chapter 83 landlord tenant Josh Questions

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Questions and Answers

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?

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.

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?

Tenancy at Sufferance Signup and view all the answers

Under what conditions can a landlord recover possession of rented premises according to Chapter 83 of the Florida Statutes?

In an action for possession or when the tenant surrenders the premises. Signup and view all the answers

Under what conditions can it be presumed that a tenant has abandoned the rented premises?

The tenant has been absent for 30 consecutive days, the rent is not current, and a notice has been served with 10 days elapsed. Signup and view all the answers

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?

Double the monthly rent, and may recover the same at the expiration of every month Signup and view all the answers

No property of any tenant or lessee shall be exempt from distress and sale for rent, except?

beds, bedclothes and wearing apparel Signup and view all the answers

What are causes for removal of tenants? (Select all that apply)

Where such person holds over and continues in the possession of the demised premises, or any part thereof, after the expiration of the person’s time, without the permission of the person’s landlord. Signup and view all the answers

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?

The tenant shall serve the landlord with a written notice declaring the premises to be wholly untenantable, giving the landlord at least 20 days to make the specifically described repair or maintenance, and stating that the tenant will withhold the rent for the next rental period and thereafter until the repair or maintenance has been performed Signup and view all the answers

What is a Waiver of right to proceed with eviction claim?

Landlord’s acceptance of the full amount of rent past due, with knowledge of the tenant’s breach of the lease by nonpayment. Acceptance of the rent includes conduct by the landlord concerning any tender of the rent. Signup and view all the answers

For the removal of a tenant, how many attempts of service are required?

2 Signup and view all the answers

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?

The sheriff shall serve the summons by attaching it to some part of the premises involved in the proceeding. Signup and view all the answers

What is the minimum time delay between the two attempts to obtain service?

6 hours Signup and view all the answers

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?

Shall provide the clerk of the court with two additional copies of the complaint and two prestamped envelopes addressed to the defendant. One envelope for lease agreement address and the second for the last known business address of the tenant. Signup and view all the answers

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?

5 Signup and view all the answers

What is the process for removal of a tenant after a judgment in favor of the plaintiff?

After entry of judgment in favor of the plaintiff, the clerk shall issue a writ to the sheriff describing the premises and commanding the sheriff to put the plaintiff in possession. Signup and view all the answers

What is the statute for the Florida Residential Landlord and Tenant Act?

83.40 Signup and view all the answers

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?

For which wages are payable Signup and view all the answers

How often must the landlord repair damage to screens?

Once annually, when necessary, until termination of the rental agreement. Signup and view all the answers

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?

4 days maximum, 7 days written notice Signup and view all the answers

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?

3 Signup and view all the answers

Termination of tenancy without specific term may be terminated by either party giving written notice. What is the advance notice requirement?

year to year = 60 days’ notice quarter to quarter = 30 days’ notice month to month, = 30 days’ notice week to week = 7 days’ notice Signup and view all the answers

What is considered reasonable notice for a landlord to provide a tenant for repairs?

at least 24 hours prior to the entry, between the hours of 7:30 a.m. and 8:00 p.m. Signup and view all the answers

When can a landlord enter without notice?

All the above Signup and view all the answers

For a self-service storage unit, how many days in arrears must rent be for the tenant to be denied access?

5 days Signup and view all the answers

To enforce the owner's lien on personal property contained in a storage unit, what is the minimum requirement of notice in days?

14 Signup and view all the answers

What is the requirement for advertisement of the sale of tenant property concerning a storage unit?

Published once a week for 2 consecutive weeks in a newspaper of general circulation in the area where the self-service storage facility or self-contained storage unit is located Signup and view all the answers

What should be done if there is no newspaper of general circulation where the storage facility is located?

Post notice at least 10 days before the date of the sale or other disposition in at least three conspicuous places in the neighborhood where the self-service storage facility or self-contained storage unit is located. Signup and view all the answers

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.

2 Signup and view all the answers

Upon arrival to a landlord and tenant call for service, what should the deputy do?

Gain control of the situation to prevent it from escalating into a physical confrontation Signup and view all the answers

If the problem is a civil matter, advise the landlord or tenant they can contact who?

The landlord/tenant department located in the Escambia County Court House for assistance. Signup and view all the answers

Property left behind by the tenant, in accordance with chapter 715, Florida Statute, can be disposed of as follows:

The landlord must notify the ex-tenant in writing providing description of all property left behind and the letter must be hand delivered or mailed first class Signup and view all the answers

To recover any monies the customer of a hotel/motel requesting a refund must?

Proceed with civil litigation if there is a conflict that cannot be immediately resolved mutually. Signup and view all the answers

In the case of a motel/hotel guest, what does 'transient occupancy' mean?

Occupancy when it is the intention of the parties that the occupancy will be temporary. There is a rebuttable presumption that, when the dwelling unit occupied is not the sole residence of the guest, the occupancy is transient. Signup and view all the answers

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?

an eviction order by following the provisions of Florida Residential Landlord and Tenant Act Signup and view all the answers

What information should be gathered whenever the issue is not clear whether or not a hotel guest is a transient or tenant?

Does the establishment have a license from the State of Florida to operate a hotel/motel Signup and view all the answers

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?

Damages or 3 month's rent, whichever is greater Signup and view all the answers

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.

3, 7, and 15 Signup and view all the answers

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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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.