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Questions Answered by Dennis Chen

1 Answer | Asked in Lemon Law for Florida on

Q: Am i still responsible and out any way i can get out of car? Or is it now chrysler to fix

Bought a car 8 months ago from drivetime. Also purvhased the warranty they offered. 09 aspen. A few weeks ago the engine is having trouble. Apparently failed compression test. So the engine had to be replaced as well as the radiator. Averex the warranty covered it besides 400 that i had to pay. 3... Read more »

Dennis Chen answered on Jan 11, 2017

My guess is that your rights are governed by the warranty. You may also have a claim against the company that replaced the engine. The engine may have been replaced with a used engine that failed or there may have been negligence in the repair process.

1 Answer | Asked in Lemon Law for Florida on

Q: Sue for truck repair?

Friend’s GMC truck had repair work done for cylinders under warranty in 2010. Truck began smoking again the next week. Repair shop went out of business within the month after repair. Warranty expired in 2011. Friend is questioning if he can sue GMC to get cylinders fixed because work was not... Read more »

Dennis Chen answered on Jan 11, 2017

Have an attorney review the documents for you but most likely the statute of limitations prevents you from taking action now. It has been over five years sine the repairs were made.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: I live in a rental property in St Pete FL. Recently my roomate, who is on the signed lease, decdided to leave

Good Morning,

I live in a rental property in St Pete FL. Recently my roomate, who is on the signed lease, decdided to pack his bags and leave. Is he responsible for his portion of the rent or am I legally liable for the entire lease remaining?

Thank you,

Adam

Dennis Chen answered on Jan 11, 2017

Without reading your lease I assume that the roommate remains responsible for their portion of the rent. You are most likely fully responsible for the entire rent each month and the landlord does not have to go after the roommate for half of the rent. You can sue your former roommate for their... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on

Q: Does the landlord have a right to evict you for having an overnight guest?

Dennis Chen answered on Jan 11, 2017

It depends on your lease terms. Does the lease prohibit overnight guests?

1 Answer | Asked in Real Estate Law for Florida on

Q: Can Florida Statute 163.04 this statue be sent to mediation in small claims court in Florida?

My HOA denied me the right to put a clothesline up which is against Florida Statute 163.04 I am a renter does this statue apply to me or just owners. Should I take them to small claims with the written letter from them denying me as proof ? What can i get in damages? is there risk of mediation?... Read more »

Dennis Chen answered on Jan 11, 2017

Contact an attorney that has experience with HOA matters. You may get one that is willing to take the case on a contingency basis because of the attorney fee provision in Fla. Stat 163.04

1 Answer | Asked in Personal Injury and Landlord - Tenant for Florida on

Q: Can I hold off paying rent due to breach of contract from the landlord?

Fell through the floor after being told the floor was fixed, went to the ER and still having low back pain.

Dennis Chen answered on Jan 11, 2017

You should contact a personal injury attorney as soon as possible. Choose a personal injury lawyer that has experience with landlord tenant matters. I handle both personal injury and landlord-tenant cases. I provide a free consultation to answer your questions regarding this type of problem.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: Can a master tenant who subletted their room still live in the house?

Master tenant subleased room and moved with bf. They broke up and master tenant moved back, but subletter still lives here and master tenant has taken over living quarters. Is this legal? Can master tenant regain control of premises with sublease still occurring?

Dennis Chen answered on Jan 11, 2017

The rights of the master tenant and subleasing tenant are governed by the lease between the parties. The lease should specify the area that you leased and how much control you have. Does the lease state that you will have exclusive use of the premises? It all comes down to the lease terms.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: When lease ends and landlord does not send new one and you are residing in apt for several years after lease expired

Then landlord decides to renew a new lease is he allowed to increase your rent by 5% per year for the last 4years in your new lease is that legal

Dennis Chen answered on Jan 11, 2017

The new lease is open to negotiation between the landlord and tenant. The landlord is not required to maintain the same rental rate.

2 Answers | Asked in Criminal Law, Landlord - Tenant and Personal Injury for Florida on

Q: How much compensation will I get

If I can prove that my apartment complex management installed hidden cameras all over my apartment and everyone watched me nude?

Dennis Chen answered on Jan 11, 2017

Consult an attorney for a free consultation. Be prepared to present the proof to the attorney.

