Podcast
Questions and Answers
What is the duration of a tenancy at will?
What is the duration of a tenancy at will?
- Determined at the period of which rent is payable.
- For a fixed term of one year.
- Indefinite until terminated by either party. (correct)
- For a minimum of six months.
What is the duration of certain written leases considered as tenancies at will?
What is the duration of certain written leases considered as tenancies at will?
- Determined by the periods at which the rent is payable, and the term of which tenancy is unlimited (correct)
- Limited to a one-year period
- Based on a verbal agreement
- Automatically renewed every month
match the Termination of tenancy at will with the length of notice.
match the Termination of tenancy at will with the length of notice.
month to month = 15 day notice week to week = 7 days’ notice year to year = 3 months notice quarter to quarter = 45 day notice
What is the legal status of a tenant who holds over after the expiration of a lease without a new agreement?
What is the legal status of a tenant who holds over after the expiration of a lease without a new agreement?
Under what conditions can a landlord recover possession of rented premises according to Chapter 83 of the Florida Statutes?
Under what conditions can a landlord recover possession of rented premises according to Chapter 83 of the Florida Statutes?
Under what conditions can it be presumed that a tenant has abandoned the rented premises?
Under what conditions can it be presumed that a tenant has abandoned the rented premises?
When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, what can the landlord, the landlord’s agent, attorney, or legal representatives demand?
When any tenant refuses to give up possession of the premises at the end of the tenant’s lease, what can the landlord, the landlord’s agent, attorney, or legal representatives demand?
No property of any tenant or lessee shall be exempt from distress and sale for rent, except?
No property of any tenant or lessee shall be exempt from distress and sale for rent, except?
What are causes for removal of tenants? (Select all that apply)
What are causes for removal of tenants? (Select all that apply)
When the lease is silent on the procedure for repair or maintenance and explicitly places that obligation on the landlord, which action should a tenant take if the premises become wholly untenantable due to the landlord's failure to repair?
When the lease is silent on the procedure for repair or maintenance and explicitly places that obligation on the landlord, which action should a tenant take if the premises become wholly untenantable due to the landlord's failure to repair?
What is a Waiver of right to proceed with eviction claim?
What is a Waiver of right to proceed with eviction claim?
For the removal of a tenant, how many attempts of service are required?
For the removal of a tenant, how many attempts of service are required?
If the defendant cannot be found in the county where the action is pending, and the defendant has no usual place of abode in the county, or there is no person 15 years of age or older residing at the defendant's usual place of abode in the county, how is service completed?
If the defendant cannot be found in the county where the action is pending, and the defendant has no usual place of abode in the county, or there is no person 15 years of age or older residing at the defendant's usual place of abode in the county, how is service completed?
What is the minimum time delay between the two attempts to obtain service?
What is the minimum time delay between the two attempts to obtain service?
If a landlord causes, or anticipates causing, a defendant to be served with a summons and complaint solely by attaching them to some conspicuous part of the premises involved in the proceeding, what must the landlord do?
If a landlord causes, or anticipates causing, a defendant to be served with a summons and complaint solely by attaching them to some conspicuous part of the premises involved in the proceeding, what must the landlord do?
If service is effective on the date the clerk mails the complaint, how many days must elapse before final judgment for removal of the tenant may be entered?
If service is effective on the date the clerk mails the complaint, how many days must elapse before final judgment for removal of the tenant may be entered?
What is the process for removal of a tenant after a judgment in favor of the plaintiff?
What is the process for removal of a tenant after a judgment in favor of the plaintiff?
What is the statute for the Florida Residential Landlord and Tenant Act?
What is the statute for the Florida Residential Landlord and Tenant Act?
If the dwelling unit is furnished without rent as an incident of employment and there is no agreement as to the duration of the tenancy, the duration is determined by the periods of?
If the dwelling unit is furnished without rent as an incident of employment and there is no agreement as to the duration of the tenancy, the duration is determined by the periods of?
How often must the landlord repair damage to screens?
How often must the landlord repair damage to screens?
