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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Tenant incarcerated, how long before property is considered abandoned?

I'm a landlord and my tenant is currently incarcerated, serving a 5-15 year sentence, and has been in jail for 6 months. We had a month-to-month oral lease agreement. I've attempted to contact the tenant about their belongings and they expressed not wanting their family to have them. How... View More

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answered on May 6, 2025

Florida statutes states that if the tenant is absent from the property for half the time of the term, then it can be considered abandoned. So if the tenant pays from month to month and has been gone for 15 days, then it is considered abandoned. In this case however since you know the tenant is in... View More

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3 Answers | Asked in Landlord - Tenant, Real Estate Law and Criminal Law for Florida on
Q: Can I sell a commercial property with a non-paying tenant in Florida?

I want to sell a commercial property in Florida, but there's a tenant on the property who has never paid rent for the past three years. There is no formal lease agreement, and I suspect the tenant, who is a felon, may have forged one. Can I proceed with the sale while I need to evict this tenant?

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answered on May 4, 2025

If you never had a written agreement then you need to ask the buyer whether they want to purchase with a tenant in possession or not. If yes they will want a new lease but they can prepare it after closing. If they don’t then it’s your responsibility to make sure he is out prior to closing.... View More

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3 Answers | Asked in Business Law, Contracts and Real Estate Law for Florida on
Q: How to remove my name from both deed and mortgage in Florida?

I co-signed the mortgage for my friend's condo, and my name is on both the deed and the mortgage. My friend pays the mortgage and lives in the condo. He wants to remove my name from the deed, but I want to ensure I have no responsibility for the loan or property once my name is removed from... View More

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answered on Feb 22, 2025

Removing your name from the title or Deed is easy, via a quit claim deed that an attorney can prepare for you. However, in order to remove you from the mortgage, the lender will need to approve this, and 99.9% of the time, they dont. If you are not the borrower and have no skin in the game, the... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: I'm selling my house. A contract has been signed. It is being sold "as is". Do I need a lawyer to review the contract

What would the cost be?

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answered on Dec 3, 2024

You need a lawyer to review the contract and represent you in the transaction. What you pay is minimal for peace of mind. Otherwise, if you dont hire a lawyer, the other side's title company will merely prepare your seller docs, charge you a fee usually more than an attorney would charge, and... View More

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3 Answers | Asked in Real Estate Law, Estate Planning and Probate for Florida on
Q: can i sell the land of a deceased relative in florida

I have two siblings and my sister died owning land. I want to sell it.

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answered on Oct 13, 2024

Have an attorney review the deed. That way we can see who is on there as title holder and who would need to sign in order to sell the property. If another sibling does not want to sell, then it will turn into a Partition action and court forced sale but you can still use your own realtor, etc.... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If our new apartment isn’t ready when the lease starts 6/1/2024, are they in violation and can we get out of the lease?
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answered on May 28, 2024

If its not ready, then yes, they are in breach assuming the contract/Lease you signed states they have to give you possession by June 1st. I would speak to a real estate attorney so we can review the Lease free of charge and advise accordingly. Then you may want to send out a letter advising them... View More

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: I bought a home in Florida for my mom, I want to add her to the deed so her save our homes exemption is applied, can I?

This is my first home, I don’t have a previous save our homes homestead exemption. I am buying the house but my mother is living in it. If I add her to the deed will she be able to transfer her save our homes to the new house? As it would be 50% ownership, would 50% of the exemption be applied?... View More

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answered on Dec 2, 2023

What a nice gesture. You can absolutely add her in via a Quit Claim Deed. I would strongly urge you to hire a real estate lawyer to prepare one so it is done right. Errors in deeds are costly specially when trying to correct them after many years and at the time of sale. As co-tenants you can... View More

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3 Answers | Asked in Construction Law, Civil Litigation and Real Estate Law for Florida on
Q: Unlicensed contractor issue with sinking RV pad, need legal advice.

I hired a local company to build and extend a driveway with pavers for an RV pad. The contractor, who turned out to be unlicensed, admitted fault when the pad started sinking less than a year later and promised to fix it. Ten months on, the problem has worsened and remains unresolved. We paid... View More

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answered on Jun 2, 2025

You need to contact an attorney that is well versed in contract law and litigation. Sounds like a breach of contract issue but obtaining more facts will allow us to ascertain any additional counts depending on your damages.

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2 Answers | Asked in Consumer Law, Products Liability, Lemon Law and Personal Injury for Florida on
Q: How to find an attorney for dealer fraud and odometer tampering in Florida?

I am seeking an attorney in Florida to represent me in a dealer fraud case involving odometer tampering. Despite filing complaints with state agencies, no investigation has been initiated as they seem to find excuses not to proceed. I've searched for legal representation in Florida but... View More

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answered on May 3, 2025

Thats terrible. I am happy to assist you with this fraud. Please call us for consult

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2 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: How to evict a tenant violating no subletting and lock change clauses?

