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Questions Answered by Barry W. Kaufman
1 Answer | Asked in Criminal Law and Probate for Florida on
Q: How long can an county jail hold an inmate for a VOP for an out of county warrant within the state of Florida?

The inmate is in alachua county jail waiting to be expedited to Dixie County jail, How long can Alachua County hold the inmate before Dixie expedite?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 23, 2021

This is not a probate question. The answer is as long as it takes.

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Florida on
Q: Can I sue both landlord and neighbors for refusing to acknowledge domestic abuse taking place on his premises?

This morning was the third time my neighbors physical violence and fighting not only woke me in the middle of the morning, but they extend it to my doorstep throwing someone against it. I have complained to my landlord over a yr now...he does absolutely nothing but tell me "if youre not happy,... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 23, 2021

No, you have no cause of action against your landlord or against your neighbor. Take your landlord's advice and move when your lease is up.

2 Answers | Asked in Real Estate Law, Construction Law and Landlord - Tenant for Florida on
Q: I'm a tenant at an apt bldg. They were given a 45 day notice to do an inspection. Am i obligated to pay rent ?

the company has 45 days to higher a structural designer to certify the bldg is in habitable condition, or, pull permits and do the repairs in that timespan. Am i obligated to pay rent under these conditions, knowing the bldg is poss going to be evacuated for repairs or possibly shut down?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 20, 2021

Of course you are required to pay rent.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord wanted me to relocate stating repairs to bathroom. I work from home for 3 years, lived here for almost 6

Because I could'nt relocate they said I had 30 days to move.

Barry W. Kaufman
Barry W. Kaufman answered on Jul 14, 2021

Yes. If you pay rent on a monthly basis, the LL can terminate your lease with 15 days notice, unless your lease says otherwise. It doesn't matter if you work out of your home or how long you've lived there, or anything else. The LL doesn't have to give you a reason to terminate your lease.

2 Answers | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: I signed a tenant release form and now leasing office says I owe the month of july.

Because of harassment, Insults, emotional damage etc from my rommate I decided to leave the premises by the end of july. We both and management agreed to a form that states that I will vacate the premises no later than July 31. It also says that I relinquish my rights to the deposit by signing. My... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 14, 2021

Probably not. Your LEASE and any document you sign that modifies the lease controls, not what some clerk behind a desk tells you.

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3 Answers | Asked in Probate for Florida on
Q: My dad passed w/o a will. He owns 100 acres in Louisiana. Do I probate in FLORIDA or LA?

My father owned nothing in Florida except debt when he died. He had debts to at least a credit card, a mattress company, a car loan, and apparently a sizable sum to the IRS.

He had around $900 in his checking account.

Is it in anyway wise to hire an attorney in Florida, or should I... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 14, 2021

You should retain a probate attorney here in Florida; he will likely have to open an ancillary probate action in Louisiana if one needs to be opened. I urge you to not do this on your own.

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2 Answers | Asked in Identity Theft and Landlord - Tenant for Florida on
Q: If tenant is crime victim from neighbors guest, does the criminal have to be arrested 4 constructive eviction?

I suffered the following crimes from a neighbors' guest, who has been living in the building: stalking, car burglarized, wire transfer fraud on my Citibank check, mailbox tampered, bank statements missing. Lease violation to have a guest more than 2 weeks. Guest was just released from prison... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 13, 2021

You might be able to obtain an injunction against the criminal. His crimes have nothing to do with your landlord; constructive eviction is a cause of action between a tenant and the Landlord. You have no remedy to terminate your lease; you can leave at any time, but you will suffer negative... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If my landlord sells my unit do I have to honor lease with a new landlord, that I don't know? Can I move out by closing?

I have 3 months left on my lease. My landlord is selling unit to someone I have never met and is saying I have to stay and complete the lease with this stranger. I want to move out before he closes. How can I be forced to stay in a contract with someone I never met?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 12, 2021

Your lease transfers to the new owner at closing. You don't have a say in it. If you want to terminate the lease, you'll have to work it out with the new owner. Doing so will likely cost you way more than staying in the place until the lease terminates on its own, then moving to a new place.

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: Person dies with a will. Does executor or Florida probate decide Homestead property?

Will names personal rep. Rep was told property gets split among hiers, as if there was no will?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 12, 2021

When there is more than one beneficiary to a Will, the personal representative is required by law to be represented by an attorney. The PR needs to retain an attorney asap.

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3 Answers | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Real Estate Law for Florida on
Q: Did my landlord violate my privacy?

So, I know I'm in the wrong too, but I need to see the best way to go about this. I have outside cats and just move where the landlord doesn't want animals, but they are outside cats. For my own reasons, I didn't mention it and just need a week or so for them to get use to their new... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 2, 2021

I assume you have a working knowledge of HVAC issues to determine that he didn't need to check every vent.

You asked him to fix the a/c, and he checked the speed at which the air is coming out of the vents in each room as well as the temperature, but because you are deliberately...
Read more »

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can landlord refuse to extend month to month despite prior notice, timely update and our reliance on their acceptance?

