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Questions Answered by Jennifer Hanson Copus
3 Answers | Asked in Real Estate Law for Florida on
Q: my boyfriend and I have 2 houses one on each name. how do we do a quit claim deed to the other person in case of death

We would like to put the home on both names but also make sure the home belongs to the other person in case of death to make sure nobody else can get the home

Jennifer Hanson Copus
Jennifer Hanson Copus answered on May 27, 2020

I recommend titling both properties in your name and your boyfriend's name as "joint tenants with rights of survivorship". You and he will need to execute new deeds for each property to effectuate this transfer.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: The (Florida) Final Judgement of Eviction has been issued. The tenant is in jail and heading to prison.

His sister has retrieved his stuff. Does the Writ of Possession still need to be served?

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Mar 19, 2020

While it is not strictly necessary, it would be prudent to have the Writ served by law enforcement to officially transfer possession from the tenant back to you. Then change the locks to ensure that neither the former tenant, nor his sister can return to the property.

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1 Answer | Asked in Real Estate Law, Civil Litigation and Landlord - Tenant for Florida on
Q: What’s the difference between a seven day notice and an Eviction notice
Jennifer Hanson Copus
Jennifer Hanson Copus answered on Feb 26, 2020

There are two types of seven day notices. One is with the right to cure the lease violation and one is without the right to cure the lease violation. If you have received a seven day notice WITH right to cure, this is generally due to a technical violation of the terms of the lease, other than... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: Buyer backed out of contract. Home inspection fine. Said she just didn't want it now. Can we keep escrow $?

Buyer did a home inspection (had 10 days) through a non licensed "friend". No report to look at and realtor said house was fine. On the 9th day she backed out. She told the realtor she didn't know about HOA fees. Was in listing and realtor knew. Just got cold feet. We spent $ on... Read more »

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Dec 6, 2019

It depends upon the controlling language in the contract for sale, but ordinarily in this situation you should be able to keep some or all of the EMD. You will want to consult with the title company holding the EMD for the process to make a claim.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: FL Eviction Law for Girlfriend And Son With No Written Lease?

How do I evict my longtime girlfriend and her 19 year old son without a lease but a spotty record of $300/month payments

to live here since 2012? She stopped paying 9 months ago though and I don't see the procedure to evict without a written lease?

If I show a payment history... Read more »

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Jul 17, 2019

If this was an oral lease agreement, then you may serve her with a notice for nonpayment of rent (3-day notice). Or you can send her a notice of termination and give her 15 days to vacate (assuming that she was paying rent on a monthly basis). If there was no oral lease agreement, then you will... Read more »

3 Answers | Asked in Real Estate Law for Florida on
Q: Life Estate quit claim deed question

A relative recently passed away and I inherited property through a Life Estate quit claim deed and I am listed as one of the rems, what's next? Is it all automatic or do I have to bring certain documents to certain people? orange county Florida.

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Jun 12, 2019

All you need to do to effectuate the transfer is record a short-form death certificate of the life tenant. You can contact the clerk of court for Orange County to get specifics on the costs of recording.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Does a spouse need to sign on the mortgage and deed if they are legally separated.
Jennifer Hanson Copus
Jennifer Hanson Copus answered on May 28, 2019

Yes for the mortgage. Whether to include the spouse on the deed is up to the spouse making the purchase, but whether listed on the deed or not, he/she will have a marital interest in the property.

1 Answer | Asked in Real Estate Law for Florida on
Q: Florida a tenant moved into my unit No Money has exchanged hands only 2 days in unit can I change locks or call police

in the lease it says no smoking and he is smoking

Jennifer Hanson Copus
Jennifer Hanson Copus answered on May 28, 2019

No. You will need to notice the tenant to vacate the premises and if he/she does not, then you will need to file an eviction proceeding to remove him/her.

1 Answer | Asked in Real Estate Law for Florida on
Q: A lien on a house, husband and wife own together, get a divorce. Does lien have to be paid off.

If one of them wants to buy the house from the other, do they have to pay off the lien or can it just be transferred over.

Jennifer Hanson Copus
Jennifer Hanson Copus answered on May 10, 2019

If the purchase is a cash transaction, then it would not be necessary to satisfy the lien as part of the transaction. If the purchase is financed through a bank, then the bank and the underwriter for the title policy will require that all liens be satisfied as part of the transaction.

