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Questions Answered by Jonathan A. Klurfeld
1 Answer | Asked in Real Estate Law for Florida on
Q: I have signed a 5 year lease on a commercial property. I am 5 months into the lease. The owner is now selling.

The contract does have a 60 day early termination clause due to sale. I have recently been notified by the landlord that he is selling and I will need to leave. While I understand the ET Clause in the contract is there a guideline as to the length of time a landlord must honor on the lease.... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jun 20, 2018

The lease governs, and you should have had an attorney review it before signing and not signed if you did not agree with that term. Typically a new landlord steps into the shoes of the old and collects rent under the same lease terms going forward, but it sounds like you gave landlord an out and... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: To owner finance a residential property in Florida, what documents are required?
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jun 18, 2018

You 100% need an attorney to draft them to the specs of your deal. There is absolutely no competent way to use "forms" or stuff you find on the internet, and I agree would be an extremely poor idea likely costing you many times more in the long run than the attorney to do it right.... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: is it better, less expensive to have a real estate agent or a lawyer for buying a condominium
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jun 18, 2018

I agree, as buyer seller pays all commissions, but really a realtors job is to find you the home. If you already found it the realtor can't do a whole lot you cannot; an attorney a lot more. You should have an attorney regardless of what you choose to do. And I agree, we routinely do... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: Can the association file a lien on my condo after the amount due has been paid? I paid the amount do 10 days before.
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jun 17, 2018

Liens can be removed by them filing one piece of paper in a day. And just because the lien was RECORDED days after you paid doesn't mean it wasnt sent to the county recorder days prior; the county moves at their own pace to process docs (both recorder and Clerk of Court). The date the public... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: My lease states that I am responsible for pest control, does that include a carpenter ants infestation inside the walls?

There is a massive carpenter ants infestation inside the walls of the house, cannot even prepare food, very unliveable condition, landlord won't pay for pest control says lease agreement states I am responsible. Is this legal? I understand if this were just a bug issue but this is a colony... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jun 17, 2018

Of course it's legal you signed a lease with that clause in it and will need to pay for it. ANY pest issue is your cost.

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1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: I am from FL. Just found out owner of our property was in foreclosure when we signed lease. Didnt he have 2 disclose?

Second question is now he wants to evict us from the property. And our lease is still active. Doesn't that violate or Covenant of quiet enjoyment?

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jun 15, 2018

There is no law a landlord must disclose an active foreclosure as landlord is still the owner, and landlord may settle the case, get it dismissed, or modify your loan well before your lease is up. Thus no disclosure is required. Landlord cannot evict you during an active lease but if you mean the... View More

1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: I am from FL. Just found out owner of our property was in foreclosure when we signed lease. Didnt he have 2 disclose?

Second question is now he wants to evict us from the property. And our lease is still active. Doesn't that violate or Covenant of quiet enjoyment?

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jun 15, 2018

There is no law a landlord must disclose an active foreclosure as landlord is still the owner, and landlord may settle the case, get it dismissed, or modify your loan well before your lease is up. Thus no disclosure is required. Landlord cannot evict you during an active lease but if you mean the... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: How long does the real estate agent have to provide a buyer a contract cancellation document

We are in Fl and were buying a home in TN until the owners backed out, how long does the realator have to provide us with a contract cancellation?

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jun 13, 2018

You would need to ask a TN lawyer as if the house is there then TN law applies and not Florida

1 Answer | Asked in Consumer Law and Real Estate Law for Florida on
Q: My sister bought a house and has her boyfriend on the deed. She fronted all minues and it’s on the note/ mort by herself

She lived 2 years on the house with her children, bouyftiend moved in and after 2 years she decided to buy the house. The money down was only hers and the mortgage and note are under her name. But the deed is actually on both names. They are braking up now, is he entitled to any monies?? There’s... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jun 11, 2018

She should hire a lawyer. It was a foolish move to put him on title as people on title have a right to equity in prop\perty; regardless who signed the note and mortgage. The equity is the portion beyond that. He may be entitled to half depending on who paid what maintenance and improvements on... View More

3 Answers | Asked in Real Estate Law for Florida on
Q: Borrower late 2 installments,$1,000.00, vacant lot in Florida, balance $4,300 . Sue small claims, accelerate, foreclose?

3 installments made $1.500.00. May 1 and June 1 installments are due, May over 30 days late. A vacant lot in Florida. 1 returned check but remedied. Promises to send check so far no action. I would like to accelerate the loan, call it all due and payable as the clause in the note states or a small... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on Jun 7, 2018

I agree a money judgment will likely be useless if borrower is bouncing checks as he/she is likely uncollectible. Foreclosure will at least get the land back so you can resell it and make the money back you lost at the least. You will need to hire an attorney.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I have been granted a Chapter 13 and would like to sell my property. However there is an unsecured claim of $16,587.69

by the condo assn. for a special assessment of which I have paid $5,459.31 to date. In addition, there is lien for $15,000by the assn. which I assume is for the same debt. I am confused as to how much I will need to pay at closing.