When vacation of the premises is required for extermination of pests, how long is the maximum time a tenant must vacate and how many days of written notice must be provided?
When vacation of the premises is required for extermination of pests, how long is the maximum time a tenant must vacate and how many days of written notice must be provided?
If the tenant fails to pay rent when due and the default continues for how many days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand can the landlord terminate the rental agreement?
If the tenant fails to pay rent when due and the default continues for how many days, excluding Saturday, Sunday, and legal holidays, after delivery of written demand can the landlord terminate the rental agreement?
Termination of tenancy without specific term may be terminated by either party giving written notice. What is the advance notice requirement?
Termination of tenancy without specific term may be terminated by either party giving written notice. What is the advance notice requirement?
What is considered reasonable notice for a landlord to provide a tenant for repairs?
What is considered reasonable notice for a landlord to provide a tenant for repairs?
When can a landlord enter without notice?
When can a landlord enter without notice?
For a self-service storage unit, how many days in arrears must rent be for the tenant to be denied access?
For a self-service storage unit, how many days in arrears must rent be for the tenant to be denied access?
To enforce the owner's lien on personal property contained in a storage unit, what is the minimum requirement of notice in days?
To enforce the owner's lien on personal property contained in a storage unit, what is the minimum requirement of notice in days?
What is the requirement for advertisement of the sale of tenant property concerning a storage unit?
What is the requirement for advertisement of the sale of tenant property concerning a storage unit?
What should be done if there is no newspaper of general circulation where the storage facility is located?
What should be done if there is no newspaper of general circulation where the storage facility is located?
If the tenant does not claim the balance of the sale proceeds exceeding the amount owed within _____ years after the date of sale, the proceeds shall be deemed abandoned, and the owner shall have no further obligation with regard to the payment of the balance.
If the tenant does not claim the balance of the sale proceeds exceeding the amount owed within _____ years after the date of sale, the proceeds shall be deemed abandoned, and the owner shall have no further obligation with regard to the payment of the balance.
Upon arrival to a landlord and tenant call for service, what should the deputy do?
Upon arrival to a landlord and tenant call for service, what should the deputy do?
If the problem is a civil matter, advise the landlord or tenant they can contact who?
If the problem is a civil matter, advise the landlord or tenant they can contact who?
Property left behind by the tenant, in accordance with chapter 715, Florida Statute, can be disposed of as follows:
Property left behind by the tenant, in accordance with chapter 715, Florida Statute, can be disposed of as follows:
To recover any monies the customer of a hotel/motel requesting a refund must?
To recover any monies the customer of a hotel/motel requesting a refund must?
In the case of a motel/hotel guest, what does 'transient occupancy' mean?
In the case of a motel/hotel guest, what does 'transient occupancy' mean?
If the dwelling unit is the sole residency of the guest, then the occupancy is not 'transient,' and therefore proceeding to eject under chapter 509, Florida Statute, would be unlawful. In such a case, the owner would be required to seek?
If the dwelling unit is the sole residency of the guest, then the occupancy is not 'transient,' and therefore proceeding to eject under chapter 509, Florida Statute, would be unlawful. In such a case, the owner would be required to seek?
What information should be gathered whenever the issue is not clear whether or not a hotel guest is a transient or tenant?
What information should be gathered whenever the issue is not clear whether or not a hotel guest is a transient or tenant?
No landlord shall, directly or indirectly, interrupt utility service furnished to the tenant, prevent a tenant from gaining reasonable access, remove outside doors, locks, roof, walls, or windows except for reasonable repair situations, or remove a tenant's personal property unless that action is by abandonment or lawful eviction. A landlord who violates this section shall be liable for?
No landlord shall, directly or indirectly, interrupt utility service furnished to the tenant, prevent a tenant from gaining reasonable access, remove outside doors, locks, roof, walls, or windows except for reasonable repair situations, or remove a tenant's personal property unless that action is by abandonment or lawful eviction. A landlord who violates this section shall be liable for?
Types of Eviction
Which of the following options correctly fills in the blanks for the eviction notice periods?
