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We have been tenants in a house for 7 years. The last few years, we have been given and signed lease renewal offer letters. The owner is now trying to sell the house (its not on the market) to people who want to live in the house - we have 11 months left on our new lease - is the lease renewal... View More 
answered on Sep 21, 2023
A lawyer would need to read the lease and the renewal offer to make that determination.
The developer of my condohotel building retained control over all amenities. We pay a percent to use them and a percent of desk employee salaries. He shut down the pool, gym, parking garage and fired employees saying we owe him a million as well as wants the percent increased. This has gone on over... View More
answered on Sep 21, 2023
You need to hire a community association lawyer to review your Declaration of Condominium, Articles of Incorporation and Bylaws.After a review of these documents a lawyer will be able to tell you if you have a case. You should also submit a certified letter, return receipt requesting to inspect... View More
Can the tenant sue me as I’m the owner or is it between them and the entity they are renting from?
answered on Sep 19, 2023
If something happens a lawyer would sue every possible person or company liable, especially you as the owner.
I checked property before auction and it showed another foreclosure (actually 1-st one) was attempted but case was dismissed. After I purchased house I started receive note on estate of deceased owner. I called case’s attorney but he didn’t want talk to me since I am not in case, saying they... View More
answered on Sep 15, 2023
No, you can sue the auction. It is the bidder's responsibility to perform a diligent search to uncover all liens, so of which might not be so obvious. The notice from the clerk stating "no objections" had nothing to do with the lien. The clerk issues a certificate of sale and that... View More
I live in Palm Harbor FL at a ZRS Managed Property. From day one they were aggressively adamant that I had to use WOWAY Internet Provider since that's who they worked with. I found that a little odd since in my decades of living in Apartment Complexes from New York to New Orleans I had never... View More
answered on Sep 13, 2023
Welcome to Florida -- yes, it's different. Generally, the way I interpret this is the service providers cannot demand it is exclusive but that would not stop an owner from requiring a tenant to use an exclusive provider. Tenants have the option of entering into a lease with all kinds of... View More
I live in a 356-unit condo in Florida. In August 2022, the president of the board entered into a retainer agreement with a law firm to represent the Association in a couple of lawsuits. There was not a duly association’s meeting where this agreement was ever discussed, let alone, approved by a... View More
answered on Aug 29, 2023
Often, when there is potential or pending litigation, the board of directors will meet with the attorney in a closed legal meeting subject to attorney/client privilege and the retainer agreement results from that consultation. It is also possible the other board members authorized the president to... View More
The management company of my condominium accuses me (my unit) of causing damage to the unit below and flooding the entire exterior hallway due to a leak that allegedly originated in my bathroom.
My unit wasn't flooded or in any way damaged. They inferred that my tenant ought to have... View More
answered on Aug 29, 2023
If the leak was caused by a pipe serving just your unit, even if it did not damage your unit, you are liable. If the leak is caused by your A/C, water heater, dishwasher, drains, toilets, etc., you are liable for the damage. This is why it is important to have insurance -- that and in case of a... View More
The day I was given to defend myself they wouldn’t let me speak and unilaterally decided to postpone hearing me until their following meeting in 15 days
My mother recently passed, I had I believe 50% tenant in common ownership our home for about 6 years & resided as my primary residence there for 40, the property was solely hers for 30 some years with Homestead exemption before I was added to added . Upon her passing I inherited the remainder... View More
answered on Aug 22, 2023
This is a question for the real estate attorney you have representing you in the transaction. Anyone buying or selling real estate needs to have one because so many things could go wrong, including title issues, tax issues, undiscovered liens, boundary issues, etc., etc.. While I am sure you are... View More
My friend inherited property in the will she was listed as lifetime beneficiary and that if she moves voluntarily or dies the property is then passed down to her brother. My friend has major health issues and needs to live in an assisted home. The brother destroyed 2 houses on the property that he... View More
answered on Aug 21, 2023
Sorry, but you can't get legal advice for your friend. That would be practicing law without a license, which is a criminal offense. Your friend needs to consult with a probate lawyer who can review the will and any deeds to the property. Many lawyers work remotely and the days of having to... View More
answered on Aug 6, 2023
Yes, the HOA has the right to determine the level of the credit score they feel is acceptable.
