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Questions Answered by Steve Louis-Charles
1 Answer | Asked in Landlord - Tenant for Florida on
Q: How can a friend get her deposit back for a room that was being rented on fraudulent terms?

She was renting room in Fellsmere, Florida and gave deposit to a company that played middleman. When she showed up to the place-someone was in it and said "oh we will be sharing this bedrm (separate beds) but was not told this and she did not know this person she was supposed to co-habitate with.... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Apr 7, 2018

She will need to sue that company in small claims court on a breach of contract claim for failure to return the security deposit. She may also be able to include a count for misrepresentation in the complaint which can potentially increase her amount of damages. Hope this helps and good luck.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: We rent month to month, our landlord sold the house but has not given us a written 30day notice. What are our rights?

My husband and I have been renting a house in Florida for almost 3 years. We have a 2 year lease agreement and then a month to month clause which we are currently in the month to month phase. We verbally told our landlord back in October that we were building a house and it would be ready April or... Read more »

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

The law is that if you are on a month-to-month lease the landlord must provide the tenant with a 15-day written notice. Hope this help and good luck.

2 Answers | Asked in Foreclosure for Florida on
Q: Can you refinance to avoid a foreclosure?
Steve Louis-Charles
Steve Louis-Charles answered on Apr 5, 2018

Provided a lis pendens has not already been filed on the property in court to commence foreclosure proceedings I do not see why not. Although a history of late payments may be another obstacle to consider. Hope this helps.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can’t get a hold of landlord for final walkthrough/key handoff

My husband and I have been trying for three weeks to schedule a final walkthrough with the management company and to give over the keys for this upcoming Friday (2 days from now/the end of our lease). We have called, left voicemails, emailed and even texted, but they have not returned our... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Apr 4, 2018

Take many photos of the premises with a time stamp. Also include a video of possible with a time stamp and state on the video the current date and the circumstances upon which you are making this recording. Then mail to the management office via certified U.S. Mail return receipt the keys to the... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My tenant didn't pay their water bill. Can the city lien my property? FL statute 180.135 states the City cannot. True?
Steve Louis-Charles
Steve Louis-Charles answered on Apr 4, 2018

City water bills must usually remain in the name of the record property owner irrespective of who may be residing on the property such as with a tenant. Failure to pay will obviously result in the termination of water services and the outstanding water bill will be issued to the property owner of... Read more »

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3 Answers | Asked in Consumer Law, Foreclosure and Real Estate Law for Florida on
Q: I bought a house from auction from HOA, the house has a lien from mortgage foreclosure, Can I pay off the bank?

The forecloses mortage is against the previous owner. The deed is on my name, because i purchased the house from HOA auction.

Now, the foreclose auction is dated to may 9Th. I'm trying to pay off the amount but bank doesn't accept.,

I don't know what to do to not lose the money I... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Apr 2, 2018

Try to locate the previous owner that is named on the foreclosure and somehow persuade them into assigning you their right of redemption. Hope this helps.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Eviction - Miami Dade county

Mom going through a divorce. Husband rented house from mistress. Supposedly he didn’t pay rent so now the mistress is taking the husband to court in order to evict my mom. My mom lives in the house, he does not.

Steve Louis-Charles
Steve Louis-Charles answered on Mar 31, 2018

Not sure what your question is, however usually with evictions the named lessee and all others in possession are the subject of the eviction action and will all similarly be removed from the property provided the plaintiff prevails in court. Hope this helps.

2 Answers | Asked in Car Accidents for Florida on
Q: Can you be sued by a driver that hit you in Florida And a another car was at fault for the whole

A driver coming out of a parking lot struck my son in the passenger side of the vehicle in which he had the right away nor did he see her coming in nor was she looking She was cited for Not giving right away When she impacted my son it threw him into the middle medium that divides the freeway... Read more »

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

Yes, one can be sued for just about anything. It's all up to a good attorney and/or trier or fact to discredit any baseless cause of action.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: 60 day notice moving at end of lease, but can't move, can lease be converted to month to month, or will be problem?

Lease says must give 60 day notice if moving at end of lease. If not able to due to new place not ready or unable to find new place, what recourse does landlord company have? Can we just convert to month to month until move can be arranged or will there be any financial penalty?

Steve Louis-Charles
Steve Louis-Charles answered on Mar 29, 2018

The recourse available to a landlord when a tenant fails to leave by the end of a lease is to via written demand notify the tenant that they are now in a "tenancy at sufferance" and are deemed to be a "holdover tenant." This allows a landlord to demand double rent. Alernatively, it is entirely at a... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Paying rent in 3/4 house weekly. No lease. Property sold. New landlord kicking all out by the 1st. Do we have rights
Steve Louis-Charles
Steve Louis-Charles answered on Mar 29, 2018

In situations like yours where one does not have a written lease and is paying rent on a weekly basis, the law requires that notice to terminate be given in the same amount of time that rent is due. That being 7 days notice here.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I(tenant) need an attorney for a tenant/landlord issue as soon as possible who doesn't need money upfront.