We purchased a new construction home. Original closing was projected to line up with end of lease. Due to construction delays, our closing date has been delayed. We notified leasing company timely, including our intention to go month to month, projected move date and notice of potential additional... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 30, 2021

On a month to month, they can give you 15 days notice. They don't a reason to not extend you. It doesn't matter about how long you've there, what a great tenant you are, etc. etc. They want you out, probably because month to month leases are a pain to administer. Time to go. Get your... Read more »

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Does a writ for possession that was mailed by Plaintiff lawyer mean she won the hearing even if I responded?

I'm being sued for possession of property I live at with my deceased boyfriend for almost 5 years .Which overdosed May 5th.I responded and filed my answer now I was mailed Writ of possession and wonder how much longer do I have before I'm on the street?

Barry W. Kaufman
Barry W. Kaufman answered on Jun 27, 2021

However long it takes the sheriff in your county to get around to removing you. Time to gather your possessions that you want to take, and leave.

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3 Answers | Asked in Probate and Estate Planning for Florida on
Q: Could I access a trust as the beneficiary without permission of the guardian or releasing guardianship?

Hello, I received a trust fund as I turned 18 but, I am having issues gaining access to it. The reason is, my mother wants me to pay large guardian fee and has refused to release the funds or give me information if I do not pay it to her. The only papers that have been written up to release the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 23, 2021

Without reading the documents you mention, no lawyer can advise you. Hire your own lawyer who can give you a legal opinion after he or she has reviewed the documents.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: TROULE FOR EXCEPTING MONEY TO RENT A ROOM AND NEVER ACTUALLY LETTING THE PERSON MOVE IN,AS WELL AS DONT OWN PROPERTY?

HAD A FRIEND FIND A GOOD DEAL ONLINE FOR ROOM FOR RENT AND HE DECIDED TO MAKE A MOVE ON THIS DEAL AND ACCEPT. PEOPLE HAD HIM SEND DOWN PAYMENT BEFORE PAPERWORK COMPLETELY FINISHED AND NOW ARE DENYING MY FRIEND TO EVEN MOVE IN AT ALL.ANYTHING THAT CAN BE DONE ABOUT THIS?

Barry W. Kaufman
Barry W. Kaufman answered on Jun 23, 2021

Your friend can hire a lawyer. You stay out of it.

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2 Answers | Asked in Landlord - Tenant and Criminal Law for Florida on
Q: Can you seek compensation for a landlord entering without notice and running up your electric bill.

A.C. was off and nobody was home all day. Apartment complex maintenence worker entered in the morning without 12 hour notice (I think that's the law in florida) to unclog A.C. drain and left A.C. running for hours until I came home at night. We have stated that we don't feel comfortable... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 19, 2021

You don't have a case.

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1 Answer | Asked in Probate for Florida on
Q: My step-Dad and My Mom's property is intestate. She paid for the land and property and we are not heirs?

Dad died after Mom and I just found out his kids are heirs and not my Mom's kids. She paid over $30,000 for the land and property. We feel we should at least get that back. She has 3 living children.

Barry W. Kaufman
Barry W. Kaufman answered on Jun 17, 2021

More than likely, when your Mom died your step-dad inherited the property by operation of law or in a Will. Once that happened, his children become the heirs. Sorry to say, you are out. The fact your mom paid for the land is of no consequence. Had the Step-dad died first, his kids would be out.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Feb. 2020 moved into apartment complex owner “westside lakeshore LLC” covid happened. Covid paper work submitted.

Pr county website he has seen, No order/ judgement taken. I received notice of termination of month to month tenancy. On June 4th it Says rental of property has to be surrendered by 6/30/2021. This paper is not from a lawyer, court or service processor? Is this legal.

They... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 17, 2021

You are a month to month tenant, which means that the LL can terminate your lease with 15 days notice. You are not being evicted, so Covid has nothing to do with it. A landlord's notice that your tenancy is not being extended another month is not a document that comes via the court system. Its... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Paid cash to owner for room to rent and now I can't move in from her refusal. How to get refund with bo proof of trans.
Barry W. Kaufman
Barry W. Kaufman answered on Jun 17, 2021

You gave some woman cash with no proof that you paid her. You just learned a hard lesson. That money is gone.

2 Answers | Asked in Family Law and Probate for Florida on
Q: I'm trying to get a guardianship vacated

This past September, my mother was granted permanent guardianship of my now 13 year old son. They live in Lake County, Illinois and I live in Washington County, Florida. The CPS case, which in now closed, originated out of Walton County, Florida. My situation has drastically improved and I am... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 16, 2021

You have to determine which state now has jurisdiction - could be Florida, could be Illinois. What you do not do, is think that this is easy or that it is a DIY project. it is not either. Step 1 is to consult with a Florida attorney who practices guardianship matters to determine where a petition... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My tenant caused damage to my property and broke a signed acceptance of renewal

My lease does say I have 30 days to return any or none of the security deposit- do I have to inform the tenant I am doing so? Also, the form of acceptance or termination for renewal at a higher rent, which she accepted and signed, what rights do I have in terms of holding her responsible for... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 13, 2021

Nobody can answer your question because we can t read any documents online. This is an issue you should discuss with the lawyer who drafted this letter of acceptance.

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