I need advice on evicting a tenant from my property who has breached the lease by subletting rooms, changing locks, and converting a garage into a bedroom without permission. The tenant initially sublet the property starting September 2024 and hasn't lived there since. Despite sending a... View More

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answered on Apr 28, 2025

You must write a letter to the tenant that complies with Florida Statuted chapter 83 and allow them 7 days to cure unless it’s a non curable egregious matter. We can assist with the letter and write it for you. If after seven days they haven’t fixed the issue you can then start your eviction.... View More

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3 Answers | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: Does paying the early termination fee satisfy lease obligations?

I want to terminate my lease early due to coercion from my parents, and there is an early termination clause in the lease specifying a fee for early surrender and rent due through the end of the month of possession. If I pay this fee, does it prevent the landlord, which is a larger rental company,... View More

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answered on Apr 17, 2025

Usually yes. However in order to provide correct advice I would need to see a copy of your lease to advise. Feel free to email it for a consult.

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4 Answers | Asked in Probate, Real Estate Law and Civil Litigation for Florida on
Q: How do I proceed with a buyout of other property shareholders in FL?

I want to buy out the other two shareholders of a property left to my mother, aunt, and uncle after my grandparents passed in 2008. My mother and aunt have both passed away, and I've probated my mother's estate, gaining her share. My aunt's children have not probated her estate, and... View More

Jacqueline Alicia Salcines
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answered on Mar 28, 2025

Easy. Contact a real estate attorney to prepare the documents for you in order for you to buy them out and have them quit claim their share. Happy to assist

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1 Answer | Asked in Appeals / Appellate Law and Landlord - Tenant for Florida on
Q: Options for appealing a lost landlord-tenant civil case in Florida due to attorney issue.

I lost a landlord-tenant civil case in Florida because I didn't retain an attorney within 20 days. During the year I hired an attorney, two hearings were scheduled but both were canceled. I was informed by my attorney that I lost the case solely because of this issue. I believe this is unfair... View More

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answered on Mar 11, 2025

Happy to assist. We will need to see a copy of the case or the case number to be able to pull it up.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Are tenants liable for major repairs under Florida lease?

I am currently negotiating a lease in Florida where the "Repair and Maintenance" section assigns typical landlord responsibilities, like plumbing, floors, doors, and A/C, to the tenant. I've already discussed my concerns with the property management company. Would I have any... View More

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answered on Feb 26, 2025

It all depends on your lease. There is no "set industry standard" its really what you want to agree to or not. Have an attorney review to advise

1 Answer | Asked in Consumer Law for Florida on
Q: I need a Demand letter written! How much would it cost?
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answered on Jan 21, 2025

A typical fee for a demand letter is between $250 and $350 depending on the matter.

1 Answer | Asked in Landlord - Tenant, Real Estate Law, Criminal Law and Elder Law for Florida on
Q: Commercial Property Eviction help needed thank you for your thoughts

I am in need of advice and help from a lawyer regarding evicting a criminal from a commercial property. The key to property was stolen from my elderly father. The criminal is currently on probation for other crimes. Any advice is greatly appreciated.

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answered on Jan 4, 2025

I am happy to assist you with this eviction. I would need to see the Commercial Lease in advance however to advise what recourse you can take. You can email that to us.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I live in Miami Dade year lease ends tomorrow, landlord hasn't contacted me to renew I want to stay what are the laws

I'm not sure what the new laws are. Does the landlord have to give notice if not renewing, can she increase rent without notice, what are my rights in Miami Dade county? If these things were required and she didn't give notice, which she hasn't, does my lease renew automatically?

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answered on Dec 30, 2024

You must read the lease to see whether the lease renews automatically as a month to month lease or terminates. If unclear speak to a real estate attorney so we can review the lease and advise.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: i am being evicted under the base of a holdover. i need more time to get out of the commercial building i have rented

i have rented this building for 12 years and asked for 90 days to move out. the owner said no and gave me 30 days. i have always paid rent and i am not behind at this time. the state is Florida

Is there anything i can do to slow the process? i do not mind leaving as i have already started... View More

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answered on Dec 13, 2024

A good and experienced real estate lawyer will likely be able to find a loop hole in your contract and buy you time but we do need to review your contract. Feel free to consult today

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2 Answers | Asked in Contracts, Criminal Law and Civil Litigation for Florida on
Q: Dealer won’t give me refund of my down payment even though I never took possession of the car

Hello, I went to a dealership and made a deal on the car they said I could pick it up the next day that next day turned to a week, the car still wasn’t ready. So I decided I didn’t want the car anymore and now they’re refusing to give me back the money I put down is there anything I can do?

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answered on Dec 5, 2024

Hire a lawyer to assist you and get your money back.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Lawyer won't release escrow deposit. Not returning my calls. Mediation would be 55 days. What options?
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answered on Nov 13, 2024

If this is regarding a real estate transaction, we would need to know the reasons for not releasing ir. If there is a dispute between buyer and seller we would need to review your contract and get more information regarding the transaction. Consult today to discuss

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