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answered on Nov 24, 2017
No! Your landlord in NY could not physically bring you back to NY, but they could file for collections against you for breaking your Lease. If you do get served with legal papers, you will want to respond and work out a settlement so you don't have a judgment on your record or possible wage... View More 
answered on Nov 23, 2017
The best way is to engage the services of an attorney as early as possible in the process. Once you are served with foreclosure papers, you have 20 days to file any defenses that you may have. If you don't your opportunities become more and more limited. Depending upon your intentions and... View More
I am looking to sublease my apartment and i have someone that is wiling to pay more than i pay for rent as long as they are not on the lease. This means that i would be profiting from the sublease. Is this legal in the state of florida?
answered on Nov 21, 2017
That sounds like a great idea, but you will need to review your Lease Agreement first. Landlords typically screen tenants prior to granting possession, so the Lease Agreements usually contain a provision that you cannot sublease without Landlord approval, or sometimes, not at all. I would... View More
answered on Nov 18, 2017
You will need to review the deed to the property with an attorney. If it was owned by a husband and wife or there was a life estate, then yes, that may be the case, but most likely the property will need to be transferred through probate first. Best of Luck! Jennifer
I live in a condo. The lease states that the LL will provide “2 keys + 2 fobs + 1 assigned parking + 1 valet parking + 1 equinox membership included to the tenants by the landlord”. This is verbatim from the contract. Valet is a service in the building by a third party. Most rentals in the... View More
answered on Nov 18, 2017
I would need to know if the valet service was ever provided or did the landlord provide valet, then stop? If the benefit was once provided and now stopped because the landlord decided it was too expensive or that they just didn't want to provide the service, the landlord will be stuck until... View More
We have been together for about 4 yrs, we had verbal agreement that he would pay so much s month, he would pay for couple of months and then nothing. Was constantly changing the amount and failing to follow through. We live in cape coral florida. Can i leagaly kick him out of my home.
answered on Nov 12, 2017
Probably not. If he has a drivers' license and keys and receives mail there, even though he is not on the Lease, he probably has the right to be there. You would have to file an ejectment action against him to have him removed. Most Clerk of Court websites have an ejectment self-help... View More
Three of us owners want the problem taken care of immediately and request tenting and fumigation and have agreed to the cost. The fourth owner is "thinking about it" and is ignoring pleas from our HOA Board member to proceed with this process. This affects our:
Rentability (this... View More
answered on Nov 12, 2017
You will want to review the HOA Covenants & Restrictions to determine what the HOA and the homeowner responsibilities are. If failing to maintain and/or secure the property to the detriment of the unit is against the covenants, then you may be able to have the HOA advance the funds to take... View More
He had since returned and we keep requesting to do a final walk thru, he is refusing and said there were damages he is deducting from the sec dep. We did not leave any damage besides normal wear and tear after 3 years of living in the home. The neighbor was in the home, we don't know what he... View More
answered on Nov 12, 2017
How much time has elapsed? Your Landlord is required to give written notice of his intent to claim anything against your security deposit within 30 days. If he fails to do so, he is not permitted to keep any of your security deposit. If he did provide notice within 30 days, it may have to be up... View More
I have a year long lease in Florida that is over in July of 2018. Last week I accepted a job in Houston that requires me to move there within 2 weeks so I can start (Nov, 27th 2017). There is no possibility of the 60 days notice to terminate my lease. Looking over the lease I understood that... View More
answered on Nov 12, 2017
Probably. It all depends upon the terms of the Lease and from what you describe, there are 2 conditions that need to be met, 1) give 60 days notice and 2) pay 2 months early termination. Without reviewing the Lease, based upon what you have explained, it seems that if you knew about your job in... View More
Received insurance check from hurricane damage in our name and mortgage company name mortgage company decides they're going to divvy it out in small increments and our contractor does not want to wait also Mortgage Company claims that they can keep whatever is left and put in an escrow account... View More
answered on Nov 11, 2017
Your mortgage company is considered an "additional insured" and as long as you have a mortgage, insurance proceeds are typically paid to the mortgage company, not the homeowner. Encourage your contractor to accept the payment schedule proposed by the mortgage company or hire one that... View More
The house is standing empty. They will not use it.
