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Questions Answered by Barry W. Kaufman
1 Answer | Asked in Banking and Collections for Florida on
Q: Will you have to pay back a check after you’ve cashed it if you weren’t supposed to receive it?

I received a check from Collier County school Board I cashed it and that I was called two weeks later and they told me it wasn’t supposed to receive the check and now they’re demanding that I pay it back or face legal repercussions.

Barry W. Kaufman
Barry W. Kaufman answered on Apr 15, 2021

Yes. You knew you weren't supposed to receive the money.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I am a college student working on a paper. Can you help me answer the question being posed for the subject matter?

The posed question is: If a comm. tenant adds an addition and the A/C doesn't carry the new space, who is responsible to ensure that it does? The tenant or commercial landlord?

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

That's not the way the law works. Before the first spade of dirt is turned on the new addition, all these details are specified in the contract. A/c is not required by law for either commercial or residential tenants.

2 Answers | Asked in Probate for Florida on
Q: Filed a Petition to Probate but recently learned there are no probate assets. Need to withdraw petition.

I filed summary administration and homestead exemption. One of the witnesses to the will checked both boxes - one for personally knows the decedent and one for presenting license. The judge threw it out. As it turns out, there is not enough money in the estate to need probate. I was told by the JA... Read more »

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

Of course she isn't going to tell you. That would be giving you legal advice, and she cannot do that under any circumstances. You'll need to consult with a lawyer.

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1 Answer | Asked in Probate for Florida on
Q: I filed a claim against an estate and the representative of the estate filed an objection. Where do I send an action?

Do I respond to the probate lawyer who sent me the objection? My email address is msmini1023@gmail.com

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

There's no response to the objection. You have the option of filing a civil lawsuit in the appropriate court (county court if the amount of your claim is $8000.01-30,000; small claims if your claim is no more than $8,000.00; and circuit court if your claim is $30,000.01 or greater). You should... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: What happens when a person knowingly files an invalid will with the court in Florida?

A close relative passed away a month ago and his "companion" filed an earlier invalid (according to her) version of his will with the court. She advised the family after his passing that he had a new will drawn up after this previous version but opted not to inform anyone other than her.... Read more »

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

Whomever could be an heir or beneficiary under his Will should retain an attorney right away.

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2 Answers | Asked in Probate for Florida on
Q: Father remarried, died florida with revocable trust made in ca with late wife 1996 funded solely with community propert

that my mother willed to the trust. New wife wants share. Does she get share of full estate, or just share of his half? This was not an a/b trust, and he was able to revoke, modify, etc...what happened to my mother's half??

Barry W. Kaufman
Barry W. Kaufman answered on Apr 10, 2021

You will need to retain an attorney. Nobody online can read the Will or can know what's really going on.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord passed away and left me this manufactured home. they have denied my application, what are my options?

I passed a background check to live here. 8 yrs now

Barry W. Kaufman
Barry W. Kaufman answered on Apr 7, 2021

You don't mention who "they" is, or what application it is.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I have a landlord and tenant issue. I asked my landlord to repair my property. Exsposed multiple other issues

Was given a a 15 day notice that they don’t wanna rent to me cause I asked to have it repaired

Barry W. Kaufman
Barry W. Kaufman answered on Apr 7, 2021

Or perhaps they want to terminate the lease in order to make repairs that would be impossible with someone living in the place. In any event, it doesn't matter why the LL gave you the notice. He did. Now you must leave.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Tenant recvd text from pm that yr lease would not be renewed, after tenant recvd text, a week earlier stating it would?

Can a pm legally do this? Agree to renew a yr lease, then retract it?

Barry W. Kaufman
Barry W. Kaufman answered on Apr 6, 2021

Maybe, it depends on whether the tenant relied on the first text to his detriment.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can I be forced to sign a lease after I've been renting without one since the property has been sold. Florida

The property containing my unit and 7 others in 4 duplex buildings has been sold. The rent shot up but I guess that's to be expected, the thing is the new owners are demanding that we immediately sign a lease. I and many of the others tenants have been here a long time and no longer have a... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Apr 4, 2021

Yes.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: i vacated my apartment in good standing but my landlord states that according to chapter 83.49 i forfeit my deposit

is that correct?

