Landlord-tenant relations
| Author | Steven F. Samilow |
| Pages | 483-536 |
LANDLORD-TENANT
RELATIONS
6-1
CHAPTER 6
LANDLORDTENANT RELATIONS
I. GENERAL POINTS
§6:01 The Landlord-Tenant Relationship
§6:02 The Initial Client Interview
§6:03 The Statute of Frauds and Requirements for Written Leases
§6:04 Oral Leases
§6:05 Ejectment and Unlawful Detainer
§6:06 Caveat Lessee
§6:07 Breach of Lease Options
§6:08 Holding Over and Tenancy at Sufferance
§6:09 The Servicemembers Civil Relief Act
§6:10 Standing
II. TERMINATION OF TENANCY AND EVICTION
A. General Points
§6:20 Termination
§6:21 Early Termination by Servicemembers
§6:22 Bad Faith or Harassment
§6:23 Attorney’s Fees
§6:24 Eviction by New Owner After Foreclosure
§6:25 Wrongful Eviction
§6:26 Constructive Eviction
§6:27 No Self-Help Remedy for Commercial Tenancies
§6:28 Non-Lawyer Agents
§6:29 Impact of the COVID-19 Pandemic
B. The Eviction Action
§6:40 Summary Procedure
§6:41 Subject Matter Jurisdiction
§6:42 Three-Day Notice
§6:43 The Complaint
§6:44 The Motion to Dismiss and/or Answer and Affirmative Defenses
§6:45 Defenses to an Action to Evict for Nonpayment of Rent
§6:46 Counterclaims
§6:47 Paying Rent into Court Registry/Motion to Determine Rent to Be Paid
§6:48 Default
§6:49 Summary Judgment
§6:50 Preparing for Trial
§6:51 Case-in-Chief
§6:52 Parole Evidence
LANDLORD-TENANT
RELATIONS
Florida Small-Firm Practice Tools 6-2
§6:53 Writ of Possession and Damages
§6:54 Appeal
III. LANDLORD’S DUTIES
A. Residential Leases
§6:60 Security Deposits
§6:61 Carbon Monoxide Detectors
§6:62 Smoke Detectors
§6:63 Maintaining the Premises
B. Non-Residential Leases
§6:70 No Specific Requirements
IV. TENANT’S RIGHTS AND DUTIES
§6:80 Maintenance of the Premises
§6:81 Subletting
§6:82 Fixtures
§6:83 Water Beds
V. TENANT’S REMEDIES FOR LANDLORD’S FAILURE TO MAINTAIN PREMISES
§6:90 Withholding of Rent: Residential Leases
§6:91 Withholding of Rent: Non-Residential Leases
VI. LANDLORD’S LIEN ON PROPERTY OF COMMERCIAL TENANTS
§6:100 Statutor y Right to Distress Writ
§6:101 Procedural Safeguards
§6:102 Verified Complaint for Distress Writ
§6:103 Obtaining the Distress Writ
§6:104 Levy
§6:105 Dissolving the Distress Writ
VII. SELFSTORAGE UNITS
§6:110 Background
§6:111 Lien
§6:112 Priority of the Lien
§6:113 Withholding Access to the Property
§6:114 Foreclosure of the Lien and Sale of the Property
§6:115 No Private Right of Action for Wrongful Foreclosure of the Lien
VIII. MOBILE HOMES
§6:120 General Points
§6:121 Preemption and Regulation
§6:122 Prospectus Requirement
§6:123 Cancellation of Rental Agreement
§6:124 Obligation of Good Faith
§6:125 Park Owner’s Obligations
§6:126 Tenant’s Obligations
§6:127 Limited Access to Lot by Park Owner
§6:128 Requirements for Rental Agreements
§6:129 Dispute Resolution, Eviction and Attorney’s Fees
IX. FAIR HOUSING LAWS
§6:140 Types of Discrimination Prohibited
§6:141 Disabilities
§6:142 Contact Government Officials
LANDLORD-TENANT
RELATIONS
6-3 Landlord-Tenant Relations
§6:143 Enforcement
§6:144 The Lawsuit
§6:145 Criminal Penalties
§6:146 Attorney’s Fees
§6:147 Federal Decisions Are Persuasive
FORMS
Form 6:10 Lease—Residential
Form 6:15 Lease—Commercial
Form 6:20 Client Intake Questionnaire
Form 6:30 Checklist for Evictions
Form 6:40 Three-Day Notice Letter
Form 6:50 Eviction Complaint
Form 6:60 Eviction Counterclaim
Form 6:70 Motion to Determine Amount of Rent to Be Paid to Court Registry
Form 6:80 Motion to Disburse Funds from Court Registry
Form 6:90 Motion for Default Final Judgment
Form 6:100 Courtroom Script
Form 6:110 Letter Claiming Security Deposit
Form 6:120 Letter Demanding Return of Security Deposit
Form 6:130 Complaint for Damages for Failure to Return Security Deposit
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