LANDLORD TENANT LAW (PAGE 3)

Late Fees: can only be included in the amount due if the lease specifies that late fees
are rent due.
Other Costs: inclusion of unspecified fees, attorney’s fees, court costs, sheriff’s fees in the three day notice render it defective.
Failure to include landlords name and address
Failure to describe the dwelling unit.

ACCEPTANCE OF HABITUAL LATE PAYMENT: can actually alter the time when rent is considered legally due. Beware!

EXPIRATION OF LEASE

DOUBLE RENT: must be prayed for in the complaint.

WAIVER: acceptance of rent for a time period after lease termination constitutes waiver of termination.

WRIT OF POSSESSION: the final default judgment should state that the writ is to be issued “instanter” by the Clerk of the Court to avoid the possibility of delayed execution for tenant to file a challenge to the judgment. Must describe the property so that the sheriff can distinguish it from all others. The unit must be marked in a “permanent fashion.”

COMMON PITFALLS

1. DEFECTIVE NOTICES: are fatal, use an attorney. Motto: $250 for an attorney
$650.00 pro se.

2. LANDLORDS OBLIGATION TO MAINTAIN DWELLING UNIT, 83.51
You don’t have to do anything until the tenant gives you a 7 day notice to remedy non-compliance. If you get one, call your lawyer, you’re going to court.

3. PROHIBITED PRACTICES: 83.67: penalty 3 months rent or actual damages, whichever is greater, plus the tenants attorney'’ fees, which will be greater.

A. TERMINATION OF UTILITIES:
Including but not limited to:
Water, heat, light, electricity, gas, elevator, garbage collection, refrigeration.
A judge asked recently if that wouldn’t also include the following: stoves, cabinets, cable television. You can try and your case might be published in Florida Law Weekly. [..cont..]