_____ day notice may be given by landlord to evict tenant who is in arrears in rent payment.
_____ day notice may be given by landlord to have tenant move who pays by the week or to evict a tenant who is undesirable.
_____ day notice may be given by landlord to have tenant move who pays by the month.
Types of Eviction
Which of the following options correctly fills in the blanks for the eviction notice periods?
_____ day notice may be given by landlord to evict tenant who is in arrears in rent payment.
_____ day notice may be given by landlord to have tenant move who pays by the week or to evict a tenant who is undesirable.
_____ day notice may be given by landlord to have tenant move who pays by the month.
Study Notes
Tenancies at Will
- Duration of a tenancy at will is typically indefinite until terminated by either party.
- Written leases can be treated as tenancies at will if they lack a specific duration clause and imply that the tenancy continues until canceled.
Termination of Tenancy
- Length of notice to terminate a tenancy at will must be at least as long as the rental period.
- If a tenant holds over after lease expiration without a new agreement, they may be considered a month-to-month tenant.
Recovery of Possession
- Landlords can recover possession if a tenant fails to pay rent, damages property, or violates lease terms.
- A tenant may be presumed to have abandoned the premises if rent is unpaid for a specified time and the property is left unoccupied.
Tenant Refusal and Claims
- If a tenant refuses to vacate at lease end, landlords or their agents can demand possession through legal proceedings.
- No tenant property is exempt from distress and sale for rent unless specifically stated.
Causes for Tenant Removal
- Common causes for removal include failure to pay rent, violation of lease terms, or engaging in illegal activities.
Tenant's Rights and Responsibilities
- If a rental unit is untenantable due to landlord's failure to repair, a tenant should provide written notice and may withhold rent.
- A Waiver of right to proceed with an eviction claim occurs if the landlord does not act promptly after a breach.
Service of Eviction Notices
- Two attempts of service are required for eviction notices.
- If a defendant cannot be found, service is completed by affixing notices to the premises and mailing them.
- Minimum time delay between service attempts must be followed according to local laws.
Landlord Actions and Requirements
- If summons are only attached to the property, the landlord must ensure further attempts to notify the tenants.
- Final judgment for removal can occur after a specified number of days post-service.
Florida Statutes and Tenant Rights
- Florida Residential Landlord and Tenant Act governs all residential tenancy matters.
- A furnished dwelling without a specified rental agreement has a duration based on employment terms.
Repair and Maintenance Obligations
- Landlords must repair screen damage within a reasonable timeframe after notice.
- Tenants must vacate premises for pest extermination with reasonable notice provided by the landlord.
Payment Defaults and Lease Termination
- Landlords can terminate leases if rent is unpaid for specific days after written demand.
- Advance notice requirements for termination of a lease should be reasonable based on rental frequency.
Storage Unit Regulations
- Rent must be at least a specified number of days in arrears for denial of access to storage units.
- Minimum notice of intent to enforce lien on storage unit property is legally required.
Sale of Tenant Property
- Sale proceeds exceeding debts must be claimed within a certain number of years, or they are deemed abandoned.
- If no local newspaper exists, alternative methods for advertising property sales must be utilized.
Landlord and Tenant Services
- Deputies on landlord-tenant calls should assess situation and clarify if it’s a civil matter, directing parties to appropriate agencies if needed.
- Properties left behind by tenants can be disposed of under Florida laws governing abandoned property.
Hotel and Motel Regulations
- Refund requests for hotel/motel customers must follow specific procedures.
- Definition of "transient occupancy" varies depending on residency status, affecting legal proceedings for eviction.
Utility Service Regulations
- Landlords cannot interrupt utility service or alter access without responsibility for necessary repairs.
- Violating tenant rights incurs potential liability under Florida law.
Eviction Notice Periods
- Varying notice periods: a minimal notice for rent arrears, week-to-week tenants, and month-to-month tenants is required for evictions.
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Description
Test your knowledge about tenancies at will with this quiz. Explore the nuances of this unique rental agreement and understand its duration and implications. Ideal for law students or anyone interested in property law.
