Late Fees: can only
be included in the amount due if the lease specifies that
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
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
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
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,
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.
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