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Questions Answered by Steve Louis-Charles
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord give a tenant a 15 day notice if you paid the landlord 250 already in Florida?
Steve Louis-Charles
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answered on Mar 21, 2018

Where there is a month-to-month lease a landlord may terminate the month-to-month lease by giving a 15-day written notice. Therefore, even if some payment was made the landlord may end your lease. Hope this helps.

3 Answers | Asked in Car Accidents for Florida on
Q: I was in a car acc. In Jan. The other ins has accepted liability I sent a demand letter and have not heard from them

I will require back surgery in the future and need to settle before then because the amount I have to pay before I can have surgery what do I do to make them take me serious I asked for a reply in 14 days and still have not heard anything and I sent a follow up email on Monday, I don't want to... View More

Steve Louis-Charles
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answered on Mar 21, 2018

There are many attorney's out there who will take your type of case on a contingency fee basis. Meaning they will not be paid unless you are paid. Because you are self representing, it is highly unlikely that the insurance company will settle with you for an amount that will be enough for your... View More

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4 Answers | Asked in Car Accidents for Florida on
Q: I was in a car accident in 1/8/2018 the other driver was ticketed her ins. Co. Ac. Has accepted liability I live fl,

I sent a demand letter and asked fir a reply in 14 days due to accident I will require back surgery, but I have to settle before then for the money i have to pay dr.i can't hire an attorney due to the limits on the other ins.what can I do to have them take me serious in my demand and reply to me

Steve Louis-Charles
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answered on Mar 21, 2018

Stop what you are doing! You need help from an attorney to handle this type of matter. Going it alone is not a good idea at all. You will surely be taken advantage of by the insurance company of the negligent party.

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Our lease contract states that a payment of advance rent would be used for either the last payment of lease agreement

Or renewal of lease. Which owner is failing to honor what the lease stated.

Steve Louis-Charles
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answered on Mar 20, 2018

Presuming that you have paid advance rent you would have a credit with your landlord and any amount not applied towards the last payment or renewal as stated in the lease will amount to breach and be actionable in small claims court.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord in Florida shut off your electric for any reason?

I live in an RV resort in a Park Model and the electric box is just outside the house in an electric box with a main switch. I sub-lease the Park Model and my landlord isn't paying the bill after I give him the money for the RV Park turned off the electric and put two locks on the box. This is... View More

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answered on Mar 20, 2018

In Florida the term "Self Help" is prohibited. It refers to extra-judicial steps a landlord may take in an effort at chasing off unwanted tenants. If your landlord deliberately stopped paying the bill in order to chase you off from the leased premises this may be considered "self... View More

2 Answers | Asked in Consumer Law and Landlord - Tenant for Florida on
Q: If a tenant disputes the landlord's claim within 15 days, how long does the landlord have to respond back/send balance?

Our former landlord sent notice of their intent to keep our security deposit within 30 days. I wrote a letter back within the 15 day window, disputing the claim, and asked for my deposit back within 30 days of my letter being sent. The landlord has failed to return my deposit and tried to claim... View More

Steve Louis-Charles
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answered on Mar 16, 2018

When mailing time sensitive legal correspondence it is always better practice to mail it certified mail return receipt. While standard mail tracking information does provide some evidence of compliance with the law, courts tend to be more persuaded by delivery via certified mail. Moreover your only... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord evict my husband if his name is not on the lease

My landlord is the father of my kids we have a child support agreement free rent on one of his properties for child support, he refused tu put my husband name on the lease now he's asking that my husband need to move out. My husband and I got married way before this agreement.

I

Steve Louis-Charles
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answered on Mar 16, 2018

The answer to this will depend on any existing terms in the written lease and/or child support agreement e.g. limiting the number of occupants in the leased premises. If the written lease agreement/child support agreement is silent on the matter you may have a great defense to allow your husband to... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I had financial hardship due to hurricane and I've paid late with late fee lately. Can I get deny for a new lease?

I tried to pay on time but was too difficult because I get paid every two weeks. Also the lease is joined with my brother and he lost his job.

Steve Louis-Charles
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answered on Mar 13, 2018

Absent a provision in the valid and current lease agreement, the decision on whether to renew a tenant's lease is entirely left up to the discretion of the landlord. They are under no legal requirement to renew a tenant's lease. I would recommend, if it is not already too late that you... View More

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Son has documented diminished mental capacity. Our apt mgr not allow us to sign a new lease unless he signs. HEL

Is thete a Florida Statue that we can show them to prove that a mentall incompetent person can not sign a contract?

