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  1. #1
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    Default Is a Landlord Required to Have a License

    My question involves landlord-tenant law in the State of: Florida

    Hi, Is a landlord required to have a license to rent an apartment, collect rent and evict?

    I am returning as a follow up to all of your amazing advice on my previous post: http://www.expertlaw.com/forums/showthread.php?t=187927

    I have been holding up very well so far. I can't thank you enough for asking me the questions you asked, which, in turn, pointed me in exactly the right direction to find my answers. My actual hearing is in 2 weeks and the landlord continues to be in violation with the issues I was attempting to have remedied and prompted my pending eviction.

    In establishing my defense I have since learned that my landlord has never had a license. He purchased the property in July 2013 and immediately starting finding tenants. His first tenant moved in within 2 months, on August 2013. What I found out today while collecting follow up inspection and code violation documents is that my landlord has only applied for his license in July 2015. I can only assume he did so because I am fighting back, and so far faring extremely well with my retaliatory eviction.

    Anyway, his new license is only temporary and is for a DUPLEX but he is actually collecting rent on 3 units. What I also learned is my specific apartment is not the only unit with code violations. His newest tenant has 3 major violations and her apartment. Her apartment was disapproved on 3 citations: Structural, electrical and plumbing.

    He also still has an open building permit on the 3rd unit but claims construction has been complete and brought in the 3rd tenant. He is making no attempt (from what I understand) to remedy those issues either.

    I know there is significance to this but I only found this: http://www.myfloridalicense.com/dbpr...icense_re.html
    Needs a License: Renting or Leasing or attempts to rent or lease real property of another for compensation.
    Does not need a License: The owner of real property who offers the real property for resale.

    I'm going to be calling tomorrow for clarification.

  2. #2
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    Default Re: Is a Landlord Required to Have a License

    Quote Quoting Pennys
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    I know there is significance to this but I only found this: http://www.myfloridalicense.com/dbpr...icense_re.html
    Needs a License: Renting or Leasing or attempts to rent or lease real property of another for compensation.
    Does not need a License: The owner of real property who offers the real property for resale.
    Looks pretty clear to me.

    If he owns it and rents it out he doesn't need a license.

    If he's renting something out for somebody else he needs a license.

    Quote Quoting Pennys
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    Is a landlord required to have a license to rent an apartment, collect rent and evict?
    The answer to that question is no. If he owns the property he doesn't have to have a license to rent an apartment, collect rent and evict.

    What you have to understand though, is that his licensing status is between him and the state and has nothing to do with any rental agreement or lease that he has with you unless you can find a statute that says it does and, for the moment, I don't know of any in Florida that does that.

    What is your goal here?

    Your last thread ended about a month ago with you going to court to fight an eviction. What happened with that?

  3. #3
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    Default Re: Is a Landlord Required to Have a License

    Thanks for answering. I'm curious why he applied for a license last week. It just struck me as odd that he would do that now. I wondered if it was somehow related to the trouble he is in, which is quite a bit.

    As far as where you and I left off, I submitted my answer. The judge referred us to mediation and we did not reach an agreement. Final hearing is in two weeks.

    So far the only thing I know about my landlords case is that he issued me a 15 day notice to vacate with no cause. His attorney tried to refer to me as a holdover tenant but I'm not a holdover which is easy enough to prove based on my text messages which indicate not only was I welcome to stay on the property, but the landlord bearing gifts and even making arraignments for me to pay rent. My annual lease ended and I went month to month. All of his tenants are month to month. I recently learned that I was the only tenant he had that was on an annual lease.

    My case so far is the same, built on retaliation. He's since received a 7 day courtesy notice, to which he didn't respond. He claims he didn't receive it but the code enforcement officer tells me that my landlord responded on day 7 at 5pm. After our mediation, I bumped into my landlord at the code enforcement office no more than 30 minutes following. He was asking for a new inspection. They did a walk through 2 days later and was issued several violations. As of today, he is still in violation.

    But what I also know is he is in violation with the property itself and two of the units. The has a license for a duplex but is renting all 3 units. The third unit has structural, plumbing and electrical issues on top of the pest infestation which turned out to be not my apartment, but actually outside the apartment. They were coming in from outside as opposed to already being in the building.

    I'm nervous. I don't know what they could possibly have that could work to their advantage in this situation and they've mentioned nothing other than "Holdover tenant".

    -- edit - sorry My goal is to just show a pattern of behavior by my landlord and make my own case as strong as possible. Reason being is I only have texts from May 2015 to present on my cell phone. I have no real documentation other than what I am getting from code enforcement.

    - - - Updated - - -

    The county actually has a lien on the property at this point. I just can't believe this guy is in this much trouble and is actually paying to evict someone for, 'no cause'. The whole things is just baffling.

  4. #4
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    Default Re: Is a Landlord Required to Have a License

    As a LL but NOT in FL I am aware that there may be major problems for a LL to enforce a lease IF the LL lacks a required license to operate ....but it's a technical problem and may hinge on if it's a regulatory license or a revenue license.....and the regulatory license is what may matter.

