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Questions Answered by Steve Louis-Charles
1 Answer | Asked in Foreclosure for Florida on
Q: Will the bank give me time to fix things

-- my Mom passed and the house is supposed to go to me, but it's in foreclosure.

Steve Louis-Charles
Steve Louis-Charles answered on Jun 15, 2018

If not already, an estate for your mother must be opened up and the bank will need to serve the administrator of the estate to move things along within the courts on the foreclosure case. That should buy you enough time to strategize on how to proceed with retaining the property. I would highly... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: How do I stop my landlord from illegally evicting me. He is already putting my belongings outside. locked me out.

no eviction notice from the sherriff. just a hand written note saying that if i dont get my stuff out in three days they are giving it to the salvation army.

If you were to subpoena his phone records and see the texts he has sent he would definitely be convicted of harassment in the worst... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Jun 6, 2018

Contact law enforcement right away and they will inform your landlord of the proper method to evict and allow you to place all of your belongings back inside of the premises. Your landlord has just engaged in "self help" and may now have exposed him or herself to civil remedies and penalties. Hope... Read more »

3 Answers | Asked in Car Accidents for Florida on
Q: I was in a car accident in Boca Raton. The driver ran a red light and t-boned my vehicle.

I have a broken nose, cuts and bruises on my face, neck and shoulder and my back is hurting. I went to the hospital that day, but I'm still in so much pain. Do I need to use my health insurance? I need help paying these medical bills.

Steve Louis-Charles
Steve Louis-Charles answered on Jun 5, 2018

Your auto insurance provides you with $10K in PIP benefits in situations such as these. Simply provide the hospital with your automobile proof of insurance card in lieu of your HMO or PPO policy. You should also be examined and start treatment with a chiropractor immediately as well. I specialize... Read more »

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1 Answer | Asked in Banking and Landlord - Tenant for Florida on
Q: Can my landlord request to see my bank account balance monthly

They want me to put 80% of my check to savings and make sure I do this every check and perform random checks on my account to make sure I do so, is this allowed?

Update: I'm renting a spare room in a house, I live in the spare bedroom separated from the rest of the house, they're a family... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Jun 3, 2018

Absolutely not... Such a request by a landlord is greatly irregular and intrusive. It may not be sanctioned by law. Where do you rent and what are they, some type of cult?

2 Answers | Asked in Foreclosure for Florida on
Q: What happens to the liens on your property once everything gets resolved with the lender?
Steve Louis-Charles
Steve Louis-Charles answered on Jun 1, 2018

Need more information. What liens and what exactly is resolved with the lender?

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Is a FL landlord allowed to ask for more money for prior months? He is demanding $100 each for Jan-May totaling $500.

It is a month to month lease

Steve Louis-Charles
Steve Louis-Charles answered on May 30, 2018

The agreement that both parties came to at the very beginning of the oral lease is the final agreement. It may not be altered or arbitrarily modified unilaterally by any party. Thus your landlord may not ask for additional monies to be applied towards rent of months gone by.

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1 Answer | Asked in Car Accidents for Florida on
Q: I was at fault in a recent two-car collision but then discovered the other driver doesn't have a drivers license. Am I

off the hook?

Steve Louis-Charles
Steve Louis-Charles answered on May 30, 2018

The fact that the other driver, whom is allegedly not at fault does not have a driver's license or a valid driver's license does not negate a finding of your own negligence. However, while I do not know the specifics of the accident, it may help in your defense to show that this unlicensed driver... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can a landlord evict a month to month tenant (without a contract), without a written eviction notice?

Can a landlord evict a month to month tenant without an eviction notice?

Hi, I need legal information on how and when an eviction can take place. My lease was up in Dec 2017 but my landlord has been letting me stay on a month to month basis. We do not have a written agreement. I have not... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on May 20, 2018

No, the landlord may not change the locks and may not throw you or any others on the property out without first following the pre-eviction formalities such as posting a 5 day notice, filing a formal eviction complaint, obtaining a final judgment of eviction and the sheriff's execution of a writ of... Read more »

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Thank for your answe however. I went to court house they won’t start the eviction process because I’m not the owner.

Also I contact 3 lawyers they also inform me to speak to probate lawyer however they are not helpful because they don’t assist with eviction. They advise it’s difficult situation because I’m not the owner even though I’m the estate

Steve Louis-Charles
Steve Louis-Charles answered on May 17, 2018

You may need the permission of a probate Court to proceed. Yes, you must seek to retain a probate attorney.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: my dad passed away. Tenant signed 60day notice to leave now she said she’s not leaving. Other than court what can I do?

