I was the executor of my father's will. He owned a non-homestead house in another county. I filed a probate case and was deeded the home after disposition. A half sibling (step brother to my father) has been living in the home for 17 years and was on the mortgage (not the deed). I am now... Read more »
answered on Mar 20, 2023
Yes, an ejectment action would be appropriate to remove the occupant. However, they may have an equitable claim for the amounts paid on the mortgage, assuming they paid some portion of the mortgage that they signed for. Please feel free to reach out for a free consultation.
as the Rats, he tells her it will cost in rent increase. Landlord even had professional at house about the rats but landlord won't pay to fix holes. Is there anything the renter can do?
answered on Mar 11, 2023
Answering the question, so you can advise your neighbor, would be the unauthorized practice of law on your part, a felony. Let your neighbor handle her issue with the Landlord, if she needs help finding an attorney, help her do that. Then leave it be.
What can I do to stop them from ever entering the property again.
answered on Mar 8, 2023
1. Give written demand to leave (either immediately or give a deadline of your choice), and keep a copy; good to give verbal demand as well;
2. If the person refuses, read Fla. Statutes Section 82.035 (which is online) - that provides a remedy of having the police order the person to... Read more »
I own a home in manatee county Florida. I allowed my partner to move in with me. He pays half the bills in form of a rent check to me monthly. He also paid half of getting my main electrical box replaced ($2900.00).
answered on Mar 7, 2023
Were you to sell your house, he would be invisible to the title company, as he is not on the deed. He would not be entitled to share the profits of the sale, as he would be if he co-owned the home.
Whether he can sue you for some amount as compensation for the contributions he has made, and... Read more »
How can a judge issue a final judgement without giving us a chance to present the case? The owner along with a tenant contracted for construction to the rental unit. All invoices presented by contractor were paid. Owner was later presented with a bill from a subcontractor, no contract or... Read more »
answered on Mar 7, 2023
Sounds like the default was entered due to someone's error, which may have been made due to failure to consult an attorney. In small claims court, an LLC does NOT need an attorney to represent the LLC if the proper documentation is prepared to authorize an eligible person to engage in the... Read more »
I am a paraplegic confined to a wheelchair and they have "half assed" this request as if they have no consequences for doing so.
They have begun a surreptitious attempt to make complaints against me in retaliation. Please help.
answered on Mar 6, 2023
My advice is to consult an attorney who has experience with, or focuses his or her practice on ADA issues.
My apartment complex is telling me that I can not have someone spend the night for more than 3 days a month. But, this is not what the lease says.
It states : “ Other than residents and authorized occupants, no one else may occupy the apartment. Guests are not permitted to stay in the... Read more »
answered on Mar 5, 2023
As I read your post, the complex is right. The lease apparently reads "Guests are not permitted to stay in the apartment for more than (3) consecutive days without [their] prior written consent." Is the problem the fact that the "(3)" isn't really filled in?
If the HOA knew of the misrepresentations, intentional fraud, right? If they didn't know, negligence fraud, right? And any related parties aware and benefiting from said misrepresentations are conspirators, no?
answered on Mar 4, 2023
Generally, no, but that answer could change depending on the misrepresentations. If any of the misrepresentations conflict with the language in the HOA documents, which are public record, the HOA would not be liable because owners are deemed to have read the HOA documents whether they actually... Read more »
This is a short term lease for 3 months.
answered on Mar 2, 2023
Sure, obviously you can breach any contract if you want to be exposed to liability for doing so. If you have a meaningful question, please phrase it in a way that makes sense.
I stayed in these apartments in Arlington in 2021i was pregnant, within the first month I had issues. There was no heat or AC in the unit. being on the second floor with heat and moist black mold, started appearing everywhere throughout the house. I have pictures. What they did do was send... Read more »
answered on Mar 2, 2023
Based on the information provided, it sounds like you may have a potential legal case against the apartments for issues related to mold, plumbing, and reimbursement for hotel expenses. You may want to consider contacting a local tenant rights organization or consulting with a landlord-tenant... Read more »
This took place in pinelles county Florida. Locks were changed after the court ordered us to vacate the home but prior to being processed by the county sheriff resulting in the final judgement being “cancelled”
answered on Feb 24, 2023
Yes. The FILING of the eviction complaint is what causes issues for renters, not the outcome of the case. The filing creates the record in the clerk records, and that is permanent. The records are public records, so anyone can look up the filing. They may not be able to see the actual documents,... Read more »
13 month lease states that either party must give 60 days notice of non-renewal. I was given notice today 31 days away from the end of lease that I need to move out on the last day. The lease states it automatically goes month to month. What are my options? 31 days is not enough time to for me to... Read more »
answered on Feb 8, 2023
Yes, you should immediately remind them of the 60-day language of the lease.
I have a loud upstairs apartment neighbor for that I have filed complaints about due to excessive running, slamming, and pounding. I have been asked to have someone come out and hear it but either no one has come out or the noises don't last long enough. I have written records but still would... Read more »
answered on Feb 3, 2023
Can you record the noise as heard in your apartment? Of course.
I have four boys one of them is autistic and we have nowhere to go but live in our car
answered on Feb 1, 2023
The notice is a 3 day "Pay or leave" notice, correct? It means that you need to pay the rent in full in 3 days OR leave. If you don't, then the landlord can file an eviction action against you.
While you situation is serious and heartbreaking, the fact that your son is... Read more »
A tenant in the park has assaulted a group of children and was arrested. Come to find out he did the same thing last year to another group of children. He was allowed to remain in the park and the other tenants were not notified of the incident. Now that he has done it again what are my rights... Read more »
answered on Feb 1, 2023
A property manager/property owner is liable for damages resulting from a tenant on tenant assault, provided that the manager/owner knew or should’ve known that this tenant posed a dangerous risk to other tenants. You should retain counsel here in the state of Florida for contingency fee... Read more »
If my Landlord terminates my lease because of a lease violation ( though I do have proof that the accusation is false) will it hurt my credit? At this point I’m sick of my landlord and their management company and I want to get out.
answered on Jan 31, 2023
It depends on the terms of the lease and the circumstances surrounding as to why you may want to terminate. Most standardized leases have an option that they can collect and attempt to recover damages as a result of the breach of the lease contract. However, it is possible that there are defenses... Read more »
What is the procedure now that the appeals court lifted the stay, does a new writ need to be issued, do I get re-served or am I basically going to have the sheriff come anytime now to throw my stuff out, I have movers scheduled day after tomorrow so I don’t need much time but wanted to know if I... Read more »
answered on Jan 30, 2023
If the stay has been lifted, the original writ can now be enforced by the sheriff. No new writ has to issue or be served. The sheriff will show up when the landlord schedules the writ to be executed. It could be any day now that the stay is lifted.
There was a problem in our park on New Years where my husband was trying to break up a fight with some residents, those residents turned against us and made reports to management that just was not true. Now they are serving us with a non-renewal. We own our home but rent the lot. We feel... Read more »
answered on Jan 26, 2023
Having been accused of violence in the course of breaking up a fight doesn't sound like discrimination on the basis of being in a suspect category (race, etc.). So, unless the mobile home park's agreement proves otherwise, they can get rid of you.
answered on Jan 16, 2023
I dont know whether it's legal, but it's extremely inappropriate and if I were applying to rent and the prospective landlord asked me for my bank's user name and password, I'd immediately terminate the application and tell the landlord to take a long walk on a short pier.
The trust is irrevocable. The beneficiaries are the deceased daughters. New deed has not been issued yet.
answered on Jan 13, 2023
Yes, assuming that the trust doesn't provide otherwise. It would be up to the trustee.
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