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We were told we could rent month to month for 2 months by rental agent. Today she calls and says owner says no, but she assured us we could quite awhile ago.
answered on Aug 31, 2017
Unfortunately, without a written agreement, you don't have any recourse. I would look for another place that better suits your needs. Best of Luck! Jennifer
Going to keep $300 of my $1200 deposit. I did not contest. Just let it go.
It is now August 30, 2017 and I still have not received my deposit back. Is this legal in Florida?
Thank you
answered on Aug 29, 2017
Florida Statute, Section 83.49(3)(b) requires a Landlord to return deposit money, pending no objection to the Notice of Intent to Retain Deposit, within 30 days of the Notice. The Landlord is required to send such Notice within 30 days of Tenant vacating property if they intend to keep any portion... View More 
new purchase is contingent of sale of ny home. seller's agent did not want that language in the contract and is not flexible with the strict timeline of the purchase contract. the sale of the ny home is still within 45 day to buyer's having their commitment.
answered on Aug 29, 2017
In Florida, all of the terms of a Real Estate Contract must be in writing, so if the Purchase Contract does not state that the purchase is contingent upon the sale of your NY home, then it isn't. Hopefully your Purchase Contract has a financing contingency. If you don't qualify for... View More
after responding to it I was sent a contract and one sister was sent one as well.We signed these separate agreements which held that he would receive 33% of any money he collected. He then proceeded to open a probate case in MI. which among other things caused us to terminate the contract. The... View More
answered on Aug 24, 2017
It sounds like the probate is properly filed in Michigan, but if he is suing on the terms of the collection agreement for the 33%, you will need to review the collection agreement to see if it contains a provision that states what venue the matter is subject to upon default. If there is no... View More
I'm the tenant, I answer my eviction and they put a motion to strike that includes a motion to default and other at the same time what to do now
answered on Aug 21, 2017
I am not sure what position you stated in your Answer, but since you are not a party to the underlying Note and Mortgage, you are only added to the foreclosure action for purposes of the lender or buyer to obtain possession. Since you don't have rights under the Note and Mortgage to dispute... View More
answered on Aug 21, 2017
Yes, you can, but I would recommend that you have a Title Search to identify any liens or issues with the property before moving forward. You will need a real estate attorney to prepare the closing documents. Best of Luck! Jennifer
He's lived there for 2 years with no job or income. He won't move out. He's kind of like a squatter. I'm 65 and broke - as I've been supporting him. I hate him now. He has no job and no place to go. How do I get rid of him? It lists me as the only resident, and the... View More
answered on Aug 18, 2017
You need to file an ejectment action. If you have access to the internet, search for the Clerk of Court website in the county where you are located. Most jurisdictions have a self-help package that you can fill out the forms yourself and if you can't afford the filing fee, you will want to... View More
My renter failed to pay on time for 9 months, now he's leaving the apartment and doesnt wants to pay for the late fees he incurred on past months, I want to now if its legal to hold that money from the security deposit he made at the start of the lease.
Thanks
answered on Aug 10, 2017
You can, but you have to send notice, pursuant to Florida Statute, Section 83.49(3) and wait 15 days. Be sure to follow the format provided in the Statute. Best of Luck! Jennifer
answered on Aug 9, 2017
Yes. Florida Statute, Section 95.11(5)(h) provides a one year statute of limitations to pursue a claim for deficiency from the time the Clerk issues a Certificate of Title following a foreclosure sale. Best of Luck! Jennifer
answered on Aug 9, 2017
I would need some more detail to give a good answer your question. When you say a foreclosure happened 10 years ago, do you mean that there was a final judgment and foreclosure sale? If the case came to conclusion 10 years ago, the time to pursue any deficiency claims would be expired. If the... View More
answered on Aug 8, 2017
You need to hire an attorney to prepare the deed. Best of Luck! Jennifer
We've notified them multiple times and have been stood up by the manager and maintenance team promising to contact us. I pay extra money every month to rent the washer and dryer. What are my rights? Can I with hold a portion of my rent?
answered on Aug 8, 2017
You will want to review the provisions of your Lease Agreement regarding the washer/dryer and what required notifications are. You should notify them in writing that the washer/dryer does not work and give them an opportunity to fix it. You may be entitled to a credit toward your rent, but it... View More
home/apartment for a lower price. I have a buy out option but due to my medical expenses I cant afford it, what can I do?
answered on Aug 8, 2017
In situations like these, I advise that you go to your landlord with a solution instead of a problem. Explain the situation and take some initiative to find a new tenant to take over your lease or offer to stay until they find a new tenant for your residence instead of the full term. At least you... View More
We r having a house built on 2 acres. There are 3 houses on access road to property. Builder says all three houses maintain road and have access to road. The neighbor in front of us says it is his property and he is in an ongoing law suit with county about the road being accessible. Can neighbor... View More
answered on Aug 5, 2017
Hopefully a title search has been done and access has already been clearly established. In cases where there is a shared road, there is normally an easement/road maintenance agreement on record and it will state specifically what owners are responsible for what portion of the maintenance. You... View More
Last week informed seller died, today informed it was in April. Widow to go before judge 7/15 R/T bankruptcy. Where does this put house and existing contract?
answered on Aug 5, 2017
That will depend upon who signed the contract as seller, what the status of the probate is and what is happening in the bankruptcy case. It could happen, but there are many variables. The documents would need to be reviewed to provide a proper answer. Best of Luck! Jennifer
Turned it over to her now she won't give me any information about the estate and won't show me any documents about what's going on? What should I do?
answered on Aug 3, 2017
I agree with Attorney Williamson, there is not enough information to give you a good answer. You state you are a beneficiary, but it is not clear if you just hired an attorney to probate this estate for you or if you were the personal representative and then resigned and your attorney somehow... View More
My dad passed in 2/2015 and left everything to my mom, who is in a nursing home with end stage Alzheimer's. The home went into foreclosure b/c none of us heirs wanted the house and they were upside down in it. They live in NY state and I'm in FL. I was named as a defendant on the court... View More
answered on Jul 28, 2017
Yes. It is standard procedure for a lender to name the "unknown heirs" as defendants in cases where the borrower passed away. The lender attempts to identify and serve the heirs, but if they can't they will publish legal notice if they cannot be served. That could result in you... View More
I have a bill with a hospital for the deductible of $10,000 I have been paying $50 per month for over a year I have no contract with the colliction agency. Can I pay $20 instead?
answered on Jul 28, 2017
Absolutely! If you are not on a specific repayment plan, you can pay them whatever you can afford in your budget. Best of Luck! Jennifer
I am in the middle of knocking down an old mobile home on my property and put a new one on but was just informed about this judgement but all information given to me by the title company has led to a dead end and I need this resolved asap.
answered on Jul 28, 2017
There is not enough detail to be able to answer your question. These matters are very fact specific and the documents would need to be reviewed to give you any answer.
I agree with Attorney Williamson, you will need a lawyer to assist you.
Best of Luck! Jennifer
Foreclosure Complaint filed and Summons Issued on 4/3/17. I never was served. I found out about this because I was checking for a court case online. I filed the Answer to the Complaint within 20 days of the Summons issuance. Answer filed and mailed to Plaintiff attorney on 4/20/17.
Now I... View More
answered on Jul 28, 2017
The fact that you filed an answer may waive your objection that you were not served. I agree with my colleague, a Motion for Summary Judgment appears to be the correct way to proceed and you will need to file an affidavit or else Summary judgment will likely be granted and you will not have any... View More
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