Barry W. Kaufman
Barry W. Kaufman answered on Apr 1, 2021

I have no idea what you mean by "good standing", or whether the LL sent a notice that complied with the statute, etc. Need more facts.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord sold the property. Does he have the right to make me move out during the pandemic if it leaves me homeless.
Barry W. Kaufman
Barry W. Kaufman answered on Mar 31, 2021

If you have a lease with the old landlord, the new owner must honor your lease. When your lease expires, you must leave unless the new owner and you enter into a new lease. The owner is not obligated in any way to let you stay 1 minute after your lease expires. It's up to you to find a new... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Tenant states they didn't cash security deposit check from over five years ago. Do I have to reissue a new check?

In Florida.

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

Well, did they? The check either cleared your bank or it didn't. If it cleared your bank, they're mistaken. If it didn't clear your bank, you still have their money. If you are located in Virginia and the property is in Florida, you'd have to look at your lease to determine... Read more »

2 Answers | Asked in Probate for Florida on
Q: How to check status of probate
Barry W. Kaufman
Barry W. Kaufman answered on Mar 29, 2021

Clerk of Court's website

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If a tenant gets a 15 day notice and are not out in 15 days what is the next step?
Barry W. Kaufman
Barry W. Kaufman answered on Mar 29, 2021

Eviction. If you are the landlord and don't know this, you need to hire an attorney, asap. If you are the tenant, the last thing you want is to have an eviction complaint filed against you, because it will make renting anything decent very difficult for several years.

1 Answer | Asked in Real Estate Law, Banking and Probate for Florida on
Q: siblings and I are being sewed by the bank holds the mtg on mother's house who is deceased

If I'm listed as deceased on the doc does the doc have to be refiled with the court?

Barry W. Kaufman
Barry W. Kaufman answered on Mar 28, 2021

You are being sued in foreclosure because your mother, who is deceased, had a mortgage with the lender at the time of her death. You should answer the foreclosure complaint and deny the allegation that you are deceased. The plaintiff can decide whether to amend its complaint. If you were not a... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Should I sign lease if repairs aren't done. Been 3 weeks since promised repairs.

First showing of property, three weeks ago. landlord casually mentioned he would repair anything, like electrical outlets if needed. At least 3 in one room don't work. Impression is he knew bout them and didn't plan on fixing them unless pushed and would fix them himself. Also, sink looks... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 26, 2021

Just find another place. Do you really need to ask for legal advice for something like this?

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Tenant pay percentage rent of five percent (5%) of revenue excess of natural breakpoint. Be set using an 8% occupancy.

I would like to know what they are asking for the percentage rent paragraph. ​

In addition to base rent, Tenant shall pay percentage rent of five percent (5%) of revenue in excess of natural breakpoint (the “Breakpoint”). The Breakpoint shall be set using an 8% occupancy threshold... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Mar 25, 2021

Sounds like this is a term of a commercial lease. If you are going to rent commercial space and you don't know what this means, you need to hire an attorney to represent you. having competent legal representation in commercial lease negotiations is a cost of doing business. The other side has... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I rent out the extra rooms in my house and I furnish them. The tenant is getting evicted for non payment of rent.

Can I remove these things I have provided, the (bed, dresser , tv with fire stick) since he is getting evicted and is not paying rent.

Barry W. Kaufman
Barry W. Kaufman answered on Mar 25, 2021

No. You have to wait until he is physically gone. Arguably, removing these items would be considered self-help, and that is forbidden by statute. (Maybe you can remove the TV, but not the bed or the dresser)

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I signed a lease to move in on the 13th(its now the 19th). The landlord refuses to let me move in. What can I do?

I signed a lease to move in on the 13th(its now the 19th). The landlord refuses to let me move in because he is in the hospital, and wants to be there when I move in. I'm now homeless because I signed a lease for a place I can't move in.

I went to the house to see if anyone was... Read more »

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

Retain an attorney immediately.

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