I am transferring half of my house to my daughter since I moved out to get assisted living. On the special warranty deed she sent me to sign, there is this sentence: "This is not "homestead" real property of Grantor, and Grantor confirms this is a conveyance which is not pursuant to... View More
answered on Aug 4, 2023
It means you no longer have homestead exemption on the property since you do not live there and there is a $250,000 mortgage on the property.
My HOA is fining me for taping a ‘No Trespassing’ sign to the exterior wall next to my garage door. The sign was obtained from the Sheriff’s office in conjunction with a private property trespass enforcement authorization that was filed in response to continued harassment that I have endured... View More
answered on Jul 28, 2023
Most HOA documents have restrictions against signs except for "for sale" or "for rent" signs. Check your Declaration of Covenants, Conditions and Restrictions to see if they have such a provision. You probably are required to submit an application before making any changes to... View More
He didn’t injure him or anything
answered on Jul 25, 2023
If the dog is deemed a nuisance, the HOA can demand removal of the dog. You might want to see if you can negotiate with the HOA for the dog to stay if the dog undergoes additional training. Even a muzzled dog can hurt someone based on the size of the dog and the person if the person gets knocked... View More
34.17.1 You agree and acknowledge that this Property has been designated as a smoke-free living environment. You, Your Occupants, guests or invites shall not smoke or permit others to smoke anywhere in or on the Property. You shall inform Your Occupants, guests and invitees of the no... View More
answered on Jul 24, 2023
It would be my guess the police cannot arrest anyone unless they witness them smoking the pot themselves and have access to the outside area to make the arrest. Police do not usually use recordings from third parties as the sole basis of an arrest.
The apartment complex is likely not doing... View More
So far all the banks I've asked denied financing. I've asked USBank, Bank of America, Regions, Wells F, etc for a loan to help in finding a job, move to a different state, or for personal things and they have all denied. It's a bit surprising because I thought that was the point of a... View More
answered on Jul 19, 2023
No, a lawyer cannot sue private institutions to force them to establish you credit. As long as the lenders are not denying you based on a protected class such as race, religion, national origin, sex, or one of the other few protected classes, they are not breaking any laws. Not having a job or a... View More
Current contract= roof will be by ins choice comp & defer ded.7k To ME for *all other damages currently documented to be 4k and under the ded.value=7k. there are huge other costs/damages currently not in adj. Report.
I dont want to sign *ALL DAMAGES beyond roof. I will sign IF its... View More
answered on Jul 18, 2023
This is why no one should buy or sell real estate without a lawyer. We cannot provide you with advice as to this transaction because this is a general Q&A forum and a lawyer needs to read all of the documents before advising if you can or should sign them or submit a counter offer.
Details of expenses, income, taxes, fees, repairs, utilities, etc.
answered on Jul 17, 2023
All of those are official records, so, yes, they must allow you to inspect those records if they were included in your request. Generally, an association does not have to generate any reports they do not use in the normal course of business but they do have to keep the receipts and invoices for... View More
I am the seller. The buyer is asking me to assign the case to them. I said no... So what is next? Cancel the contract?
answered on Jul 8, 2023
No one should buy, sell or rent real estate without a lawyer representing them. Whether or not you or the buyer can cancel the contract depends on the terms of the contract, which we cannot review in this online forum. Have your lawyer review the contract and advise you or, if you don't have... View More
A week ago, my mortgage company sent my case to an attorney to start foreclosure proceedings.
There is no sale date as of yet.
I'm trying to sell my house before anything happens.
My questions are:
- About how long will it take for the attorney to set a sale... View More
answered on Jul 7, 2023
I absolutely agree you should hire an experienced foreclosure defense attorney who can also facilitate the sale and you have been provided an excellent answer by Mr. Clifton. No one should buy, sell or rent real estate without a lawyer and it can be especially challenging with a foreclosure... View More
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