My father passed away he didn’t leave a will so I have to start probate. However there’s a tenant in the home I made her sign 60 day lease and she will not leave now. I can’t start eviction process because I’m not legally the owner yet I’m just the estate. However probate can take up to 6... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on May 17, 2018

You may initiate an eviction against the tenant naming the estate of your father as the plaintiff and you as the administrator of the estate. Because the tenant refuses to leave by the end of the leasehold you may demand double rent and seek damages thereon up and until she leaves the property... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord impose a new monthly, recurring fee mid-lease for a new package retrieval system?

Landlord has purchased a new device which secures delivered packages for tenants and is now charging for this service monthly. Opt-out for this service was not mentioned in the notice and we are being charged on subsequent rent.

Steve Louis-Charles
Steve Louis-Charles answered on May 16, 2018

No, they may not. Whether this is a written or oral lease, the agreement that both parties executed or accented to at the very moment of consummation of the lease is the final agreement. It may not be altered or arbitrarily modified unilaterally by any party. A new charge during the performance of... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: What can we do if our LL refuses to set a move out inspection date prior to the last day of our occupancy?

He refused to pick up the certified letter sent to concerning our intent to vacate property, security deposit, as well as requesting a move out inspection date and time.

Steve Louis-Charles
Steve Louis-Charles answered on May 14, 2018

Use the returned/refused mail as evidence should any litigation ensue after you move out. Do not open the mailed letter/package of the item marked, "refused or returned to sender." Hopefully you haven't. Good luck to you.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it the landlords responsibility to give all tentants a copy of the lease?
Steve Louis-Charles
Steve Louis-Charles answered on May 2, 2018

It sure is the landlord's responsibility. It is usually the landlord that prepares and produces for signature a written lease agreement; it would be quite unorthodox to place such a responsibility upon a tenant(s). Hope this helps.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord in Florida, ask for last month rent during the middle of the lease?
Steve Louis-Charles
Steve Louis-Charles answered on May 1, 2018

No, they may not. Whether there is a written or oral lease the agreement that both parties executed or accented to at the very moment of consummation of the lease is the final agreement. It may not be altered or arbitrarily modified unilaterally by any party. Hope this helps.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What are my rights as a tenant when the landlord tries to move stranger into out house with 5 days notice?

I currently rent a single-family home. The landlord emailed me today saying that a person that I have never met will be moving into the house in 5 days. My lease says nothing about subleasing or anything of the sort. My lease ends at the end of July but I don't want to live with a stranger. What... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Apr 20, 2018

If your lease agreement states that you are renting a single family residence and is entirely silent as to strangers subsequently moving at some later point, than such a decision of your landlord to do so afterwards is a breach of the lease agreement. Under such a circumstance the law permits a... Read more »

1 Answer | Asked in Foreclosure for Florida on
Q: I've read about something called "pre forclosure" - what does that mean?
Steve Louis-Charles
Steve Louis-Charles answered on Apr 20, 2018

Its the period of time before a bank initiates foreclosure proceedings against a homeowner in court.

3 Answers | Asked in Car Accidents for Florida on
Q: I've heard city officials have government immunity from being sued, but what if their flawed street design caused my

accident?

Steve Louis-Charles
Steve Louis-Charles answered on Apr 14, 2018

Generally, federal, state and local government entities are immune from suit under a legislative and sometimes constitutional scheme known as sovereign immunity. However, there are a handful of exceptions to the rule of sovereign immunity that may expose government entities to civil liability. You... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: In florida...my landlord never had me sign a new lease when it expired in september, am I considered month to month
Steve Louis-Charles
Steve Louis-Charles answered on Apr 11, 2018

Yes indeed. Once a lease term expires without renewal and the parties thereto continue to arrangement as normal the result is a month-to-month tenancy.

3 Answers | Asked in Consumer Law and Car Accidents for Florida on
Q: I made a car payment and it cleared my bank on 3/22/2018. Actual payment date is 3/23/2018.

On March 23, 2018 at 7:08am, the car was a total loss in an accident. I have Gap insurance so whatever the difference in loan and payoff, it is covered in full. Should the loan company refund my payment since there was no car to pay on the actual payment date?

Steve Louis-Charles
Steve Louis-Charles answered on Apr 9, 2018

Look to the written terms of your gap insurance policy. The answer should exist in its details.

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2 Answers | Asked in Civil Rights, Landlord - Tenant and Real Estate Law for Florida on
Q: Tenant in house has no tenancy agreement nor my approval to be there what can I do?

Whilst I am on holiday abroad for several months my daughter allowed approx 3 people to come live in my home without my permission and apparently they have been there several months. I am returning home and I have been told they refuse to leave. My daughter has left the house and moved to an... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Apr 9, 2018

Unfortunately in situations like these one generally cannot just ask an unwelcomed visitor to leave or change door locks on a visitor that is no longer welcome. A lawsuit must be filed in circuit court for either an ejectment or unlawful detainer. The unwelcomed party must be formally served with... Read more »

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