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Questions Answered by Cheyenne Whitfield

1 Answer | Asked in Landlord - Tenant for Florida on

Q: Can landlord evict for living last month rent?

My rent is $1200, I gave landlord $800 and he accepted the money. Since my roommate left and I cannot afford the unit I am looking for a new place and living my last month's rent. However, he filed an eviction for the remaining $400 and is not allowing me to live my last month's rent. What can I do?

Cheyenne Whitfield answered on Oct 26, 2018

If he accepted partial payment he may have an issue attempting to evict you. Write your answer with this information but you are usually required to put the remaining amount of rent in the court's registry.

1 Answer | Asked in Real Estate Law for Florida on

Q: I put a 35,000 down on the house been paying the mortgage for 5 years..the house was supposed been in my and my grandda

Granddaugh name..she sold the house with out me knowing..told me my name wasn't on the deed and it should have been..I own 95.000 on the house she sold it for 126,000..down I am getting throw out and she will not give the 30,000 after the house was sold..can you help me get my money I am 72 years... Read more »

Cheyenne Whitfield answered on Oct 26, 2018

You can contact the local bar association where you live to get an attorney who can help. You need to file a stay to give you more time to get out of the property and file an action against your granddaughter for the alleged fraud and monies owed.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: LL is demanding we put our two dependent children, 18 and 20, on the lease as tenants and have them sign. Effects?

Children are not financially responsible for rent. They work and go to college. If anything happens to us, would they still be legally bound to Lease to continue it out? They would not be able to pay monthly rent. They have already been listed as occupants. Do they have to make the change to... Read more »

Cheyenne Whitfield answered on Oct 26, 2018

What does the lease say? The reason why the landlord wants them on the lease is to guarantee payment if something happens and also to evict all adults if necessary.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: My ex wife lives in one of my properties. I allowed her to live there after our divorce. shes been there a year with no

shes been there a year with no lease agreement only verbal agreement.

In our decree I retain ownership of the home she is i now the new home i purchased. do I have to do a big eviction method to evict her or is this on a month by month basis since we only had a verbal agreement.

Cheyenne Whitfield answered on Oct 26, 2018

This depends on your final divorce decree and what your agreement whether oral or written is with your ex wife. It might not even be an eviction you may have an unlawful detainer complaint. Does she pay rent? what's your agreement?you should speak to counsel regarding your situation with all the... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on

Q: Can a landlord evict you if she heres that there was an overdose at your apartment?

I have a 1 year lease and my rent is all paid except this month because I recieved a notice to vacate.

Cheyenne Whitfield answered on Oct 26, 2018

This is depended upon your lease. Some standard lease state if there is unlawful or criminal activity there they may at their discretion seek to evict the tenants. you need to seek a attorney to know your defenses in an eviction.

1 Answer | Asked in Criminal Law and Immigration Law for Florida on

Q: Arrested but not charged or convicted. Apply for US Naturalization or renew green card.

I’ve been a legal resident since 2007. My green card expires in 3 years. I’m married to a US citizen for 5 years. We have a child who’s 10 months old. I was arrested for child abuse in Dec of 2017. However the state attorney in FL didn’t file formal charges as long as I complete my civil... Read more »

Cheyenne Whitfield answered on Aug 21, 2018

You need to get advice of counsel in regards to this situation. There are a lot of issues that need to be flushed out before answering this question.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: I got Motion for Defautl Judgement ,how many day I have before get evicted?

I just got this document today by mail from Plantif called Motion for Default and default,second page say : Motion for Default judgement for removal of Tenant , shouod I have to move right away? I don't know what to expect.

Cheyenne Whitfield answered on Aug 21, 2018

You should work on moving out right away. The there needs to be a writ of possession served by the sheriff. The sheriff will give you one day 24hrs to vacate sometimes on a Friday to give you the weekend to get out. Once the sheriff shows up you need to be out of the property.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: No lease now im paying month to month can landlord still evict

Lease renewal didnt go through the other person on my lease for 4 years as a guarantee wanted to be removed my income is too small

Cheyenne Whitfield answered on Aug 21, 2018

Yes just because there is no lease doesn't mean that the landlord cannot start eviction proceeding.

1 Answer | Asked in Landlord - Tenant for Florida on

Q: How long has the landlord to return the rental deposit after the tenant has vacated/ returned key?

Tenant vacated 7/31. Landlord claims damages has not refunded nor submitted proof. What is our option? Tenant has proof via photos that no damages were in unit.

Cheyenne Whitfield answered on Aug 21, 2018

FL Statute 83.49 states they have 30 days or they must follow what in the lease agreement to give you notice in regards any damage claims. The alternative is to sue for that money in small claims court if under the 5000.00 total.

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