Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Barry W. Kaufman
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Does a text message meet the written notice requirement?

We are month to month Tennants and the office is currently closed due the Pandemic. We are currently receiving text messages from the management team providing us Tennant's with updates, policy changes etc. Can we provide our intent to vacate premises (teminate month to month agreement) by... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 9, 2020

READ YOUR LEASE. If the lease requires you to provide notice by carrier pigeon, you need to send it by carrier pigeon. It probably requires you to send it by certified mail, return receipt requested to a specific address. Don't assume that the payment address is the notice address. Updates and... Read more »

2 Answers | Asked in Estate Planning and Probate for Florida on
Q: can executor cut inheritance $500 each to pay others more when not specified

Grandparent leaves each grandchild $10k, remainder to greats. Can executor cut the $10k by $500 to pay more to the great grandkids when that is not specified? Only that grandchildren each get $10k? I feel that if you don’t have a kid (which would be a great) then you get screwed out of $500 that... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 7, 2020

The personal representative is supposed to follow the Will to the letter.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What I can do?We are dealing with a landlord where my lease ends.

We are dealing with a landlord where my lease ends, and they want to raise my rent in these times of pandemic difficulty, I have been a loyal tenant for 10 years and I have never missed my payments, no late fee, etc. I have tried to communicate with the office of the apartment complex by phone, via... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 7, 2020

You have two, and only two options: you can enter into a new lease, or move when this one expires.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi , on March 17th I send a text to my landlord that I am leaving the apartment and the country due to covid 19 .

According to the lease I gave him 30 days notice.

March was paid in full . While leaving I couldn’t take my personals out do to curfews . Now he will not return my security deposit saying I owe him money for last few months since my boxes are in the apartment.

How should I handle this .???

Thanx

Barry W. Kaufman
Barry W. Kaufman answered on Jul 5, 2020

You should pay him what you owe him. The curfew excuse is garbage, and by not removing your items, you didn't vacate the apartment.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Is my landlord required to change an outlet?

I moved into a house in Florida and after I moved I purchased a washer and dryer. I found that the outlet that was supposed to be used for the dryer doesn't fit because it was meant for a recreational vehicle. Is the landlord required to provide a usable outlet for the appliance?

Barry W. Kaufman
Barry W. Kaufman answered on Jul 4, 2020

Nope. Try to negotiate him to pay for it, as it will to his benefit. If you decide to pay.for it, you need his written permission to do so. If he refuses, you are stuck with a dryer that you cannot use

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Tenant v. Landlord. Right to Partial or Whole Security Funds?

FL Statute 83.49(2) & (5). I am the tenant. I moved out a couple of days before lease end but did not provide a new address. He hasn't provided a written notice for deposit deductions and we have passed 30 days. I believe I am entitled to the entire deposit but I am confused whether or not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 1, 2020

How do you know he didn't send you a notice if you didn't give him a new address? What do you think, that he's required to play detective?

3 Answers | Asked in Estate Planning and Probate for Florida on
Q: How to claim my mothers life insurance the fastest? Been in probate for years I’m only 20 with no family in the US left

My mother and father passed away two days apart my mother first then my father. My mother had a will and setup an irrevocable trust. My mother’s life insurance policy listed my father as primary beneficiary but also listed my grandmother as (contingent beneficiary) she lives in Israel and is not... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 27, 2020

A great question to ask your probate lawyer.

View More Answers

2 Answers | Asked in Landlord - Tenant for Florida on
Q: I am on a "Quit Claim Deed" with "joint tenancy with the right of survivorship" so do I have any say on who stays here?

I live in Florida. I am listed as the second party on the deed but like the question states I am listed as a joint tenant which is why I'm not sure. Edit: He is not my spouse, he was my mother's roommate. My mom brought me and my boyfriend here. I've since had a baby with him and she... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 12, 2020

It doesn't matter in which position your name appears. You own 100% of the property along with the other deedholder, whom I assume is your spouse. From a purely legal standpoint, you have just as much say in who stays there as your spouse.

View More Answers

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Furniture and area rug were ruined by a water leak from the apartment above mine. I am not required to have insurance

Not do I have any.

Landlord says she's not responsible for anything and will not replace.

If I take her to small claims court, do you believe I will win.

Barry W. Kaufman
Barry W. Kaufman answered on Jun 10, 2020

No, as Mr. Minnick stated. If you rent, you should have renter's insurance.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I need help with an eviction problem

Allowed friend to stay at my home last year In exchange for remodeling job for me to pay off a debt owed me. job was completed Nov 2019. no lease or rental agreement. Does not have a key to my house. Stays in bedroom with no lock. Does receive mail here. On felony probation. Now causing problems... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 3, 2020

It doesn't matter that he receives mail there, so the next time he brings that up, tell him that you don't care about his mail. You have every right to kick him out now. You basically have 2 options - hire a lawyer to file the necessary documents to kick him out or offer him money to... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: is there an exception to the current Coronavirus Florida eviction hold?

certain tenants are involved in illegal activity and have consequently brought physical danger and severe structural damage to this property. multiple police contacts. I'd heard there's an exception to the eviction hold if such conditions are present...is this true? cannot reside with... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 3, 2020

The restrictions are based on nonpayment of rent. I recommend that instead of poking around on the internet, as I assume that you are the landlord, that you need a one on one relationship with an attorney in Orlando who can help you run your landlord business. That's what renting a residential... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hello, if I offered a replacement tenant for the house owner and she rejected, can she sue me

I bought a house, currently We're tenants and the lease under my dad name, he doesn't work I pay the rent for him. We want to break the lease my dad has health issues he can't pay the rent.