answered on Oct 21, 2017
That would depend upon the agreement you had with the "company" when they "bought out" the lease. I would want to know what paperwork you signed when this took place. Did they pay you for the remaining 9 months to terminate the Lease? Did they surrender possession? Are the... View More
I own a house in FL and rent it out. The current tenant wants to break the lease 8 months into a 12 month lease. I prefer to sell the house rather than get a new renter. Of the 4 options under FL statute 83.595, I would like to choose #3 - Stand by and do nothing, holding the lessee liable for... View More
answered on Oct 14, 2017
You want the best of both worlds! In essence, the options under FL Statute, Section 83.595 make you choose to take possession or payment from the tenant. The BIG question is whether or not the tenant is judgment proof and how much effort do you want to go through to attempt to collect? It is... View More
Parents bought the property. They would like me to build a new home on it for my family. It is located in Hillsborough county florida. Will lenders have issues since property is in parents name?
answered on Oct 14, 2017
If you are intending to finance the building of the home and hold title in your own name, you will need to hire a surveyor to come out and create a new parcel for you. You will need an attorney to assist you with the process. I recommend scheduling a consultation to discuss your plans and for... View More
After moving in we decided to remove the carpet upstairs. We found weak subfloor that we could have fallen through that is termite damaged. After further investigation, the joists are also damaged and need replaced throughout the entire upstairs. All of this probably more than $10,000 worth of... View More
answered on Oct 12, 2017
I am sorry for your situation! Your question is much more than can be answered in a web post, as you have multiple factors going on here. There was a disclosure that there was spot treatment for termites, so my first question would be, did you hire a termite inspector prior to closing? Next, I... View More
I signed a business lease contract to 4 years term to start on 10/10/17 to a small party host place to kids parties. I was in the city hall asking about the place and two staffs told me that it was okay to this kind of business that i want, then i signed the contract with the landlord.... View More
answered on Oct 12, 2017
If you are unable to facilitate the purpose for which you entered into the Lease, the Lease can be made void. You will need to review your documents with an attorney for the proper guidance as to how to proceed from here. Best of Luck! Jennifer
They have never called me but they have called 2 other people and one of them was never on any of my accounts or anything of mine?
answered on Oct 11, 2017
If you stopped paying in 2012, the account may be past the Statute of Limitations for collections. In any event, if a debt collector is calling someone that is not on your account for collections, you and/or they may have a Fair Debt Collection Practices Act claim. The contact should be... View More
My husband and I looked at LGI Homes this past week. They asked us for a deposit to secure the house they are building. $1000. The sales rep said it was refundable. They said we have to go through the application process and be turned down for credit reasons to attain our money back. If we just... View More
answered on Oct 11, 2017
I agree with my colleague, the answer depends upon what you signed. There is no way to advise you in a web post without reviewing the documents. If you are relying on an oral promise, it won't get you out of the Contract, but it may give you a basis for other claims. Best of Luck! Jennifer
I keep a boat on the side of my yard behind a fence. The city is imposing a $100/day fine for violating the city ordinance of no recreational vehicles after hours and on weekends. It's on my private property. I am not part of an HOA or gated community. I have no plans to remove the boat. Is a... View More
answered on Oct 11, 2017
I would recommend that you remove your boat in order to minimize your damages and consult with a local real estate attorney to determine your best course of action going forward. It does not seem you will prevail based upon the facts presented. Best of Luck! Jennifer
My parents are elderly. I'm wanting to purchase the house they currently live in (cash purchase) but I just would prefer to have my name added to the deed as I intend for them to remain living in the house. This would give them more cash on a monthly basis to enjoy life a little more as well... View More
answered on Oct 11, 2017
You would need the assistance of a real estate attorney to draft a proper Contract and Deed. Since you are purchasing the home, it would not be considered a gift. You would have the Deed prepared to reserve a Life Estate for your parents if that is what is deemed to be in everyone's best... View More
My dad had dementia and didn't know he signed a will because he ask me before he died if I would take card of it all and we would get a will. My Cosin took advantage of daddy. I don't know much of these leagal issues and didn't know what probate was now my Cosin won't give me... View More
answered on Oct 8, 2017
I am sorry for your loss. The paper you signed will be very important to know what it is you signed and the other probate documents would need to be reviewed in order to answer your quesion. In probate, you can ask for what Florida Statute would have given you if there was no Will and cousins... View More
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