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I recently inherited a commercial property from my father, which transferred to me after being filed recently. The property has professional squatters who have forged a lease and are preventing me from accessing the site. There was no lease or agreement made with these squatters. My father also... View More 
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answered on May 13, 2025
Hire a FL attorney to sue all occupants for possession only. You will not be able to do this yourself and may need to sue for Ejectment. Time is running against you. Title and Possession are two different things.
I have a question about the transfer of commercial property that was signed in December and filed in April. The property transfer occurred after the original owner's death and was to a beneficiary through a Trust agreement. There was no formal closing or stipulation regarding the transfer... View More
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answered on May 13, 2025
Date of Deed Execution is date of conveyance. But if there is Court Case, delivery to and acceptance by the grantee may need to be proven by sworn testimony. Deed is effective upon execution but not notice to the world until recorded.
My house was foreclosed, and we were given ten minutes to leave the premises. Animal control took our valuable horses, claiming it was necessary because we couldn't move them ourselves, despite us having the means to do so with some additional time for arrangements. The sheriff threatened me... View More
answered on May 12, 2025
I'm sorry you had that experience and I understand how difficult it is to relocate horses on short notice.
Technically, the horses were not stolen and were likely considered abandoned just like any other personal property left on the premises. The sheriff has to post a 24-hour notice... View More
I received a cease and desist letter from my HOA attorney, stating that my tenants have been smoking marijuana, affecting other homeowners. Other homeowners have mostly made verbal complaints, with one formal written complaint. My lease does not specify terms regarding smoking or drug use. I have... View More
answered on May 8, 2025
yes, you should share the notice to your tenants. There's no privacy concerns. As the owner of the unit, you are the one whose life the HOA can make most miserable, and financially difficult. It makes no sense to not cooperate with the HOA.
I signed a pool construction contract in June 2024, and despite making payments totaling nearly $100,000 and having written records, the pool is still not completed. The contract specified a completion timeline of 16-18 weeks, but it has been nearly a year. The contractor does not respond to my... View More
answered on May 12, 2025
A Florida attorney could advise best, but your question remains open for a week. You ask about what type of attorney - your starting point could be to reach out to civil litigation attorneys with experience in contract disputes/construction contract disputes (depending on the technical complexity... View More
I need help dealing with my ex-boyfriend, who is wealthy and controlling. He gifted me a house, where I'm legally the sole owner, and some accusations against me have recently emerged. He claims I’ve stolen the house and committed fraud related to checks. We have proof via texts that he... View More
In Florida, my mother currently pays very low property taxes on her lakehouse, which is not her primary homesteaded residence. She has a Lady Bird Deed set up to transfer the property to me upon her death. However, I am concerned that the property will be reassessed and the property taxes will... View More
answered on May 7, 2025
The Trust and the Enhanced Life Estate Deed (Ladybird Deed) if property drafted generally will not have any impact on the property taxes as the property would usually continue to be owned and controlled by your mom during her lifetime. Your current estate planning attorney should be able to address... View More
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
I own 1 acre of raw land in Bradford County, Florida, which currently lacks an official mailing or residential address. The county does not assign addresses to undeveloped land. I've been advised to contact a permitting agent, which can include professionals like tiny house builders or... View More
I am a married woman living in a condo in Daytona, FL, which my husband bought before our 1.33-year marriage; he is the sole owner on the deed. We have no prenups or postnups, and the condo is homesteaded with no liens. He wants to sell it to me, and I've been contributing to expenses.... View More
answered on May 6, 2025
To properly protect yourself you would also want a postnuptial agreement making it clear that the property moving forward would be your non-marital asset. Otherwise, if the two of you continue to live in the property together as time passes he may acquire an interest in the equity by virtue of the... View More
I am a property manager in Florida and recently faced a situation regarding a security deposit. I received a security deposit in March from a prospective tenant to secure an apartment that I was preparing. After turning over the apartment, it was ready by April 16th. The prospective tenant delayed... View More
answered on May 6, 2025
You have to have the landlord consult with a lawyer to figure it out. You cannot provide legal advice to the landlord and you should not be making legal decisions for the landlord.
Can I light a marijuana-scented candle in my government housing apartment even if smoking is prohibited? I have had no previous issues with odors in the apartment, and I have a medical marijuana card.
My mother passed away and named me as her Personal Representative in her Last Will and Testament. There is no probate involved because her home is upside down in payments. I am handling tasks based on the will, and there are no legal restrictions on her bank account. I've put a freeze on the... View More
answered on May 6, 2025
If the refund check is less than $75,000, then you can open a summary administration and get an order to reissue the check to the heir. If it is more that $75,000, then you would have to open a formal administration, get appointed as the personal representative, and then use the court order to open... View More
I've purchased two RVs intending to live on my property in Astor, FL, but I've been informed that my property is not zoned for RVs. I've learned from the zoning board that I can file for a variance, but the process is lengthy, and our money is tied up in RVs, leaving us without a... View More
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
I live in a condo where my neighbor, who is a felon, exhibits suspicious behavior. On weekends, I've noticed my door lock is being tampered with, and I suspect my neighbor is involved. I've reported these incidents to building management. What steps can I take to address and resolve this situation?
I am the property owner and planning to use the [Release of Lien form](https://law.justia.com/codes/florida/title-xl/chapter-713/part-i/section-713-20/) as specified in FL Statutes 713.20. I want to ensure that this form will protect me from future claims by both the general contractor and any... View More
My mom has passed away, and her residence in Florida is held in a revocable trust via warranty deed. I am the trustee and sole beneficiary of the trust, and I understand probate is not necessary. What steps do I need to take to transfer the deed into my name, including any forms I need to file with... View More
answered on May 2, 2025
You should have an estate planning/probate attorney review the Trust and the current property deed, generally, you as the trustee will transfer the property via deed to yourself from the Trust and then it will be in your name alone and not in the Trust name any longer and you can apply from... View More
I'm planning to install wood privacy panels on my property, which have already been approved by the city. These panels won't be connected; each will be separated by trees or bushes to maintain privacy and address the aesthetic concerns with my neighbor's uncared-for lot. Despite... View More
My mom and dad, now divorced, had a legal agreement in their divorce decree stating that neither could sell the house, as it was intended for their daughter. My dad lived there, but my mom did not. I am the daughter, and I'd like to know if I'm allowed to live there now that my dad has... View More
answered on May 1, 2025
I recommend that you consult with an experienced attorney who handles family law and probate. Ask them to review the divorce decree to see what your parents agreed to. For example, it may be that your parents continued to own the house 50/50 as tenants in common. If you are your father's heir,... View More
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