South FL Landlord Requires New Tenants to be Vaccinated

Page 1 of 4 [ 57 posts ]  Go to page 1, 2, 3, 4  Next

AnonymousAnonymous
Veteran
Veteran

Joined: 23 Nov 2006
Age: 34
Gender: Male
Posts: 69,878
Location: Portland, Oregon

15 Sep 2021, 10:34 pm

https://www.cnn.com/2021/09/15/us/florida-landlord-vaccine-requirement/index.html


_________________
Silly NTs, I have Aspergers, and having Aspergers is gr-r-reat!


Dox47
Veteran
Veteran

User avatar

Joined: 28 Jan 2008
Gender: Male
Posts: 13,577
Location: Seattle-ish

16 Sep 2021, 12:12 am

Image


_________________
“The totally convinced and the totally stupid have too much in common for the resemblance to be accidental.”
-- Robert Anton Wilson


TheRobotLives
Veteran
Veteran

Joined: 7 Dec 2019
Gender: Female
Posts: 2,092
Location: Quiet, Dark, Comfy Spot

16 Sep 2021, 2:47 am

Strange, the landlord would publicly announce his illegal activity.


_________________
Then a hero comes along, with the strength to carry on, and you cast your fears aside, and you know you can survive.

Be the hero of your life.


DW_a_mom
Veteran
Veteran

User avatar

Joined: 22 Feb 2008
Gender: Female
Posts: 13,683
Location: Northern California

16 Sep 2021, 3:05 am

First reaction: he can’t require vaccination of tenants.

Second reaction: why would it matter to him given each rental unit is contained?

Third reaction, after reading him talk of having many tenants die: dead tenants are definitely a hassle to his business. They don’t pay rent and they don’t clear out their own things.

Fourth reaction: I think I found the business justification.

Fifth reaction: can odds of dying be factored into a rental application?

Sixth reaction: Wonder if Brictoria feels like looking up Florida law on dead tenant issues.


_________________
Mom to an amazing young adult AS son, plus an also amazing non-AS daughter. Most likely part of the "Broader Autism Phenotype" (some traits).


Brictoria
Veteran
Veteran

User avatar

Joined: 12 Aug 2013
Age: 48
Gender: Male
Posts: 3,998
Location: Melbourne, Australia

16 Sep 2021, 3:16 am

DW_a_mom wrote:
Sixth reaction: Wonder if Brictoria feels like looking up Florida law on dead tenant issues.


Could be an interesting one to look into when I have a bit of spare time.

I'd guess the responsibility to "clear out" the contents of the residence would fall on the executor of the will (or similar), with rent owed still possibly accruing (as per the rental agreement) for the duration it was "in use", or as otherwise arranged with the landlord.

I guess my research would start here:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.67.html

And this may be of interest:
https://lieserskaff.com/how-florida-landlords-should-handle-a-deceased-tenants-personal-property/



DW_a_mom
Veteran
Veteran

User avatar

Joined: 22 Feb 2008
Gender: Female
Posts: 13,683
Location: Northern California

16 Sep 2021, 3:27 am

Brictoria wrote:
DW_a_mom wrote:
Sixth reaction: Wonder if Brictoria feels like looking up Florida law on dead tenant issues.


Could be an interesting one to look into when I have a bit of spare time.

I'd guess the responsibility to "clear out" the contents of the residence would fall on the executor of the will (or similar), with rent owed still possibly accruing (as per the rental agreement) for the duration it was "in use", or as otherwise arranged with the landlord.

I guess my research would start here:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.67.html

And this may be of interest:
https://lieserskaff.com/how-florida-landlords-should-handle-a-deceased-tenants-personal-property/


It is interesting, isn’t it?

Can any of this be used in any way deciding qualification of tenants … ? … I rather doubt anything that quite fits the pandemic and vaccine alternative situation has ever been specifically addressed. So it becomes finding law that includes the strongest shared factors and weakest distinguishing factors …


_________________
Mom to an amazing young adult AS son, plus an also amazing non-AS daughter. Most likely part of the "Broader Autism Phenotype" (some traits).


Brictoria
Veteran
Veteran

User avatar

Joined: 12 Aug 2013
Age: 48
Gender: Male
Posts: 3,998
Location: Melbourne, Australia

16 Sep 2021, 3:39 am

DW_a_mom wrote:
Brictoria wrote:
DW_a_mom wrote:
Sixth reaction: Wonder if Brictoria feels like looking up Florida law on dead tenant issues.


Could be an interesting one to look into when I have a bit of spare time.

I'd guess the responsibility to "clear out" the contents of the residence would fall on the executor of the will (or similar), with rent owed still possibly accruing (as per the rental agreement) for the duration it was "in use", or as otherwise arranged with the landlord.

I guess my research would start here:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.67.html

And this may be of interest:
https://lieserskaff.com/how-florida-landlords-should-handle-a-deceased-tenants-personal-property/


It is interesting, isn’t it?

Can any of this be used in any way deciding qualification of tenants … ? … I rather doubt anything that quite fits the pandemic and vaccine alternative situation has ever been specifically addressed. So it becomes finding law that includes the strongest shared factors and weakest distinguishing factors …


A quick look through http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html didn't have anything pop up related to selection of tenants.

