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Questions Answered by Dennis Chen
1 Answer | Asked in Real Estate Law for Florida on
Q: Do I need a quit claim deed if I am going thru a divorce & the husband is not on the deed or the loan? only the mortgage
Dennis Chen
Dennis Chen answered on Oct 23, 2011

Based on the limited information you provided I do not believe that you need Quit Claim Deed.

*** Dennis Chen, Attorney - dennisATchenlawDOTnet ***

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1 Answer | Asked in Real Estate Law for Florida on
Q: Can non citezens buy foreclosure houses
Dennis Chen
Dennis Chen answered on Oct 23, 2011

Yes. Foreign investors are able to buy property in the US. A non-citizen legal resident can buy property here also.

*** Dennis Chen, Attorney - dennisATchenlawDOTnet ***

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: How long does it take to legally eject sqatter in florida?
Dennis Chen
Dennis Chen answered on Oct 23, 2011

it depends on the circumstances but probably between 3-6 weeks if it is uncontested.

*** Dennis Chen, Attorney - dennisATchenlawDOTnet ***

Legal disclaimer: No attorney-client relationship is created by answering questions in this public forum. If you wish to create an attorney-client...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I went to my landlords office after being moved out of their complex 2 months ago ago asking about my deposit. She told

Me that she had sent a letter certified mail and gave me a copy of certified mail receipt. when i looked up tracking number it said it was delivered to another state.She said she sent me to collections .What can I do ?The letter was mailed 25 days after my move out date and I never received a... Read more »

Dennis Chen
Dennis Chen answered on Oct 23, 2011

When you moved out, did you give them a forwarding address? Did they mail the notice to an address you had in the past? You should review the matter with an experienced landlord-tenant attorney. The attorney may be able to represent you on a contingency basis and recover their fees from the... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can unit owner be present for defendant in lieu of tenant regarding association suing tenant for tenant eviction?
Dennis Chen
Dennis Chen answered on Oct 23, 2011

You need to consult an attorney regarding your rights in this situation. The law is fairly new and also depends on the condo/HOA documents.

*** Dennis Chen, Attorney - dennisATchenlawDOTnet ***

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it mandatory to supply air conditioning. The A/C is not blowing cold.
Dennis Chen
Dennis Chen answered on Oct 23, 2011

Air conditioning is not mandatory but it may be considered a material part of the lease agreement and the tenant may be able to terminate the lease if you do not get it repaired. The tenant may also decide to fix the problem and deduct the cost from the rent. The tenant should give the landlord a... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I need to evict a tenant that has not paid rent
Dennis Chen
Dennis Chen answered on Oct 23, 2011

You can generally evict a tenant by filing an eviction action in county court. you first need to serve the tenant with a three day notice for non-payment of rent. You should consider using an attorney to handle the eviction.

*** Dennis Chen, Attorney - dennisATchenlawDOTnet...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I allowed my son to stay in my rental house until i could get another tenant no lease agreement & no rent. do i evict
Dennis Chen
Dennis Chen answered on Oct 23, 2011

You should sue him in county court for unlawful detainer. This is not an eviction action under Chapter 83 because you do not have a landlord-tenant relationship.

*** Dennis Chen, Attorney - dennisATchenlawDOTnet ***

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Ok my question is this how long do aperson have to behind in there rent before and eviction file?
Dennis Chen
Dennis Chen answered on Oct 23, 2011

The landlord can deliver or post a three day notice for non-payment of rent if you are one day late on the rent and after the three day period has expired, they can file an eviction action.

*** Dennis Chen, Attorney - dennisATchenlawDOTnet ***

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: We charge a 50$ late fee after the 5th of the month is it legal to charge so much a day after that ? say 5$ a day ?
Dennis Chen
Dennis Chen answered on Oct 23, 2011

The amount of late fee charged is probably okay but depends on the actual monthly rent. If the tenant is paying $100/month rent then late fees that work out to greater than 50% will probably be considered unreasonable by the judge. If the monthly rent is $2,000, a judge will probably find it... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: If a home is leased to a tenant by one of the tenants in common owners, can the other evict prior to lease expiration?
Dennis Chen
Dennis Chen answered on Oct 23, 2011

Either owner can file an eviction action but the co-owner cannot evict you just because they don't want you there. They will need a valid reason, such as non-payment, breach of the lease, etc.