Regarding false allegations for a Notice of Breach of Lease and eviction. Landlord is accusing me of a lease violation for an unauthorized person residing at the property when it's not true. They terminated the lease on the day it started only 13 hours and 9 minutes into the lease and will not... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Mar 27, 2018

Should the landlord decide to proceed with an eviction be sure to file a motion to determine rent and request for hearing with the court within 5 days, excluding holidays with the respective clerk of court. Within your motion include the reasons why you believe your rights as a tenant are being... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I'm curious about the occupancy limit for 2 bedroom villa? I'm worried my landlord will evict us, for having 2 ppl over.

Originally when I rented I anticipated separation between my husband and I, so I told the landlord we were. Some things played into factor, so he hasn't moved on his own yet. Now I have a sibling that just moved back home and the landlord is wondering how many ppl are living here. As he has driven... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Mar 27, 2018

If the lease specifies only a certain number of occupants to reside on the property than this term within the lease must be followed. However, often times a tenant may be able to renegotiate with a landlord where their circumstances in regard to the number of tenants on the property increases.... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: AS A LANDLORD RENTING TO A COUPLE, SHOULD BOTH PERSONS BE LISTED AS TENANTS? OR MONEY MAKER BE ONLY 1 LISTED AS TENANT?
Steve Louis-Charles
Steve Louis-Charles answered on Mar 26, 2018

It would be better practice to place all persons residing on the premises on the lease agreement. The tenant that is the "money maker" is irrelevant.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: We have a tenant over 3 months behind on rent, and we want to start eviction process.

Tenant has refused us entry to inspect premises when they are there, and have a pit bull dog tied by front door. They have not received permission for a dog, nor have they paid a pet deposit. Outside damage is evident, but cannot determine interior damage for proper filing of eviction complaint.... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Mar 26, 2018

There is no requirement in the evictions process for a plaintiff to have knowledge of the extent of damage to property prior to drafting and filing the complaint. Within your complaint you may plead one count for eviction and a second count for damages. You will move for the entry of judgment on... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord never deposited a single rent check other than the security deposit since November 2016.

Upon move in,we were told by the realtor who oversees the rental house that rent would be paid to the homeowner(who lives in Canada)via bank deposit.We've never been given the homeowners banking info,despite many attempts to get it.We have texted the realtor many times asking him to resolve the... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Mar 24, 2018

Yes, you will be held liable for all rent that was due and paid. The fact that the money has not been deposited is of no consequence. Where there is a valid lease with your signatures for the leased property there is a legally binding agreement to pay a sum of money. Hold the money aside as it... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: My ex-roommate finally vacated our old unit. Can I get my 1/2 of the deposit back? The property is under new ownership.

We parted ways on bad terms; I moved out, she stayed and found a new roommate. She never let me know when she finally did move out, and now the property is under new ownership. Do I have any chance of getting my half of the deposit back? I don't even know when she actually moved out or if a statute... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Mar 23, 2018

You must demand your half of the deposit from the landlord. If prior to moving in you were listed on the lease and as paying half of the deposit, provided that the landlord did not deduct any amount from it, it is the responsibility of the landlord to repay you your half of the deposit.

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3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: How to quickly remove a house guest who has overstayed his welcome and has been caught on camera steeling from me.

I helped a friend out by letting crash in my house while he got back on his feet. a few days has turned into 4 months and I recently caught him on my home survalance system, steeling from me. he doesn't pa rent or contribute to bills but does receive mail at the address. I want it to be a surprise... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Mar 23, 2018

Unfortunately in situations like these one generally cannot just ask 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 process and will be... Read more »

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3 Answers | Asked in Car Accidents for Florida on
Q: Can you sue another driver to have their license taken away for negligent driving?
Steve Louis-Charles
Steve Louis-Charles answered on Mar 22, 2018

No you may not. Only the state via the courts have the authority or legal standing to revoke one's driver's license.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: We are half a months rent behind and got a 3day notice, we only had half of that at the time now they want to evict us.

we have always paid our rent even with late fees, and have always spoke to the landlord of any set backs we were having. We had a verbal agreement that we could pay as we got money as long as we always communicated with him. But now when we tried paying him he told us he was not going to accept the... Read more »

Steve Louis-Charles
Steve Louis-Charles answered on Mar 22, 2018

The three (3) day notice, excluding the weekends and legal holidays gives you that amount of time to deliver the full amount of rent that you are behind or vacate the premises. Since you are only a half month behind if you pay that half amount to the landlord within the three day time period, the... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Do I have to give the landlord my FPL electricity account number if I am paying my own bill? I live in Florida. I
Steve Louis-Charles
Steve Louis-Charles answered on Mar 21, 2018

When you call into FPL's customer service number does it not prompt you to input a password or special pin before proceeding into your account? The answer is absolutely not... Your account is your own private information and does not have to be disclosed to anyone else.

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