With that said, 760.23 (2) , (3), and (4) may come into this:
Quote:
(2) It is unlawful to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, national origin, sex, disability, familial status, or religion.
(3) It is unlawful to make, print, or publish, or cause to be made, printed, or published, any notice, statement, or advertisement with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, national origin, sex, disability, familial status, or religion or an intention to make any such preference, limitation, or discrimination.
(4) It is unlawful to represent to any person because of race, color, national origin, sex, disability, familial status, or religion that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available.

Source: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0760/Sections/0760.23.html
Of course, this would depend on whether not being unvaccinated is classed as a "disability" (and religious exemptions from vacinations would also come into it as well)...



DW_a_mom
Veteran
Veteran

User avatar

Joined: 22 Feb 2008
Gender: Female
Posts: 13,683
Location: Northern California

16 Sep 2021, 4:05 am

Brictoria wrote:
Of course, this would depend on whether not being unvaccinated is classed as a "disability" (and religious exemptions from vacinations would also come into it as well)...


Agreed, that may end up being the piece of the law that gets dissected.


_________________
Mom to an amazing young adult AS son, plus an also amazing non-AS daughter. Most likely part of the "Broader Autism Phenotype" (some traits).


Nades
Veteran
Veteran

Joined: 8 Jan 2017
Age: 1933
Gender: Male
Posts: 3,770
Location: wales

16 Sep 2021, 4:06 am

DW_a_mom wrote:
First reaction: he can’t require vaccination of tenants.

Second reaction: why would it matter to him given each rental unit is contained?

Third reaction, after reading him talk of having many tenants die: dead tenants are definitely a hassle to his business. They don’t pay rent and they don’t clear out their own things.

Fourth reaction: I think I found the business justification.

Fifth reaction: can odds of dying be factored into a rental application?

Sixth reaction: Wonder if Brictoria feels like looking up Florida law on dead tenant issues.


UK law at least which seems similar to US law states that even after a tenant dies he/she still has a tenancy believe it or not. It's intended to stop landlords just ransacking a dead tenant's belongings and allowing the "estate" to be passed on to family.



DW_a_mom
Veteran
Veteran

User avatar

Joined: 22 Feb 2008
Gender: Female
Posts: 13,683
Location: Northern California

16 Sep 2021, 4:09 am

Nades wrote:
DW_a_mom wrote:
First reaction: he can’t require vaccination of tenants.

Second reaction: why would it matter to him given each rental unit is contained?

Third reaction, after reading him talk of having many tenants die: dead tenants are definitely a hassle to his business. They don’t pay rent and they don’t clear out their own things.

Fourth reaction: I think I found the business justification.

Fifth reaction: can odds of dying be factored into a rental application?

Sixth reaction: Wonder if Brictoria feels like looking up Florida law on dead tenant issues.


UK law at least which seems similar to US law states that even after a tenant dies he/she still has a tenancy believe it or not. It's intended to stop landlords just ransacking a dead tenant's belongings and allowing the "estate" to be passed on to family.


Makes some sense, but also means the death of a tenant creates huge issues and problems for a landlord. The unit could be off the market for quite some time.


_________________
Mom to an amazing young adult AS son, plus an also amazing non-AS daughter. Most likely part of the "Broader Autism Phenotype" (some traits).


Brictoria
Veteran
Veteran

User avatar

Joined: 12 Aug 2013
Age: 48
Gender: Male
Posts: 3,998
Location: Melbourne, Australia

16 Sep 2021, 4:14 am

DW_a_mom wrote:
Brictoria wrote:
Of course, this would depend on whether not being unvaccinated is classed as a "disability" (and religious exemptions from vacinations would also come into it as well)...


Agreed, that may end up being the piece of the law that gets dissected.


At a guess, those against the landlord's actions will find someone with a religious exemption related to vaccinations to use as a prospective tennant, given that would avoid the question of whether being unvaccinated is a disability and go straight to claiming it is "religious discrimination", and so more likely to be found to be illegal.



Brictoria
Veteran
Veteran

User avatar

Joined: 12 Aug 2013
Age: 48
Gender: Male
Posts: 3,998
Location: Melbourne, Australia

16 Sep 2021, 4:20 am

DW_a_mom wrote:
Nades wrote:
DW_a_mom wrote:
First reaction: he can’t require vaccination of tenants.

Second reaction: why would it matter to him given each rental unit is contained?

Third reaction, after reading him talk of having many tenants die: dead tenants are definitely a hassle to his business. They don’t pay rent and they don’t clear out their own things.

Fourth reaction: I think I found the business justification.

Fifth reaction: can odds of dying be factored into a rental application?

Sixth reaction: Wonder if Brictoria feels like looking up Florida law on dead tenant issues.


UK law at least which seems similar to US law states that even after a tenant dies he/she still has a tenancy believe it or not. It's intended to stop landlords just ransacking a dead tenant's belongings and allowing the "estate" to be passed on to family.


Makes some sense, but also means the death of a tenant creates huge issues and problems for a landlord. The unit could be off the market for quite some time.