He has SSI which is not enough to pay house rent

He will move out with me

What do you think

Barry W. Kaufman
Barry W. Kaufman answered on May 30, 2020

You bought a house while you were paying your father's rent. If you stop paying your dad's rent, he will be evicted. But now that you've taken on the mortgage payment, you've left dad to pay his own rent, but he can't.

Your idea is to find another tenant to take...
Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: what are the landlords rights to entry during covid-19 in order to show home to prospective buyers.

The lease stipulates 24 hour notice given to tenant by landlord before entry. Tenant refuses access to the landlord. Citing concern of Covid-19. The property is in Florida.

Barry W. Kaufman
Barry W. Kaufman answered on May 29, 2020

To my knowledge, Covid 19 is not an excuse to not live up to the terms of the lease.

View More Answers

1 Answer | Asked in Landlord - Tenant for Florida on
Q: COVID made it impossible to pay $1200 so we were told to leave. Can they put a lien on our car without a court order?

It wasn't a lease or anything it was either to pay or leave and due to COVID we had to leave because we lost out on money. They threatened to call authorities and have our car repossessed unless we paid and put a lien and take our car. Is that possible without a court order?

Barry W. Kaufman
Barry W. Kaufman answered on May 23, 2020

This doesn't sound like a personal injury matter. Sounds more like a landlord/tenant issue in which you were given 3 days to pay the $1200 rent OR vacate the premises. If you failed to pay and had to be evicted, it's possible, depending on the lease you claim to not have, that you'd... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: What legal options do I have if the neighbors marijuana use permeates my apartment.

I have an apartment and in violation of the lease the neighbor is a heavy marijuana user. The smell now permeates my unit and is not allowing me to have the quiet enjoyment of my property. I have addressed this issue with the property manager repeatedly and they have done nothing to address it. At... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 20, 2020

Without reading the lease, it's difficult to say. The covenant of quiet enjoyment is between you and the LL, not between neighbors. I suppose that it's possible to make the argument that the LL is not enforcing the lease provisions as to your neighbor, thus by extension, denying you the... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Communications Law, Internet Law and Landlord - Tenant for Florida on
Q: Is a landlord and/or condo HOA in Florida required to furnish a tenant w/ internet access (via wall jacks/cable ports)?

I've occupied a unit in a condo complex for the past 2 years. The building has known issues with cable wiring. Xfinity provided us with equipment for self installation, however our internet connection continued to fail after many attempts by service techs to repair. They finally told us that... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 20, 2020

Nobody is required to furnish internet access, unless the requirement is specifically mentioned in the lease. You have some options, I think: pay to upgrade the condo's cabling; move; or see if you can access the internet via satellite or some other wireless method of connecting to the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I was misinformed on what my move in cost covered

When I was being shown the unit by the realtor I was informed that I would have to pay 1st, last, and security prior to moving in. When I filled out the application the paperwork also stated the money would go to 1st, last, and security. Once I provided the property manager the money he than... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 19, 2020

You didn't read the lease. Nothing else matters. I don't know how they can claim 2 security deposits, though. I am betting that whomever replied to your e-mail is a $12.00 hour worker bee, and not THE manager. Try setting up an appointment with that person to resolve what should be easily... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: my girlfriend and her 2 kids live with me. If I ask her to move out, and she refuses, what legal action could not take.

I live in Florida and I am the sole owner of my home.

Barry W. Kaufman
Barry W. Kaufman answered on May 19, 2020

Depends. If you had an agreement with her to pay rent, arguably you could evict her. If there was no agreement that she pay rent, you could eject her. Before you hire a lawyer, because you are not going to do this yourself, see if she will leave voluntarily, perhaps by offering her cash to leave.

1 Answer | Asked in Collections for Florida on
Q: not on note but on mortgage

I quick claimed the deed to property to the borrower / note holder. Am I responsible if forclosure takes place? I am on the mortgage but not the note.

Barry W. Kaufman
Barry W. Kaufman answered on May 19, 2020

If the property goes into foreclosure, you'll be a named defendant. If you never borrowed money to purchase the property, you won't be liable for any deficiency.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can a landlord require me to sign a lease 8 months before my current lease ends? They said to sign or not be renewed.

I have a current lease at a UCF affiliated apartment that ends 31-July. I've paid rent every month, even when not in apartment.

In November, the manager said I had to sign a lease for Fall 2020 term or lose my apartment. I wasn't sure if I would need the apartment that far... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on May 18, 2020

Of course the November lease is valid. You signed a new lease.

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.