    Also there may be a major legal problem to enforce a lease as to a property which is not legal to rent such as an illegal conversion or a unit lacking a CO where such is a mandatory requirement

    But these are rather technical points and the DJ Judge may simply not care ...I repeat my earlier suggestion to use counsel especially if you seek to address such points.
    Earlier you seemed to raise some points falling under retialitory eviction ..and those may be solid for you.

    Again, not in Florida, but I was sitting waiting for my case to be heard and the LL ahead of me was clearly shown to have a pile of code violations calling into question the havitability ..the Judge tired of LLs unclean hands and basically tossed him out instructing that when he had fixed all the code issues she would hear his eviction matter ......dirty hands often do not serve a LL well!!

  5. #5
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    Default Re: Is a Landlord Required to Have a License

    We may be speaking of two different things: The license of an individual to act as a property manager for others, and the approval of a house or apartment as a rental property by the local government.

  6. #6
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    Default Re: Is a Landlord Required to Have a License

    It's a business control license. I spoke to Professional Business License Regulations and they do not handle this classification of license. I have to find my answers through the city.

    The other thing I have is a record of the construction permits on the house. He's renovated 3 units and added a fence but he didn't file for any permits until he was caught by code enforcement.

    - - - Updated - - -

    Found: What are the local licensing requirements in Florida?

    Whether your business needs a local business license and the requirements for those licenses depends on where you are applying. For example, Boca Raton requires that all businesses obtain a general local license, known in Florida as a business tax receipt, while Orlando issues its business tax receipts on an occupational basis and a single business may need to obtain several business tax receipts to operate within the city. Likewise, there is no general business tax receipt that is required in Miami, but certain types of businesses and occupations must have special permits that are issued by the county government, not the city. All businesses should check with their local city and county governments to find out the licensing requirements they need to meet. Generally, business tax receipts must be obtained before the business opens, otherwise you may be subject to penalties and fines.

    http://www.cityapplications.com/busi...z-Florida.html

    - - - Updated - - -

    Quote Quoting Mr. Knowitall
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    We may be speaking of two different things: The license of an individual to act as a property manager for others, and the approval of a house or apartment as a rental property by the local government.
    Yes, I have a document here and I am trying to figure out what it is. It's through my city. It's a Business Control License. It shows that he is licensed for a duplex but is paying taxes on a triplex. They are supposed to be issued annually but this is only for 12 weeks.

    - - - Updated - - -

    I'm hoping what this means is, since he's had tenants since 2013 but didn't apply for a Business Control License until July of 2015, he wasn't legally able to rent any of the units.

    - - - Updated - - -

    And found on my city website:

    Why did I receive a Business Tax Receipt renewal notice?

    All Business Tax Reciepts expire at the end of each fiscal year (September 30th). At the end of each
    fiscal year, all BTRs must be renewed for the next one year period. If your business is located inside the
    City of XXXXXX city limits, a City issued BTR is required.

    I know this helps my case, I'm just not sure how.

    It would certainly explain why it looks like a temp license. It's not a temp license, it's that he's finally registered and this is the amount of time left in the annual cycle, which ends on September 30th for all license holders.

  7. #7
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    Default Re: Is a Landlord Required to Have a License

    Suggestion from afar.....A missing license for tax purposes is NOT likely to impair his ability to enforce the lease .

    The lack of legal occupancy of that third unit IF you find a law or code on point may sure give the LL at least dirty hands ....but That alone may not make your day!

    If he is not the owner of record he there might be issues under the realtor license law referenced by others.

    My view as a LL is that courts may be very unfriendly to LLs who appear with dirty hands ....but the court will NOT do your work for you.

    - - - Updated - - -

    An alternate issue...FL allows a tenant to withhold rent until LL cures a serious problem as to habitability . But read the rules...it's a narrow path but it might fit ....and if it fits...a LLs pocketbook is one sure way to get his attention.

    Again..your odds to prevail on whatever point you seek rest with good counsel.

  8. #8
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    Default Re: Is a Landlord Required to Have a License

    That's just it, I am not able to locate an attorney in my area that wants to represent a tenant. Apparently the odds and the stakes must be much higher by representing the landlord. The ones I do talk to tell me that because I am on a month to month basis with no lease, the landlord has the right to evict regardless of my defense.

  9. #9
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    Default Re: Is a Landlord Required to Have a License

    I don't know about your area..in mine there are several sort of legal aid lawyers who liberally represent people of very limited means against bad apple LLs ...one of those I've seen in action ( not against me) ..she is a tiger who wins .....you need to find a local tiger as to little tenants rights ...the money may be much better on LL side....but there are often lawyers with a calling for the little people ....try to find one ....

  10. #10
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    Default Re: Is a Landlord Required to Have a License

    Legal aid in my city does not provide assistance with this. I called my local number and was disconnected with that message. When I try and dial the next city over, it immediately cuts me off with the message, "we're sorry, this agency does not provide services for the option you selected" and then disconnects me. It wont even allow me to dial into the system again.

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