*** Dennis Chen, Attorney - dennisATchenlawDOTnet ***

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: When filing a claim against a landlord for not returning the deposit must I file the claim in same county as property

Landlord has not written or contacted us as to why he will not return deposit. The deposit was for rental in college town. Child is living in different rental now in same town but I live in Ponte Vedra. Do I have to go to Tallahassee to file claim or can I do it from here.

Dennis Chen
Dennis Chen answered on Oct 23, 2011

You need to file in Tallahassee.

*** Dennis Chen, Attorney - dennisATchenlawDOTnet

Legal disclaimer: No attorney-client relationship is created by answering questions in this public forum. If you wish to create an attorney-client relationship, you must contact me directly and sign a...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: How much time does one have to get belongings once served an eviction notice due to 249.50 short on rent?
Dennis Chen
Dennis Chen answered on Oct 23, 2011

It depends on the notice you are referring to. If it is a three day notice from the landlord, it means that if you do not pay the money owed or move out within three business days the landlord can sue for eviction. The landlord then files the eviction action in court and you will be served with a... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: When I paid off my Fl. home, should I have gotten an abstract? All I received was a letter saying my home was paid off.
Dennis Chen
Dennis Chen answered on Oct 23, 2011

A Satisfaction of Mortgage should have been recorded in the official records for the county where your property is located. Check with your recording office to determine if they have done so. The lender generally has thirty days to record the satisfaction. *** Dennis Chen, Attorney -... Read more »

1 Answer | Asked in Small Claims for Florida on
Q: We have moved from Florida. Should we file small claims in county where we once lived or where the company is.
Dennis Chen
Dennis Chen answered on Oct 23, 2011

Generally, suit is brought where the contract was entered or where the defendant has their office or does business. I need more information to properly answer your question.

*** Dennis Chen, Attorney - dennisATchenlawDOTnet

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1 Answer | Asked in Real Estate Law for Florida on
Q: Bought an HOA foreclosure Mtg. holder is T,B&W defunct bank, can I get them off the title?

Do I have any recourse against Hoa, sale in Lee county FL

Dennis Chen
Dennis Chen answered on Oct 23, 2011

You bought the property after a HOA foreclosure sale. Your ownership interest should still be subject to the outstanding mortgage. There is probably another entity administering the loan and I do not believe you will be able to remove their mortgage.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I close on a short sale property and sellers did not vacated the property
Dennis Chen
Dennis Chen answered on Oct 23, 2011

You will have to remove the sellers by bringing a law suit. You should contact an attorney for help with this matter. This is not an eviction action since there is no landlord-tenant relationship. An ejectment action is probably the best choice depending on the terms of the short sale... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I have an eviction on my record that is not me. I am trying to find out what it means when it says order of dismissal

Lack of evidence and case file destroyed per rules of judicial admin. But this still shows on my background check.

Dennis Chen
Dennis Chen answered on Oct 23, 2011

An Order of Dismissal means that the eviction was dismissed. It could mean that the eviction was dismissed by the judge because the landlord did not do what he was supposed to do or the landlord could have dismissed the eviction after reaching an agreement with the tenant. A copy of the Order of... Read more »

2 Answers | Asked in Small Claims for Florida on
Q: I am the defendant in a small claim ($5,000). What kind of lawyer I have to go? Can I find a representation? How much?
Dennis Chen
Dennis Chen answered on Oct 23, 2011

You need an civil litigation attorney that is willing to handle small claims matters.

Dennis Chen, Attorney - dennisATchenlawDOTnet

Legal disclaimer: No attorney-client relationship is created by answering questions in this public forum. If you wish to create an attorney-client...
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1 Answer | Asked in Consumer Law for Florida on
Q: A sourced out credit collector is harassing me at my place of employment after being asked to not contact me there.
Dennis Chen
Dennis Chen answered on Oct 23, 2011

You should contact a consumer lawyer. You may have the right to sue the collector for violation of FDCPA and Florida's Consumer Collection Practices Act.

Dennis Chen, Attorney - dennisATchenlawDOTnet

Legal disclaimer: No attorney-client relationship is created by answering questions...
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