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on May 30, 2018

A condo assessment is never unsecured. It is always secured by the property, meaning it must be paid off in full at closing. You can request the present balance from the association as owner, you have that right to know what you owe. You should hire a realtor and lawyer, or one that does both... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: My house sold back to lender at auction, the clerk of courts told me I have until June 4th to file for redemption.

Do I need the money for redemption by then or is filling asking for permission and more redemption time?

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on May 26, 2018

If your house sold and certificate of sale issued then you have no redemption rights. Right of redemption ends when the certificate of sale issues (usually same day as or day after the auction) per the below statute; it is very likely too late now.

45.0315 Right of redemption.—At any...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I want to break my lease. I have tried to be reasonable, 60 day notice to move out 7/31/18.

Can landlord let unit sit empty without trying to re-rent after I leave? My landlord is not negotiating. I am willing to pay a termination fee. I signed a form in my lease that says I do not agree to liquidated damages or early termination fee and my landlord may seek damages. This after... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on May 26, 2018

You aren't entitled to a termination fee if you signed a waiver of liquidated damages though, only to pay the full rent still owed if you breach. Landlord does not have to rerent the property at all to reduce what you owe per statute 83.595. It is one option there, IF landlord retakes... View More

2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: I win a final judgement for $3000. How much would it cost to put a lis pendens on a property of the losing party.
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on May 23, 2018

All you need to do is record the judgment against the property; as long as your judgment conforms to the requirements and has the property address for Defendant in the judgment. It costs a few dollars to record the judgment. But if it is the homestead of Defendant the lien doesn't attach... View More

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1 Answer | Asked in Real Estate Law, Animal / Dog Law, Civil Rights and Legal Malpractice for Florida on
Q: Does Notice of Hearing need to state purpose of the hearing?

We are being harassed in civil lawsuit (ongoing for year now-Injunction prohibits us from harassing Petitioner, but allows Petitioner to relentlessly harass us-is there no end to this? Former rear neighbors' Pitbull broke into our pool cage former neighbors take us to court and their friend,... View More

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on May 22, 2018

Generally, a notice of hearing is supposed to state what is being heard, just the title of the motion; unless the court set it and it is a case management/status conference with no specific item being heard.

You need to reach out to the county for each hearing you need assistance at per...
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2 Answers | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Q: IF AFTER TAX DEED SALE HOW DOES ONE OBTAIN IMMEDIATE POSSESSION AFTER 5 DAY NOTICE IN ACCORDANCE TO 197.562?

IS UNLAWFUL DETAINER REQUIRED? OR IS THERE A WAY TO SIDE STEP THAT AND SHOW PROOF OF 5 DAYS NOTICE AND SUBMIT WRIT OF POSSESSION TO COUNTY CLERK?

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on May 22, 2018

Writ of possession. You may want/need a lawyer to do this, but it should not be expensive at all.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am an agent and have a listing that is expired but now have a buyer for the home who wants to put in an offer.

How can I protect myself so I still get paid? They have not obtained another listing agent at this time and the home is still for sale. I did not communicate with the buyer during the listing period but only after the listing expired.

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on May 12, 2018

Depends on what your listing agreement said about protection periods. While you can sign an agreement with buyer and communicate buyer's offer, sellers have no duty to do anything with it. Just like any other sale.

But if expired most protection periods only require the seller to...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I have a real-estate question.

I have a real-estate question. I out money down to buy a home in Florida the well test cam back with e coli. What can I do legally at this point?

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on May 12, 2018

Hire a lawyer to review your contract, no one can say on here without the docs

2 Answers | Asked in Real Estate Law for Florida on
Q: I have a real-estate question.

I have a real-estate question. I out money down to buy a home in Florida the well test cam back with e coli. What can I do legally at this point?

Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on May 12, 2018

You need to hire a lawyer to review your contract, no one can say from one sentence without reviewing the docs

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2 Answers | Asked in Real Estate Law for Florida on
Q: The owner of a property is in default of mortgage payments: can she deed the property to a third person and what are the
Jonathan A. Klurfeld
Jonathan A. Klurfeld
answered on May 9, 2018

In theory yes, but third party is buying subject to the mortgage; meaning if 3rd party wants to keep the house he/she would need to pay off the mortgage. Third party and owner should hire a lawyer.

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