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Questions Answered by Barry W. Kaufman
2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my Landlord ask me or try to force me to renew my lease before it is up
Barry W. Kaufman
Barry W. Kaufman answered on Jan 14, 2021

He can certainly ask you whether you intend to enter a new lease term. You probably have a condition in your lease in which you must notify him of your plans to renew.

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2 Answers | Asked in Estate Planning and Probate for Florida on
Q: Moms trust reads I can't get inheritance until I work 1 year. I am getting SSI in Florida

I tried to work but can't keep job because my bipolar manic depression. I had 3 different jobs n 2020

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

You didn't ask a question. You should probably consult a lawyer with the trust to see if there's anything that can be done. We can't read your trust online, and these situations are very fact-based to the point that attempting to answer would be non-productive. Please see a lawyer.

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2 Answers | Asked in Probate for Florida on
Q: My Mother in law just passed away in Broward County Florida, and My husband and I don't know if we need a Lawyer.

Can't find a Will. My Husband was given Power of Attorney. No siblings.

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

Your power of attorney is now worthless, because your mother in law has passed. (I am sorry for your loss. I trust she lived a full and wonderful life.)

i suggest that your husband (not you) consults with a probate attorney to get some professional advice. It doesn't necessarily mean...
Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: can I sell my tenant occupied house in western NY? She is on a month to month

She just got out of rehab, there was a B & E at the house and damages. She has broken the lease agreement. Can I transfer title to one of my children?

Barry W. Kaufman
Barry W. Kaufman answered on Jan 11, 2021

SInce the house is located in New York, you should probably ask the question in the New York section of the forum to make certain that no New York law prohibits you transferring title. I can't imagine that there is - leases dont encumber titles.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: New owner put no pets on new lease when we paid a pet deposit 3 years ago and always had pets. Can we be forced to move?

UPDATE...LANDLORD SENT NEW LEASE INCLUDING OUR PETS. THANKS FOR THE ADVISE GIVEN! Can the new owner force us to sign a lease stating no pets after we have been here for 3 years with the pets and paid the pet deposit back then? We have always paid our rent on time and the new owner just visited the... Read more »

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

It doesn't matter that your old lease allowed pets - apparently the new one doesn't. You apparently have a difficult choice - stay where you are and lose the turtle and the gecko; or move. (I'm not really sure a gecko and a turtle even qualify as pets, but I'm not the landlord)

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord/tenant question

I am a landlord on a month to month lease agreement with a tenant that states she or I have to give 30 days notice to terminate the lease. She recently painted my home without my approval. I expressed my dismay to her, and told her she should have received my permission, first. She promptly cursed... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jan 3, 2021

Yes, but you must give her proper notice. You should probably consult with a lawyer to make certain things are done correctly. Screw this up, and you could be looking at paying her attorney's fees as well as not being able to get rid of her. If you are in the business of renting property,... Read more »

2 Answers | Asked in Collections for Florida on
Q: Do I owe payment to a creditor for my deceased father from 4 years ago.

My dad, who was a lifelong resident of GA, had a small trucking company in Savannah that he liquidated and closed in January of 2015. He was diagnosed with terminal cancer and passed a year and a half later on 6/17/2016. As his executor, and a resident of Florida since 1983, I honchoed his meager... Read more »

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

I cannot see how you could be held personally liable for this alleged debt. You were not a personal guarantor of the company's obligations to Comcast. However, it is possible that if he guaranteed the obligations, that his obligations were binding on his heirs.

At most, the statute of...
Read more »

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1 Answer | Asked in Collections for Florida on
Q: I have an account that was placed in collections when all payments are up to date, the company doesn't know why

What are my options on this?

Barry W. Kaufman
Barry W. Kaufman answered on Dec 14, 2020

Call the creditor, ask to speak to a manager. BE NICE. The minimum wage 20 year old who answers the phone is not responsible for the issue and probably nothing on his or her information screen would tell him or her why your account is in collection. Calmly explain that to the best of your... Read more »

1 Answer | Asked in Probate for Florida on
Q: My uncle died March 23rd 2012. I had forgotten until recently that I was his beneficiary. He had Alzheimer's.

I was never contacted. I know he had family up there that probably handled his things. I don't have contact with them. I'm wondering if too much time is passed to find out exactly what happened. I know that he had a will. When he got my personal information from me to a fix me as his... Read more »

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

You should contact a probate attorney "up there", in whatever state that is.

