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Oviedo magistrate gives landlord until Jan. 22, 2026 to fix window locks; declines to impose fines now
Summary
A Special Magistrate for the City of Oviedo declined to impose accrued fines on a rental property at 623 Horseman Drive, setting a new compliance deadline of Jan. 22, 2026 (5 p.m.) and ordering the tenant to provide reasonable access for repairs; the owner had cited a pending eviction and tenant uncooperativeness.
The City of Oviedo Special Magistrate declined to impose fines at the Dec. 4, 2025 hearing for code case CE25-000685 concerning window locks at 623 Horseman Drive, and instead set a new compliance deadline of Jan. 22, 2026 (5 p.m.). The magistrate ordered that fines will begin to accrue at $150 per day after that date if the property is not brought into compliance and directed that the tenant must provide reasonable access for repairs.
City staff (Miss Moyer) introduced a 26-page packet including the prior finding of fact and photos showing window and lock issues. Miss Moyer said the finding of facts had set a date of Nov. 20, 2025 for compliance and that certified-mail receipts and green‑card evidence were in the record.
Respondent counsel, Jose Moreira, said his client (owner representative Daniel Dominguez was present) had attempted to schedule repairs but was hampered by a pending eviction and by a tenant who for several weeks limited access. Moreira offered two text‑message exhibits showing scheduling attempts on Nov. 14, 2025 for repair on Nov. 18, and a tenant reply indicating availability only on Nov. 15 or after Thanksgiving. The magistrate admitted the text messages into the record as respondent exhibits.
Dominguez testified that earlier vendor inspections in April had found locks functional; a July vendor reported two nonlocking windows and a broken upstairs glass that same day, which was repaired. On Nov. 10 the city reported seven broken locks and the owner began attempting scheduling then. Counsel and the owner said they had scheduled repairs for Dec. 10, 2025 and planned to serve a notice to enter if access remained blocked. Counsel also said there is a large animal on the property that may prevent entry when the owner is absent.
Magistrate Marcy said he could not accept an unsigned, unsworn written statement from tenant Scott Douglas for evidentiary purposes. After weighing the record, the magistrate concluded that it would be unfair to impose fines for the delay to date given the contested circumstances, but he set a firm compliance date of Jan. 22, 2026 and warned fines at $150/day will start after that date if the windows are not repaired. He also ordered the owner to keep documentation of access attempts so the court could revisit fines if necessary.
The case was continued with the new compliance deadline; no fines were entered at the Dec. 4 hearing.
