2 minute read
Recent Case Rulings Pertaining to Landlord-Tenant Matters in Florida
Legal News by Kevin KnightLegal News by Kevin Knight
Survey of Recent Trial
Every now and then it’s good to Every now and then it’s good to “put your hand on the pulse” “put your hand on the pulse” This article will examine several cases
(1.) Jaw Holdings v Hassock and Henry Broward County
Where service of eviction complaint on tenants was made by substitute service on the person who was not co-resident or family member of tenants, there was no proper service and any judgment for possession was void.
(2.) Perez v Rodriguez Miami-Dade County
Even though fifteen-day notice to vacate met the requirements of Fla. Stat. Section 83.57(3), the notice was defective because it failed to comply with the county ordinance requirement of 30 days notice.
(3.) Ramirez v Nunez Miami-Dade County
Same holding as Perez above.
(4.) Redwood Apartments v Gradys Polk County
In a public housing lease, the landlord’s non-renewal notice that alleged damage caused by carelessness, misuse, or neglect on part of the tenant or tenant's family or visitors was not specific enough for the tenant to defend and didn’t provide the tenant with a meeting to discuss the notice.
Tenants’ failure to deposit rent into court registry or file motion to determine the amount of rent meant that landlord was entitled to possession in a nonpayment eviction. The tenant mentioned that he was unemployed due to various “infections” but failed to name-check Covid.
Court Rulings
of various trial court rulings on landlord-tenant matters in Florida. of various trial court rulings on landlord-tenant matters in Florida. pertaining to landlord-tenant rulings.
(6.) Paradigm v Robinson Alachua County
Trial court lacks jurisdiction to enforce the terms of the settlement agreement that was entered into by the landlord and tenant to resolve eviction where the agreement was not offered to the court for approval or future enforcement. Additionally, the landlord waived the right to evict by accepting the first rent payment due under the agreement.
(7.) Narine and Hassan v Griffins Lake County
83.60(2) requiring the tenant to deposit rent in the court’s registry doesn’t apply to a holdover tenant eviction.
(8.) Lombardi v Howarth Paso County
Claims that trial court erred in entering the final judgment of eviction for failing to pay rent into court registry without an evidentiary hearing on tenant’s counterclaim alleging that rent-to-own agreement gave tenant legal title to property could not be handled on appeal where the appeal wasn’t filed within 30 days of the rendition of the judgment.
(9.) Coopers v Smiths Hillsborough County
Tenants occupying units on a month-to-month agreement were not “covered persons” under the CDC declaration on Covid related evictions.
(10.) SP OV Apartments v Thomas Duval County
In a public housing eviction, the landlord was not entitled to proceed where suit was filed more than 45 days after the tenant’s noncompliance.