2 Answers | Asked in Real Estate Law for Florida on
Q: What are my rights as a co-owner to a property where my ex lives?

I am on the mortgage and deed for a house that my ex lives in. The divorce agreement states he will buy me out after 6 years. Recently they put up gates in the community and I went to the office and got a sticker so I wouldn't have to make the line through the visitor's entrance since I... Read more »

Jennifer Hanson Copus
Jennifer Hanson Copus answered on May 6, 2019

Issuance of a sticker is up to the HOA and should be issued pursuant to their own rules and regulations. Your ex has no right to object to you getting a sticker since you are on the deed and mortgage.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: If a person has been living here less than 30 days, can I ask her to leave ASAP.

Even though their was a verbal Agreement sent via text, giving 6months. but due to statements made I don't feel safe at all.

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Apr 23, 2019

Yes.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: How can I get an unwanted guest out of my home? No longer feel safe based on comment made.

This person has stated how she use to stand over her ex with a kitchen knife, so to avoid issues with the police, I feel it's best for this person to leave. Their is a verbal contract sent through text, giving this person 6months,

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Apr 23, 2019

Simply tell this person to leave. It may be helpful to give them notice in writing to vacate the premises within a certain amount of time. If this person does not honor the notice, you may contact law enforcement or you may file what is called an ejectment suit to remove the person from your home.

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2 Answers | Asked in Real Estate Law for Florida on
Q: I co own a house, I and my friend are both on the deed. I want to sell, my friend does not, what can I do to get a sale
Jennifer Hanson Copus
Jennifer Hanson Copus answered on Apr 22, 2019

If you and your friend are unable to come to an agreement on whether to sell or not, you have the option of filing a partition lawsuit. Since a house cannot be divided into two separate but equal properties, the court will ultimately order that the property be auctioned off publicly to the highest... Read more »

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: can i be charged rent late fees for 2 months ago without notice from landlord who accepted 2 months' of payments after

paid rent late in january. not given notice of late fee. paid next 2 months no problems and moved out at end of march and during this whole time was never sent notice of late fees. when moving out, now landlord is requesting $657 in lates (60% of the rental cost). is this legal?

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Apr 18, 2019

Whether this is permissible is governed by the terms and conditions of your lease agreement. You will need to review the section regarding late fees to determine whether the landlord is required to give you notice of this charge in advance of assessing it to you.

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3 Answers | Asked in Landlord - Tenant for Florida on
Q: 24 hr eviction. I was allowed back on property and living in shed after sheriff left. File for eviction again?

It's complicated. Landlord allowed me and my animals to go back and live on the property. I'm in the shed. Been living on the property for almost two months. I don't want to be but my car was stolen, my ex boyfriend was verbally, mentally and financially abusing me. I need more time... Read more »

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Apr 15, 2019

If you do not have a lease agreement and you are on the property without the permission of the owner, then you must leave when the owner demands that you do so. You are trespassing otherwise. If you continue to trespass on the property, then the owner may contact law enforcement to have you... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: Can my ex husband sell our condo without me being involved?

My ex husband and I bought a condo together in Daytona Beach, Fl about a yr ago. He is dying. The mortgage is in his name and the deed is in both of our names.

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Apr 12, 2019

No. If you are listed on the deed as an owner, then you must be advised of and consent to any sale of the property.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Do landlords have to give a certain amount of notice at the end of the least of the new lease cost to decide to stay/go

Live in Florida in a single family home. Have tried to reach landlord for a month already and keep getting pushed off.

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Apr 12, 2019

This will depend on the terms of your existing lease agreement. If the lease is silent as to this issue, then your lease becomes a month to month tenancy at the end of the existing lease term and the landlord must provide you with at least 15 days notice of his/her intent to terminate the lease.

2 Answers | Asked in Real Estate Law for Florida on
Q: My fiance just passed away and we were living together do I have the right to stay in his property pls help with answer

I have 2 kids and we've lived with him this whole time and paid the bills together and I can continue to keep them going am I allowed to claim for adverse possession

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Apr 12, 2019

No. Adverse possession requires that you hold title to property "adverse to" the legal, titled owner. Living in the property with the permission and consent of the true owner does not qualify for adverse possession.

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