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I receive a lot of landlord/tenant questions from clients, but mostly from prospective clients calling for the first time. One question I don't often get concerns the obligation of the landlord in Texas with regard to the residential tenant's safety in the leased premises. Specifically, window latches and doorknob keys on the exterior doors and windows to the premises. The tenant should know that the landlord operating in Texas has statutory duties in this... Read More
Florida law has suddenly become crystal clear that a tenant cannot get out of depositing rent into the Court Registry merely by arguing that the landlord’s default notice is someone defective. Commercial and residential tenants alike have attempted to delay their inevitable eviction by claiming that the default notice (which is usually required prior to instituting an eviction case) was defective in form... Read More
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A Three (3) Day Notice is required to initiate a Unlawful Detainer (Eviction)... Read MoreIn yet another affirmation of the strength of the Florida Landlord Tenant Act, the Fourth District Court of Appeal recently held that a commercial tenant's failure to pay accruing rent into the court registry during the pendency of an eviction proceeding provides an automatic non-discretionary basis to immediately evict the tent. In Poal Wk Taft, LLC v. Johnson Medical Center Corp, 2010 WL 3782103 (Fla. 4th DCA 2010), the court order the trial court to enter a judgment of possession... Read More
Landlord Tenant Free Public Seminar Scheduled for Saturday, 7/17 at 10 AM EST at the Worcester Public Library in Worcester, MA. Who carries the burden, the landlord or the tenant?
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