Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Fernando A. Prego
2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lo

I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lot and installed a new fence at the front of my property with a gate. I want to remove the fence they installed and gain access to my land.

What should I do? Should I hire... View More

Fernando A. Prego
Fernando A. Prego
answered on Nov 22, 2024

You will need a survey of the property that will show encroachment onto your vacant lot as a result of the installed fence. If there is encroachment, that subjects the neighboring owner to civil claims to quiet title, partition of real property, ejectment, trespass, injunctive relief, and other... View More

View More Answers

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord leased the unit to another person after i gave written notice of my intent to extend my lease.

This is the clause in my lease "• B. Lease: This Agreement shall continue as a lease for term. The termination date shall be on (date) February 28,. 2025 at I I :59 PM. Tenant has the option to extend this lease for an additional year by written notice 30 days prior to termination."... View More

Fernando A. Prego
Fernando A. Prego
answered on Nov 4, 2024

If a tenant exercises the option to extend the lease with the proper notice and in compliance with the terms set forth in the lease, the landlord generally does not have the right to reject the tenant’s exercise of that option.

Lease options to extend are typically binding on the landlord...
View More

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: I found out my neighbor's mobile home is partially in my property. What settlement options can I offer my neighbor?

I discovered that my neighbor's mobile home, well and driveway (all installed in 2022) is on my property from a survey. I got my property without title insurance in 2024, I am trying to sell this property. I talked to my neighbor, and they don't want to move the mobile home but are... View More

Fernando A. Prego
Fernando A. Prego
answered on Sep 26, 2024

Under Florida law, the encroachment of your neighbor's mobile home, well, and driveway on your property raises several legal concerns, particularly as it relates to your ability to sell the property. A potential buyer's survey during the due diligence period will almost certainly reveal... View More

3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My brother and his adult daughter were living in a 55 and over condo when he passed away. . Can she be evicted

The condo has no leans or mortgages, taxes are paid yearly, and condo fees paid monthly. She is his beneficiary

Fernando A. Prego
Fernando A. Prego
answered on Sep 26, 2024

May your brother rest in eternal peace. I am very sorry for your loss. The ability for your brother's adult daughter to remain in the condo likely depends on the specific terms of the condominium association's governing documents, such as the Declaration of Condominium, the Bylaws, and... View More

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: I live in a Pinellas condo. My HOA won’t let me board my windows for a hurricane. Am I allowed to?

This would be to protect my property and the windows I am liable for as the owner. Also I wouldn’t not drill into the structure just use hurricane clips.

Fernando A. Prego
Fernando A. Prego
answered on Oct 7, 2024

Hi, the response to this question entirely depends on the language of the HOA's Declaration and any governing documents relating to alterations/improvements to the home. Some HOAs do not allow certain modifications, which may include affixing plywood to the windows of the home.

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.