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Florida Real Estate Law Questions & Answers
Q: Inheriting property with squatters forging lease, need help.

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

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: What date is considered the ownership transfer of commercial property?

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

Anthony M. Avery
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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.

2 Answers | Asked in Foreclosure, Animal / Dog Law, Civil Rights, Civil Litigation and Real Estate Law for Florida on
Q: Animal control took my horses during foreclosure without abuse allegations. How do I retrieve them and hold people accountable?

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

Barbara Billiot Stage
Barbara Billiot Stage
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...
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Q: Received cease and desist from HOA about tenant marijuana use; should I share proof of notification email?

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

Barry W. Kaufman
Barry W. Kaufman
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.

1 Answer | Asked in Construction Law, Contracts, Arbitration / Mediation Law and Real Estate Law for Florida on
Q: Pool contract delays: How can I get contractor to finish work?

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

Tim Akpinar
Tim Akpinar
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

Q: Help with ex-boyfriend's harassment and legal accusations in Florida.

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

1 Answer | Asked in Real Estate Law, Estate Planning and Tax Law for Florida on
Q: Will a trust prevent property tax reassessment on inherited Florida lakehouse than a Lady Bird Deed?

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

Phillip William Gunthert
Phillip William Gunthert
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

1 Answer | 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

Jacqueline Alicia Salcines
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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

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: How can I get an official address assigned to my raw land in Florida?

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

1 Answer | Asked in Divorce, Family Law, Contracts and Real Estate Law for Florida on
Q: Could my husband claim equity in a condo he quitclaim deeds to me if we divorce?

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

Rand Scott Lieber
Rand Scott Lieber
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

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: How should I handle a tenant's request for refund of security deposit after breakup and not moving in?

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

Barbara Billiot Stage
Barbara Billiot Stage
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.

0 Answers | Asked in Landlord - Tenant, Cannabis & Marijuana Law and Real Estate Law for Florida on
Q: Can I use a marijuana-scented candle in government housing in FL?

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.

1 Answer | Asked in Probate and Real Estate Law for Florida on
Q: How to deposit mortgage insurance refund check after mother's passing?

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

Lauren Nagel Richardson
Lauren Nagel Richardson
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

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Seeking options for zoning variance for RVs on recently changed property.

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

2 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?

Jacqueline Alicia Salcines
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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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0 Answers | Asked in Criminal Law, Landlord - Tenant, Civil Litigation and Real Estate Law for Florida on
Q: How can I address door lock tampering and suspicious neighbor behavior in my Florida condo?

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?

0 Answers | Asked in Construction Law, Contracts and Real Estate Law for Florida on
Q: Will the Release Of Lien form in FL Statutes 713.20 protect me from GC and subcontractors' claims after payment?

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

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How to transfer deed from revocable trust in Florida?

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

Phillip William Gunthert
Phillip William Gunthert
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

0 Answers | Asked in Gov & Administrative Law and Real Estate Law for Florida on
Q: How to challenge HOA decision on privacy panels differing from fences?

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

2 Answers | Asked in Divorce, Family Law, Probate and Real Estate Law for Florida on
Q: Can I live in a house my parents' divorce decree says is for me after my dad passed?

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

Lauren Nagel Richardson
Lauren Nagel Richardson
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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