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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
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.
His sister has retrieved his stuff. Does the Writ of Possession still need to be served?
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.
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... View More
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... View More
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.
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... View More
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... View More
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.
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.
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.
in the lease it says no smoking and he is smoking
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.
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.
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.
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... View More
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.
Even though their was a verbal Agreement sent via text, giving 6months. but due to statements made I don't feel safe at all.
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,
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.
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... View More
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?
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.
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... View More
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... View More
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.
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.
Live in Florida in a single family home. Have tried to reach landlord for a month already and keep getting pushed off.
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.
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
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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