am not sure why the tenant just does not pay the LL instead of depositing the rent in court, but if that is what the tenant wants to do, then I guess the LL has to file for the eviction to get any results. The tenant does not have to deposit any rent in court, it is supposed to be paid to the LL. If he does not pay the rent, the LL has to evict and get a judgment against the tenant for the balance due.

2. Yes, the LL has a right to seek an injunction and/or evict the tenant.

3. Judgments and evictions stay on credit reports for 7 years;

4. In Florida a LL must give tenants 12 hours’ notice of their intent to enter and must enter only at reasonable times during the day which courts interpret to mean between the hours of 7:30 am and 8:00 pm.

Customer: replied 3 months ago.

Sorry, I am confused with #1. If the tenant has not paid rent for July, and after a 3 day Notice the LL files for eviction, and the tenant wants to fight it, isn't he required to deposit the disputed rent with the court? And if the month is not enough to resolve, would the tenant be obligated to deposit yet another full month rent with the court?

If he does not deposit, would the tenant lose by default?

Thank you very much

Expert:  Maverick replied 3 months ago.

I am not aware of any FL law that requires the tenant to make such a deposit in response to an eviction action. In fact, most of the time the tenant is evicted because he has no money to pay the LL; let alone deposit it in court. There are situations where tenants do deposit the rent in court because the LL refuses to accept the rent due to a different type of conflict.

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