Not really - the tenant has a contract with the landlord, which the deceased's estate would be expected to cover for the duration the residence is still in use. Even if this wasn't the case, it would also likely be less time than a landlord is restrained from acting due to a tenant not paying rent.

Certainly less time (and money) impact that faced by landlords who had people not paying rent during the eviction moratorium...



Nades
Veteran
Veteran

Joined: 8 Jan 2017
Age: 1933
Gender: Male
Posts: 3,770
Location: wales

16 Sep 2021, 5:01 am

DW_a_mom wrote:
Nades wrote:
DW_a_mom wrote:
First reaction: he can’t require vaccination of tenants.

Second reaction: why would it matter to him given each rental unit is contained?

Third reaction, after reading him talk of having many tenants die: dead tenants are definitely a hassle to his business. They don’t pay rent and they don’t clear out their own things.

Fourth reaction: I think I found the business justification.

Fifth reaction: can odds of dying be factored into a rental application?

Sixth reaction: Wonder if Brictoria feels like looking up Florida law on dead tenant issues.


UK law at least which seems similar to US law states that even after a tenant dies he/she still has a tenancy believe it or not. It's intended to stop landlords just ransacking a dead tenant's belongings and allowing the "estate" to be passed on to family.


Makes some sense, but also means the death of a tenant creates huge issues and problems for a landlord. The unit could be off the market for quite some time.


It does sadly. The case should be obvious and to be fair to the courts it is but it's just the waiting until it can be heard in court that's the problem.



Nades
Veteran
Veteran

Joined: 8 Jan 2017
Age: 1933
Gender: Male
Posts: 3,770
Location: wales

16 Sep 2021, 5:05 am

Brictoria wrote:
DW_a_mom wrote:
Nades wrote:
DW_a_mom wrote:
First reaction: he can’t require vaccination of tenants.

Second reaction: why would it matter to him given each rental unit is contained?

Third reaction, after reading him talk of having many tenants die: dead tenants are definitely a hassle to his business. They don’t pay rent and they don’t clear out their own things.

Fourth reaction: I think I found the business justification.

Fifth reaction: can odds of dying be factored into a rental application?

Sixth reaction: Wonder if Brictoria feels like looking up Florida law on dead tenant issues.


UK law at least which seems similar to US law states that even after a tenant dies he/she still has a tenancy believe it or not. It's intended to stop landlords just ransacking a dead tenant's belongings and allowing the "estate" to be passed on to family.


Makes some sense, but also means the death of a tenant creates huge issues and problems for a landlord. The unit could be off the market for quite some time.


Not really - the tenant has a contract with the landlord, which the deceased's estate would be expected to cover for the duration the residence is still in use. Even if this wasn't the case, it would also likely be less time than a landlord is restrained from acting due to a tenant not paying rent.

Certainly less time (and money) impact that faced by landlords who had people not paying rent during the eviction moratorium...


I don't know how well charging relatives works in practice though. The courts know that bills can't just be thrust upon people in such circumstances without good reason. If relatives wanted to make use of the house and did while the case was going through the court process then yes charging them would be fair.

If a relative simply died while they were renting a mansion in Manhattan and the next of kin was a bother and son who worked in an Amazon warehouse then I doubt a landlord would stand a hope in hell even if any laws explicitly say he can charge them.



demeus
Veteran
Veteran

User avatar

Joined: 24 Jul 2007
Age: 49
Gender: Male
Posts: 720

16 Sep 2021, 5:42 am

It will be interesting to see if the vaccination requirement for housing does past muster under the law, especially for those who cannot get vaccinated for medical reasons or claim the religious exemption.

As for tenants dying, once a tenant dies, it is up to the estate to clean out the deceased stuff and pay any amounts owing to the landlord. The landlord can charge the estate if there is money to pay all the debts in the estate. If there is not enough money in the estate, the landlord, like the rest of the creditors, is out of luck. The heirs and other family members are not responsible for the deceased debts.



Fnord
Veteran
Veteran

User avatar

Joined: 6 May 2008
Age: 66
Gender: Male
Posts: 59,750
Location: Stendec

16 Sep 2021, 8:36 am

If any landlord can legally declare his or her own private rental property as "No Pets", "Non-Smokers Only", "No Firearms", and a "Drug-Free Zone", then there seems to be nothing illegal about declaring the same property as "Vaccinated People Only".  The legal precedent is clear: Landlords can place restrictions on tenants in the interest of health and safety, and NOT not because of age, ethnicity, gender, gender identity, language, nationality, political affiliation, race, religion, sex, sex characteristics, or sexual orientation.

Also, it is not as if this landlord had the only rental property in all of Florida, or as if he has a monopoly on all rental properties in his state -- there are hundreds (perhaps thousands) of other rental units within walking distance.

I think this kerfuffle is likely being stirred up by ignorant, anti-vaxx, anti-mask evangelicals and Republicans who are looking for a court case upon which to anchor their unscientific claims.

I am with the landlord on this one.


_________________
 
No love for Hamas, Hezbollah, Iranian Leadership, Islamic Jihad, other Islamic terrorist groups, OR their supporters and sympathizers.