Steve Louis-Charles
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answered on Mar 13, 2018

That is correct. Mentally incompetent persons cannot sign contracts and a court order declaring your son mentally incompetent and/or appointing you as guardian should suffice. In either case, even if your son were to sign the lease/contract it would be legally unenforceable against him by the... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord text me about not returning deposit

She forgot I paid the last month gave me a hard time for awhile before she realized it. I spent a few weeks cleaning, before mibe out. I asked her about my deposit, she text me said she should bill me on top of my deposit but she would called it even. Never got anything from her but the text.... View More

Steve Louis-Charles
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answered on Mar 12, 2018

By law landlords have 30 days to deliver rent deposits to renters after they move out or provide written notice to a renter's last known address of any reasons why the landlord will withhold any amount to said deposit. Failing to provide this written notice within the specified 30 days... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I cosigned to pay lease for grandson. He got a non-curable 7 day notice to leave. What will happen if he doesn't leave?
Steve Louis-Charles
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answered on Mar 10, 2018

What will happen if your grandson does not leave is that an eviction filing will ensue against all persons named on the lease and any others in possession. Therefore, a final judgment of eviction and/or count for damages will be entered against yourself and any one else on the lease as if you all... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Apartment building without valid Use and Occupancy License

My fiance and I signed a one year lease starting on 9/1/17. On the first day of our lease we went to the city utilities department to place the electric into our name and was denied due to the landlord not having a valid Business Tax Receipt and a Use & Occupancy Certificate. We notified our... View More

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answered on Mar 8, 2018

Generally when one enter into a valid contract, e.g. a residential lease agreement any resulting illegality on the part of at least one party to the contract that materially impairs the performance the contract such as here an inability to obtain utility services into one's own apartment... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What can I do about my neighbors hanging outside in their boxers while my kids are playing outside?

I have mentioned it to my landlord and they dont care, wont say anything to him

Steve Louis-Charles
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answered on Mar 7, 2018

Unfortunately that is a situation not involving the leased property per se so legally there is no legal responsibility of your landlord to correct. What you may be able to do is alert your local authorities, i.e. city council, commissioners and/or police. Perhaps there is a local ordinance, public... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I be reimbursed for repairs I paid for when by boyfriend sells his home?

My boyfriend and I live together and he owns his home. He is the only one on the deed/mortgage. If I help pay for repairs on the house (ie central air) can I be reimbursed when he sells it, from the profits? If so, what forms need to be filled out to protect me.

Steve Louis-Charles
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answered on Mar 7, 2018

You will not be reimbursed for repairs costs you incurred. Generally only mechanic's/worker's liens or fixtures filings are what has to be repaid upon the sale of property. In the eyes of the law you simply made a gratuitous expenditure without the expectation of being repaid. Thus... View More

1 Answer | Asked in Foreclosure for Florida on
Q: Please tell me approx how long can i stay in home after a nod notice. Son does not want to contest. I need to find a

I understand that it is wise to contact a lawyer but the woman that owns the home has died and her son just wants to give it up. He is letting me stay til I find a place. Just found out that the mortgage has not been paid for months. Want to know how long from NOD till I have to leave

Steve Louis-Charles
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answered on Mar 6, 2018

You may remain in the home up and until your local county sheriff's office executes or post a writ of possession issued from the clerk's office on the front door of the property. This notice will provide you with 24 hours time until which to pack up all your personal belongings and leave... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: MY landlord is divorcing her husband can they tell us to move after collecting the rent? they said this is 60 day notice
Steve Louis-Charles
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answered on Mar 6, 2018

Presuming that you have a valid written lease agreement that has not yet expired, your landlord(s) irrespective of their marital situation are bound to honor the terms of the written lease up and until it expires. Unless there is a specific term within the written lease that allows them to... View More

1 Answer | Asked in Foreclosure for Florida on
Q: Does a NOD on a home have to be sent by certified mail and how long approx do you have to stay in your home if uncontest

Do you have an idea on how long I can stay in home. I am the caregiver and my client passed. Her son is letting me stay here till I find a place. Had a place but it fell through. Her son does not want to contest the foreclosure so I need to get a timeframe as to how long I can stay here

Steve Louis-Charles
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answered on Mar 6, 2018

The N.O.D. or notice of default does not have to be sent via certified mail, though it would be good practice. I suspect the reason banks do not send it via certified mail is due to keeping its costs down. Furthermore, up and until a writ of possession is issued and executed by the sheriff of your... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Is it legal to have a minimum charge against my security deposit?

Lease states security deposit is $550. Under move-out paragraph it states: "At the time of move out, there will be a minimum charge of $300.00 billed against your security deposit, regardless of the condition of the apartment."

Steve Louis-Charles
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answered on Mar 6, 2018

Absolutely NOT. In Florida, landlords may be able to make deductions from the security deposit to cover unpaid rent, damage to the apartment in excess of normal wear and tear and other violations of the lease agreement.

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