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Florida Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lo

I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lot and installed a new fence at the front of my property with a gate. I want to remove the fence they installed and gain access to my land.

What should I do? Should I hire... View More

Fernando A. Prego
Fernando A. Prego
answered on Nov 22, 2024

You will need a survey of the property that will show encroachment onto your vacant lot as a result of the installed fence. If there is encroachment, that subjects the neighboring owner to civil claims to quiet title, partition of real property, ejectment, trespass, injunctive relief, and other... View More

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0 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: December 2023 rent paid in full. Fire occurred 12/23/2023. Still no refund for days not living on property due to fire.

Have asked previous landlord for interest accrued from our deposit, refund for days not able to live on property due to fire. Provided the landlord with copy of our renter's policy which included liability. Landlord charged monthly liability fees to us. I have been trying to resolve for 10... View More

0 Answers | Asked in Real Estate Law and Libel & Slander for Florida on
Q: Trying to see if I have a legal standing to send a cease and desist letter

I have a friend/worker that is a independent stylist that works in my company. I have asked her many many times to please stop talking about me and my personal life inside the business and outside the business. She has told multiple clients in the salon about me and my wifes marital issues. I also... View More

0 Answers | Asked in Real Estate Law for Florida on
Q: Ran in to situation with a current lease that is due for expiration in March. early termination

Ran in to situation with a current lease that is due for expiration in March, i have a good deal on a home that need to be closed in 25 days and signed the contract and upon notifying the landlord, landlord is asking for full lease rent. is that something allowed per landlord tenancy act of... View More

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?
Jacqueline Alicia Salcines
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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

0 Answers | Asked in Real Estate Law for Florida on
Q: How does Owner Association managing a TS Plan assess expenses per week when 20% of a unit weeks have been return to OA?

Our Owner Association (OA) manages 32 Timeshare (TS) Units and 419 OA units. Some TS units have 22 plus of the 51 weeks returned to OA due to death, for closer, etc. How does the OS charge each TS owner? Does the OA pay any of this expense?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: The Company that owns the land my mobile home is on, is trying to evict me accordingly that I am an unapproved tenant

pursuant to Fl. Statute 723.06(1)(e), although I am a model tenant that is never late on my rent and have received Letters from my neighbors stating that I am a model tenant, I have lived here 8 years taking care of my mom, until she passed away, and my sister violated her power of attorney. Now... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Nov 11, 2024

You have multiple issues going on and you should consult with a landlord/tenant lawyer if you are being sued for eviction or have received a notice to vacate. The statute you are citing actually supports the park evicting you if you failed to obtain approval as a tenant.

The duty to...
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3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Sold property to a friend. He said he was going to sell. It and he said had a contract, I hold the mortgage

he has not paid Octobers payment in full. I haven’t heard from him. Has been late for since the beginning. And November is due in two days. I cannot contact him or get a hold of him at all. Can I foreclose?

James Clifton
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James Clifton
answered on Nov 10, 2024

Unless the note or mortgage provide for a length of delinquency longer than 30 days, you can begin the foreclosure proceedings upon proper notice of the default and acceleration of the mortgage. Schedule a free consultation to ensure you are ready to begin the foreclosure process.

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0 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida on
Q: Florida: Landlord used another real estate company's lease

I just discovered my landlord I lived with used another real estate companys lease she has no association with. Is this illegal? Is the lease null and void? I moved out after my 6 months lease was up and she also hasn't returned by deposit, which come to find out a final judgement was put... View More

0 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: We signed a contract with this company EasyKnock 10 months ago to sell the house. They've done no work on their part.

We are located in Florida. We made this stupid move because our house had gained around $140K in equity and wanted to cash out and move up better. We agreed to their plan where we live here and pay them $2K rent while they do the work and help sell the house for a year. They have failed to to... View More

1 Answer | Asked in Real Estate Law and Municipal Law for Florida on
Q: how do i get copies of items on an exhibit list from a defendant in collier county florida. I had asked for the exact

document in discovery and the claimed they did not have them and now they are on their exhibit list?

Anthony M. Avery
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answered on Nov 7, 2024

File a Motion To Compel Discovery, and possible Discovery Sanctions.

0 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: If you sell 2/3 of your home, where you have lived more than 2 yrs, can you use the $250K capital gain home exclusion

My mother passed away and the tile of her home was in my name, never hers. I have lived in that house for over 10 years. There is significant equity in the house and many other heirs. Two siblings and I want to keep/buy the home and share the proceeds with all heirs. If I sell 2/3 of the house and... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Scenario for a $10,000+ water damage problem in a condominium. Who is responsible?

