Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Barbara Billiot Stage
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: A family member stayed in our home as a guest for ten months. Now they're refusing to leave. What are my rights?

They have no lease and have never paid rent.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 30, 2022

You have the right to file a court action for unlawful detainer. It's similar to an eviction but for guests who won't leave.

2 Answers | Asked in Contracts for Florida on
Q: I’m under contract on a condo in Florida. The hurricane destroyed the area but not the condo. Can I get out or the deal.

Little to no damage on the unit but the building, pool and surrounding area has suffered significant loss.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 30, 2022

No one can answer that in this online forum. It requires a review of your purchase agreement. You will need to hire a real estate lawyer to review it. Honestly, you should not purchase real estate without one.

View More Answers

1 Answer | Asked in Real Estate Law and Civil Rights for Florida on
Q: Is a solar security camera considered a "renewable energy device"

I live in florida. Title XI Chapter 163 covers solar devices. It states "renewable energy devices" in the chapter and how an HOA cannot restrict their use. I have solar security cameras. They are a renewable energy device and I want to know if they are covered by this Florida law.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 21, 2022

More facts are needed. Does the HOA have a restriction against security cameras in its Declaration of Covenants, Conditions and Restrictions? If it does not then they cannot restrict your solar powered devices. I have yet to see Declarations that prohibit security cameras. The HOA may try to... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Florida on
Q: florida law. can a new owner of a motel that i have lived month to month for 3 1/2 years tell me to leave in one day?

motel has no lease and i pay month to month. i have been here for a little more than 3 and 1/2 years. the new owners knocked on the door and told me i had to vacate the premises by tomorrow. if it matters i am 70 years old and am a heart patient. please advise. thanking you in advance.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 16, 2022

Sorry but there are not enough facts to fully answer your question. Generally, motels and hotels can ask you to leave by checkout the next day. They are not residential properties. If your room is paid up past tomorrow they might honor that if there is proof the room was paid.

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: How do we get my name added back to the heir property.

MY mom passed in January 2018 my sister and I are only joint heirs to property and we have a filed Order determining Homestead. On February 14, 2019 my sister went behind my back and filed a Quitclaim deed signing my mom as 1st party and she being 2nd party. I was told to file a Petition setting... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 16, 2022

Never take legal advice from a non-lawyer or another party with interest in the property. Take the deeds to a real estate lawyer to review and provide proper advice. Quit claim deeds cause more problems then they solve. Unless your sister had been appointed the personal representative of the... Read more »

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: What should I do if my auto financial comp refuse to comply with my right of recession paperwork and stole my car

I mailed my right of recession letter in June. I called and spoke to the company after they took my car and they said the letter isn’t valid. The letter was indeed valid and now they refuse to give me my remedies, and downpayment because they took my car back.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 13, 2022

A right of rescission is generally limited to door-to-door sales and refinancing of mortgages, not cars. Dealerships are not going to let you drive their cars for three days, put mileage on the vehicle and then take it back. Unless there was a clause in your contract giving you this right, any... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: What can be done if property management has not mowed in wks??I am highly allergic to bees and hornets and there so thic

In the tall grass..that I won't access my yard ...due to being scared of getting stung!!! What's my options?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 7, 2022

I'm not sure what you mean by "property management" because this term is often used when referring to the management of an association, which is a community association manager or CAM. If you have a property management company that manages a property you lease, you can put them on... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: When it is possible that court granted motion to strike case management deadlines?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Sep 3, 2022

There are not enough facts to provide you with an answer. You can check the docket to see when the court did this and if a new case management order has been docketed. Search for your Clerk of Court website by putting the name of your county in front of "Clerk of Court." Just make sure... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: How do I get a cease and desist order or injuction to stop an unapproved condominium association project in Fl.

A roof replacement project was initiated by our HOA Board without approval from the community.

On March 14, 2022 a meeting and vote was held in accordance with Article XXI, Section 1(c) of the Laurel Oaks Association’s Declaration of Condominium states that “the approval of 75% of... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 22, 2022

These types of cases are difficult at best because they frequently involve materials that are no longer available and the building department requiring the association to bring the roof to code if it is being replaced.

To get an injunction to stop the project, you have to hire a lawyer with...
Read more »

3 Answers | Asked in Real Estate Law for Florida on
Q: can i be taken off a quit claim deed without resigning a new document

i was put on deed in 2014 and recently taken off without my knowledge

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 16, 2022

If someone filed a quitclaim deed without getting your signature, you would need to hire a real estate lawyer, preferably a real estate litigator, to resolve the issue unless the person who prepared the deed is willing to record a new one putting the property back in your name.

View More Answers

2 Answers | Asked in Civil Litigation, Estate Planning, Family Law and Real Estate Law for Florida on
Q: Is there a way to sell or gift an inherited house to my daughter then sell it.