1 Answer | Asked in Probate for Florida on
Q: Can you stop going to therapy in the city you lived in and switch the a therapy location closer to where you live now?

So I got an evaluation in the city of where I was charged for minor possesion and it's hard for me to commute there from the city I currently live in. Is there any way I can start at a new program closer to where I live and not get hit with failure on first attempt?

Barry W. Kaufman
Barry W. Kaufman answered on Dec 2, 2020

Your issue is a criminal defense issue, not probate. Probate concerns the settling of the affairs of a person who has died. Talk to the person or office to whom you are supposed to report for your therapy.

3 Answers | Asked in Landlord - Tenant for Florida on
Q: We were evicted from our house yesterday 11/23/20 I had no idea this was coming.A sheriff walked up & I said can I

help you the sheriff said you have 15 minutes to get out. I said what,why.He said evicted you have 15 minutes to get your stuff.Is this legal? I live in Florida.

I have checked online at clerk.net and also contacted Manasota Legal Aid they said they couldn't find any records of eviction

Barry W. Kaufman
Barry W. Kaufman answered on Nov 24, 2020

It doesn't happen this way absent a dishonest sheriff's deputy. Here's the process:

1. A 3 day notice is sent to you or posted on the door. The notice is generally sent certified mail/ return receipt requested.

2. If you don't pay or vacate, the landlord files a...
Read more »

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can i be immediately put out of a motel in Daytona Florida for non payment? My car broke down

Been here over 2 months

Barry W. Kaufman
Barry W. Kaufman answered on Nov 24, 2020

Yes.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: To BARRY KAUFMAN. RE:MY PREVIOUS QUESTION

Because I am disabled and am unable to even walk at the moment. We have been paying the increase per our agreement since July, yet they refuse to just get the lease signed. Are you in FL?

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

Yes. I advise you then to consult an attorney in your town to determine your rights.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: My landlord & I verbally agreed on the terms for our lease renewal in July,they refuse send a lease & claim holdover

We've tried since July to get them to send us a signed Lease, but they never answer. They're never available for phone calls and claim were holdover tenants now. They posted an eviction notice this month and said our CDC Declaration doesn't apply. We've called, emailed &... Read more »

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

Now that you know that they don't want you as a tenant, why would you want to stay? I'd give them notice and move. Its going to cost you more to fight this with an attorney; although consulting a LL/tenant attorney may not be a bad idea.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can landlord in FL charge late fees during covid 19 pandemic? If not when is no late fee period?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 18, 2020

Yes, a landlord can charge late fees. Covid restrictions on the landlord do not prevent late fees; you are expected to pay your rent on time.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Does landlord has to pay utility when contract states that it's included in rent and tenant have not paid rent in FL?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 18, 2020

I would say yes. If the utility is included in the rent payment, the landlord is responsible for paying the utility company. If the tenant fails to pay rent and the landlord fails to pay the utility company thus depriving the tenant of utilities,; that could easily be construed as a self-help... Read more »

2 Answers | Asked in Probate for Florida on
Q: My father recently passed without leaving a will and very few registered assets with low value. What is our next step?

My father lived in Maryland, was not married, did not own a home, and has no debt nor retirement accounts. His only registered assets are a boat ($5k value), Md commercial fishing license, furniture and older firearms. He leaves behind myself (next of Kin), significant other, and my half brother... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 16, 2020

This is a question for Maryland probate lawyers, not Florida lawyers.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: My family residence is being sold to a new landlord and they want to tear it down. What are our rights?

Our landlord has recently sold the property where the house that my family rents is located. At first, the new landlord said he would let us stay but just last week informed us that he's changed his mind and is going to tear the house down instead. Possession of the property doesn't... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Nov 11, 2020

The new owner takes possession subject to your lease. You should consult an attorney in your town with your lease in hand.

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1 Answer | Asked in Collections for Florida on
Q: PLEASE EXPLAIN. A Plaintiff dissolution of continuing writ of garnishment?
Barry W. Kaufman
Barry W. Kaufman answered on Nov 10, 2020

It means that the plaintiff dissolved, or terminated the continuing writ of garnishment. If your pay was being held, it won't be held anymore.

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