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Questions Answered by Jennifer Hanson Copus
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 to get out.... 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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1 Answer | Asked in Landlord - Tenant for Florida on
Q: What are my rights on this situation

My boyfriend asked me to move in and his mom agreed to it.i am not on the lease but my boyfriend and hid mom are. I move down and have been here for 3 weeks, I pay for stuff in the house, I have mail that comes here, bow she's saying I have 7 days to move out. What rights do I have here? Does she... Read more »

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

Unfortunately, if you are not on the lease, then you do not have any rights under the law to remain in the property. Moreover, you are not entitled to any formal notice to vacate. Either the landlord, or the individuals on the lease, or both, may file an ejectment suit against you to remove you... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: How can i get a name off my home

I put my boyfriends name on my home I own free and clear by quick claim deed. He was to invest his time and money to help me make much needed repairs. Not only have I caught him cheating ,he has not done any work to the home. What can i do?

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Apr 11, 2019

If he has been added to the title, then he legally owns an undivided 50% interest in the home. You may informally work out how to get him off the title, such as you purchasing his interest or he purchasing yours. If this is not successful, you have the right to file suit against him for... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Drunken neighbors punching my door at night. Help appreciated.

Thank you for reading my question. The downstairs neighbors regularly come to my condo door drunk. They think it's okay to punch and kick the door at times when I am in the shower at night. A few months ago, they called in a false problem and maintenance burst through my door to find there was no... Read more »

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Apr 11, 2019

You certainly have a right to the peaceful enjoyment of your leased property. You should inform your landlord of the situation and request assistance to resolve the issue. You should also inform law enforcement in any instance where your neighbors are being loud, aggressive or destructive.

1 Answer | Asked in Real Estate Law for Florida on
Q: My home is in my BF’s name. I contributed to the down payment I also pay half of the mortgage. Do I have any rights ?

It’s one year this month we moved in. I even signed a paper stating I split the mortgage with him. I just want to know if I can be entitled to something not 50/50 .

Jennifer Hanson Copus
Jennifer Hanson Copus answered on Apr 11, 2019

You may be entitled to reimbursement for your financial contributions and any improvements you made to the home. Keep detailed records of all payments and contributions in the event you are required to take legal action for reimbursement.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: What does it mean when the plaintiff in a non payment of rent eviction case files a motion to the court registry to rele

Release fees or funds that are paid into

the registry by the defendent prior to the scheduled hearing date and what if anything should the defendent do about it

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

If the tenant has paid outstanding rent into the registry of the court, then the landlord has the right to request that those funds be released to him/her. The court may not release the funds until the case is resolved, but the funds cannot be released absent a court order. There is no... Read more »

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