I pay 850 for child support with 1000 extra billed to me a month by mistake. I owe 110000. It is just my daughter and I and I am going to lose this house for back property taxes. I am not trying to dodge any legit payment I owe I am only trying to help my daughter and I survive. I am on disability... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 15, 2022

I would only add transferring title, if you have title to transfer, will not resolve your problems and the property taxes will still be due and need to be paid in order to avoid the county auctioning off the property. If the $110,000 is for child support that will not go away unless you hire a... Read more »

View More Answers

1 Answer | Asked in Insurance Bad Faith, Consumer Law, Contracts and Business Law for Florida on
Q: Are insurance companies legally inhibited from paying for insurance on a rental when paying for damages in Florida?

Insurance company stated that they are not obligated nor legally allowed to pay for insurance on the rental. When someone else hits you and their insurance is reimbursing you. It seems as though they should also pay for the insurance on the rental. Is the insurance company telling me a bs story or... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 10, 2022

Check your insurance policy. The terms of the policy determine if you have coverage for a rental or not.

1 Answer | Asked in Collections, Foreclosure, Real Estate Law and Landlord - Tenant for Florida on
Q: HOA Property mgmt company has sent my account to collections without notification. How can I avoid pay of addtl fees?

Company stated they sent an email however we did not receive that. There was no written notice sent to our address nor has their attorney contacted us regarding money owed. What are my legal rights? I would like to try to pay all assessments owed without any of the collection/legal fees. What are... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 22, 2022

Florida Statute 720.3085(3)(d) now requires the HOA to mail you a Notice of Late Assessment giving you 30 days to pay before you can be turned over to any attorney or collection agency for collections. This statute went into effect July 1, 2021. If you were with the attorney before then it would... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Any help on getting a neighbor to stop hooking up his fence on my property.

I am getting a new survey and nobody will look at old survey. The fence is on my property then connects with the neighbors. And every time I unhook the fence he will hook it back up on my property. The neighbor has owned the property for three years. And I have wrote him letters and told him to... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 21, 2022

Is it your fence or did the previous owner of the neighbor's property place the fence on your property. If you own the fence and he is refusing to remove his fence from your fence then you will need to consult with a real estate lawyer to send him a letter. If that doesn't work you may... Read more »

2 Answers | Asked in Contracts and Consumer Law for Florida on
Q: Can I dispute a recurring charge for a membership that is not in my name, but I am being charged for it?

I bought a year's worth of services for someone and did not realize that I would be charged a monthly fee once the year was over. I have been trying to get the charges stopped for 10 months to no avail because I am not the "member" of the membership. The person I bought the gift for... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 20, 2022

Dispute it with your bank. That's the easiest way to stop the recurring charges.

View More Answers

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Can a Florida HOA require that a new resident attend a meeting? Can they fine you ($1000) if you choose not to attend?
Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 19, 2022

Only if it is required by the HOA documents, which we cannot review in this online forum. By law homeowners have a right to attend meetings but not a duty. Based on the wording in your post though, it appears you have received a notice a hearing regarding a violation rather than a board meeting... Read more »

2 Answers | Asked in Tax Law, Real Estate Law and Land Use & Zoning for Florida on
Q: I live in a "single family" tax district in Florida 0001 on property tax records.

my neighbor has a 2-story house. Ground floor was configured as a separate apartment for elderly parents. They died. Now neighbor rents out the ground floor for a fee ($3,000/month). Neighbor has no permit. Neighbor pays no taxes on the income. Is this legal in a single family dwelling?... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 15, 2022

This is analogous to renting out rooms. Unless your neighbor is doing short-term rentals there are no permits required. I'm not sure how you know whether or not your neighbor pays taxes on the income. If it is a short-term rental there are taxes but if it is not a short-term rental the... Read more »

View More Answers

1 Answer | Asked in Consumer Law, Contracts, Personal Injury and Health Care Law for Florida on
Q: I had a pharmacist basically accuse me infront of other customers like i wrote a fake prescription for my adhd medicine

And would not fill it for me, i had to go back to doctor and spend more money for visit and get my prescriptions moved to another location. Do i have any type od case too pursue?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 15, 2022

Believe it or not, pharmacists can refuse to fill prescriptions. If you had a written prescription you should have been able to go to another pharmacy without getting a new prescription from the doctor.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can an HOA board member continue to serve out their term after they no longer are owners?

Original articles of incorporation, created 20 years ago by the developer, allowed non-owners and non-residents to serve on the board. In early 2022, the articles were changed to require members to be owners. Do the original or revised articles apply to a board member elected before the revision... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 13, 2022

It depends on how the language was drafted, which we obviously cannot read in this online forum. If it states the candidate must be an owner, there is nothing that would require his/her resignation prior to the end of the term. If the language states the board member must be an owner during their... Read more »

4 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I am a Landlord. I filed for an eviction on tenants for just causes, which I feel I will easily prevail in court.

Long story short, I just wanted them out. So when I filed, I wasn't asking for any damages, although there is in excess of $6K damages and I have $2K deposit. They retained an attorney, which I have nothing but over whelming proof to support my petition. They are asking the courts for money... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jul 11, 2022

The fact that the tenants have a lawyer and you do not puts you a severe disadvantage and you are at risk for a judgment against you. See a landlord/tenant lawyer immediately.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.