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2 Answers | Asked in Personal Injury for Florida on

Q: My child was injured on his walk home from elementary school. He was technically on someone's lawn.

He said he wanted to run through a fountain sprinkler which must've been left on for awhile unattended because he got his foot caught in a deep puddle and broke his ankle. Can I sue for his medical expenses even if he was on someone's private property?

Dennis Chen answered on Jan 11, 2017

Possibly. You should consult an attorney immediately. Many of us provide free consultations for injury claims.

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1 Answer | Asked in Real Estate Law for Florida on

Q: What is a quit claim

Dennis Chen answered on Jan 20, 2012

A quit claim deed allows you to give up any ownership interest you may have at the time the deed is signed. A common problem people face is that they sign a quit claim deed and give up ownership but they do not realize until too late that they are still responsible for any mortgage that was on the... Read more »

1 Answer | Asked in Real Estate Law for Florida on

Q: I have upside down mtg. on Fla. prop. worth 1/2 of principal. Can I make deal to pay that 1/2?

I can "scrape" up funds from cash, loans by relatives, etc. to cover that half. will Mortgage Trust make deal to get off books?

Dennis Chen answered on Jan 20, 2012

You can try, but it is highly unlikely that the lender will accept that. You would be better off using the money to buy a new house with no loan and walk away from the current home. Talk to a bankruptcy attorney about your rights and what protections may exist under Florida law.

1 Answer | Asked in Real Estate Law for Florida on

Q: Can a wife sell her interest in land even if the husband is not selling and not a party to this sale?

Dennis Chen answered on Jan 20, 2012

The answer depends on how the property is titled. Is it as tenants in common. tenants in the entirety or joint tenants with right of survivorship? The best way to find out is to have an attorney review the deed, they can do that online and give you an opinion. You may be able to have an attorney... Read more »

2 Answers | Asked in Bankruptcy for Florida on

Q: Do I have to use a specialist Attorney, or can any lawyer do a bky? Figure a jack of all trades maybe cheaper.

Dennis Chen answered on Jan 20, 2012

In addition to the other attorney's comment. A jack of all trades is probably a poor choice if you have a complicated bankruptcy. A simple Chapter 7 is probably all that you would want to take to someone that dabbles in bankruptcy.

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1 Answer | Asked in Real Estate Law for Florida on

Q: Does a mortgage require the "instrument prepared by...." in Florida?

Dennis Chen answered on Nov 7, 2011

I believe that is a recording office requirement but a failure to include that language does not invalidate a mortgage.

2 Answers | Asked in Car Accidents for Florida on

Q: Do i have legit cases to win? Also how do i know if my lawyer is doing his job? And how long does he have to file law s

I have 2 injury cases that happened in january and march of 2011. One is a car accident when an airport taxi hit me from behind and the taxi driver was cited a ticket.The other is a mountain bike accident at a complex where a drain hole was uncovered and caused me to crash and injure myself,there... Read more »

Dennis Chen answered on Nov 7, 2011

From what you have described you may have a claim against the taxi driver. The second accident requires more information. I can discuss this further in a free telephone or office consultation. You may contact me at dennis AT chenlaw DOT net

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1 Answer | Asked in Bankruptcy for Florida on

Q: Can i convert a chapter 7 to chapter 13

Dennis Chen answered on Oct 31, 2011

Yes, you may convert. You have to file the appropriate motion.

2 Answers | Asked in Real Estate Law for Florida on

Q: Hello. My husband wants to add me to the deed on our condo in Florida. What forms do we use and where to submit? Thanks!

Dennis Chen answered on Oct 29, 2011

The form to add someone to the title of real property is a Deed. A deed must bear the signatures of two witnesses and the seller/grantor's signature should be notarized for recording purposes. The deed is normally recorded at the Clerk of Court although in Orange County the recording of official... Read more »

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1 Answer | Asked in Bankruptcy for Florida on

Q: If a person filed a bankruptcy, what is the name of document filed in court

Dennis Chen answered on Oct 29, 2011

The bankruptcy is commenced by filing a Petition. You are also required to file numerous Schedules and other documents but the main document is the Petition.

1 Answer | Asked in Bankruptcy for Florida on

Q: If I change jobs and take less pay can I still file for bankruptcy?

Dennis Chen answered on Oct 29, 2011

Yes, you can still file for bankruptcy provided that you meet the criteria for doing so. Understand that the Means Test looks back six months to determine your income.

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