What is a holdover proceeding?
There’s two basic types of proceedings that a landlord can bring against you, which one is the non-payment of rent and the other one is a holdover proceeding. The non-payment of rent proceeding deals only with money. The holdover proceeding deals with a breech of the lease. Let’s say you had a pet. You weren’t […]
What happens if you fail to show up on the court date?
If a tenant fails to show up on a court date, a final judgment can be entered against the tenant. And that, therefore, allows the landlord to proceed with an eviction proceeding. If the landlord doesn’t show up on a court date, basically, the case will be dismissed. But that doesn’t mean the landlord cannot […]
What happens if I do not pay my rent?
The landlord will usually commence an action against you. They’ll send you a notice first, telling you that, “This is the rent you owe. You haven’t paid it.” Then, if you don’t respond to that, or try to work something out with the landlord, or pay the rent, then the next stage would begin as […]
What can I do if my landlord refuses to make repairs to my Florida apartment?
If, after you gave him written notice in the allotted time that is required for the landlord to at least go in and inspect the apartment, then you have the option of withholding the rent from the landlord. At that point, the landlord most likely would bring an eviction proceeding, and therefore, you can present […]
What are residential non-payment and commercial non-payment proceedings?
A residential non-payment proceeding is a proceeding brought against you for not paying the rent to your apartment or to the house that you’re renting. A commercial non-payment proceeding is you’re not paying the rent for the business that you’re running. Got additional questions or need Legal Advice in Panama City, Florida? If you have […]
If there is a written lease do I need to give notice about terminating tenancy at the end of the lease?
If you have a written lease, you would have to give your landlord notice if he requires notice in the lease. For example, if he says in the lease that you have to give him 30 days notice before you can leave, then you would have to give the landlord 30 days notice. There’s also […]
If a tenant is paying the landlord on time can the landlord evict a tenant?
The landlord cannot commence a nonpayment proceeding against the tenant. However, the landlord if the tenant breaches some other clause of the lease besides the payment of rent, then yes, they can commence what’s called a holdover proceeding. Got additional questions or need Legal Advice in Panama City, Florida? If you have a legal issue […]
How long does a landlord have to return my security deposit in Florida if there are no damages to the property?
If there is no damages to the property, the landlord will have 15 days to return the full security deposit to you. However, if there are damages to the property, then the landlord has 30 days to return the security or a portion of the security and list what damages were done to the apartment. […]
Can my landlord terminate my lease for any reason at any time?
No. Your landlord would have to actually have a reason that’s stated in the lease as to why he’d terminate your lease. For example, if the lease contains a no pet clause and you brought a pet to the apartment, he can terminate your lease based upon that breach. It would be a breach of […]
Can my landlord enter my apartment and take my property if I do not pay rent?
No, he cannot enter your apartment and take your property. He would have to bring what’s called an eviction proceeding in court and basically the court would hear the landlord’s side and your side, and then decide from there what the landlord can do as far as a remedy is concerned. Got additional questions or […]