Jill (pseudonym) suddenly finds the condo water was shut off. She leaves her apartment, and returns to find her bathroom floor flooded. Upset that the faucet was accidentally left on, she mops up thoroughly.

Six days later she gets a text from resident below saying there is extreme water... View More

Linda Liang
Linda Liang
answered on Oct 29, 2024

Unfortunately, Jill should be responsible for repairing Bob's bathroom damage. If there is a question regarding the extent of the damage caused by the leakage and the mitigation that Bob should have done (is there?), the damage can be reduced.

As far as the app is concerned, Jill may...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Question about signing a deed in counterparts? See details below:

-There are two grantors signing a deed in two separate locations

-When signing a deed in counterparts, do you list both grantors on the deed that each grantor is signing separately? Or do you only list the signing grantor on the copy they are signing?

Anthony M. Avery
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answered on Oct 28, 2024

Deed needs to be complete with all grantors listed in all necessary parts of the Deed. You can list each tenants in common's conveyed interest in separate deeds but it is difficult and expensive. If one grantor signs, and the others do not, then you may have serious problems.

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: My mother passed away in 2011. I never had the deed transferred in my name. How do I get the deed in my name?

I have kept the property up and have paid all taxes and fees for the property during this time. I acquired it at the time from my 3 siblings.

Phillip William Gunthert
Phillip William Gunthert
answered on Oct 24, 2024

You will need to have the deed reviewed and you will need to see what interest if any your siblings transferred to you. If the property is in your mom's name still, some version of probate will be required, you will likely need a Florida Probate Attorney in order to accomplish this... View More

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3 Answers | Asked in Real Estate Law for Florida on
Q: What are my legal rights for compensation before I file a quitclaim on the house I bought with my ex boyfriend?

I am on the deed for a house in Florida. Me and my then boyfriend got the house. He paid for the down payment and is paying the mortgage. I just wanted to know my legal rights for compensation as I decide to file for a quitclaim. This relationship ended badly since he abused and cheated on me. I... View More

Anthony M. Avery
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answered on Oct 23, 2024

Do not just give away valuable property. Hire a TN attorney to represent you, negotiate an agreeable purchase amount, and have your attorney draft the FL Quit Claim Deed. He can take receipt of the funds, then have you execute the Deed. Only then he can send it to BF, and give you the money... View More

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1 Answer | Asked in Real Estate Law and Collections for Florida on
Q: Can I dispute all of the charges after move out since it looks like they planted trash in the apartment?

Before move out, my girlfriend and I thoroughly cleaned the whole apartment and took pictures of every room. About a week after move out we got a move out statement with charges for replacement of the couch, carpet, and blinds. It also said there was trash in the common area which the took a... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Oct 21, 2024

Can you? Of course. Keep all your evidence. Don't keep it on your phone in case the phone gets lost or damaged. Write down as much of the details as you can remember now. Dates, times, etc. This will help you later.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How to get reimburse for estate related expenses after Summary Administration order?

Florida. Will directs all estate related expenses to come from estate, not from me alone (I am one of two beneficiaries and the PR named in the will). I paid 100% of all estate-related expenses totaling around $50k and my sibling (the other beneficiary) paid nothing. The only "asset" in... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Oct 22, 2024

You can ask the closing agent to include all the estate expenses to be put on the closing statement when the house is sold, and if your sibling doesn't sign the closing statement, then the closing cannot take place. That is your leverage. The closing statement is the last opportunity for you... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: Hurricane caused fallen tree on ground of mobile home park, Winter Haven, FL. Property owners claim no liability

Say it’s homeowners that need to remove and pay for, that they don’t own property between houses but we pay them monthly lot rent. Won’t give property line drawing or anything in writing that says they don’t own communal property but homeowners do.

Barbara Billiot Stage
Barbara Billiot Stage
answered on Oct 17, 2024

I'm sorry to hear about your troubles. It isn't a matter of who owns the property. It depends on what your lease and park prospectus state regarding lot maintenance. It could be you are responsible since you are in possession of the land or the park could be responsible and not taking... View More

1 Answer | Asked in Contracts, Land Use & Zoning, Landlord - Tenant and Real Estate Law for Florida on
Q: Hit by Milton and no access back to MHP. I own home, but lease the lot. No power b/c flooding. Is rent still due?

9 days without power, plumbing, trash service, etc. Duke Energy cannot reestablish power until water recedes and could take weeks according to their notice.

Linda Liang
Linda Liang
answered on Oct 17, 2024

Most likely yes. Your obligation to pay is described by the lease, which is between you and your landlord. The inconvenience was not the landlord's fault. It is unlikely the lease provides the landlord should waive the rent.

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