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Florida Real Estate Law Questions & Answers
0 Answers | Asked in Real Estate Law for Florida on
Q: My lease States that I can give a 60-day notice to vacate but now they are trying to enforce a penalty

On the page that it states this, there's a blank where it was supposed to be filled in, what the penalty would be and it was left blank, the landlord is trying to say that not only do we have to give a 60-day notice pay the 60 days but we also have to pay 60 more days after that, however, the... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: 'Grandfathered in' legally what does this mean. It's zoning problem.

'Grandfathered in' my house was bought in1961.My mom combined 4 lots into 1 in 1988. The zoning person said that if she had did that after 1989 then I could claim that it is grandfathered in and sell two lots separately. Sounds backwards to me. Re-separating them back like before 1988... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 13, 2024

It is not clear how your mother "combined 4 lots into 1 in 1988". Did she build a single house on all four lots, or did she convey the four lots by a deed in which she used a metes and bounds description (instead of "lots __, ___, ___ and ___ of such-and-such subdivision")?... View More

0 Answers | Asked in Estate Planning, Probate, Family Law and Real Estate Law for Florida on
Q: Is there any help with probate for people without income? Any pro-bono available?

I just lost my dad at the end of May. He did not leave a will. He had a house, a vehicle & some funds. The house & the vehicle were only in his name. His 2nd divorce took everything he had built for trusting his spouse. Now it seems his ex wife is trying to take the little she left him with... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Florida on
Q: We made a Lease-purchase agreement with the owner of the house we live in.The city will condemned the house in ten days

What can we do to stop this process of eviction

Linda Liang
Linda Liang
answered on Jun 12, 2024

It's not eviction when City condemns the property. I don't believe you can stop this. But you may find remedy available to you in the lease.

0 Answers | Asked in Personal Injury and Real Estate Law for Florida on
Q: My college moved me into a dorm infested with roaches. Can I sue?

I moved into my current dorm over a month ago. When I moved in I saw it was infested with roaches and not properly cleaned since the last tenants, toe nail in the medicine closet dust and grime everywhere. Dead roaches under the fridge, broken furniture. I told them I wouldn’t move out of my old... View More

0 Answers | Asked in Real Estate Law for Florida on
Q: House question A house in Florida was under contract with buyer 1 with a contingency over 60 days causing a closedelay

They updated the listing to include a 3-day knockout clause. We submitted a backup offer on Tuesday. The sellers agent did not present our offer until Friday which started the 3-day process for the contract buyer 1 to find a buyer for their property.

Sunday the sellers agent said that... View More

1 Answer | Asked in Construction Law and Real Estate Law for Florida on
Q: I’m a NY resident buying new construction in Florida. What are rules around using escrow $$ for developer const costs

We were advised that developers “CANNOT” use funds from a NY buyer on a Florida purchase. Can you confirm? Thx

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Jun 10, 2024

Unfortunately, no attorney here on Justia can address the situation posed here without a review of the contract for purchase and sale and any agreement with the escrow/closing agent. In general, there is no prohibition on out of state buyers purchasing property in Florida, although recent... View More

2 Answers | Asked in Real Estate Law and Probate for Florida on
Q: In Florida, do you have to make payments on house mortgage while it’s in probate?

No will, three heirs, in Florida, mortgage on home, in probate, do you have to make payments on house mortgage while it’s in probate?

James Clifton
PREMIUM
James Clifton
answered on Jun 8, 2024

Yes, the mortgage must be paid at all times or the property will be placed into foreclosure. If the estate does not have money to pay the mortgage and a foreclosure is filed, you will need to get an answer filed to the foreclosure so that you will have enough time to sell the property.... View More

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1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: Can the executor who was appointed by the heirs as there was no will for an estate,

Can the executor who was appointed by the heirs as there was no will for an estate, not show bank documents, and use bank funds to fix up a house instead of selling as is if the heirs aren’t in agreement of it? This is in florida

James Clifton
PREMIUM
James Clifton
answered on Jun 8, 2024

Here are some key points regarding the duties of a personal representative (the person in charge of handling the estate) and the rights of heirs in such situations:

Duties of the Personal Representative

Fiduciary Duty:

The personal representative has a fiduciary duty to act...
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0 Answers | Asked in Real Estate Law for Florida on
Q: Hello. Due to a major life change, I am currently in between jobs and I can’t afford my rent anymore. How do I leave?

I looked at the lease and I would have to pay about $4 grand to leave which I don’t have the money for because I have other bills to pay. What are my options? My apartment doesn’t allow subletting unfortunately. Thanks.

0 Answers | Asked in Real Estate Law for Florida on
Q: If someone purchases a condo in Florida can the HOA delay access to amenities key that the new owner is paying for?

The previous owner was in collections for not paying HOA dues in time. However, at closing, the HOA fees and late fines were all paid. No lien on title. We now have signed deed and the HOA is delaying us access to the amenities that we are paying for (in fact we paid for our upcoming quarterly fees... View More

0 Answers | Asked in Real Estate Law for Florida on
Q: A person ran off and left all their stuff at my house and storage unit, 10 months ago.

They have never spoken to me in the months following and have never paid a dime towards the storage unit, which is in my name, and they are now demanding I allow them to go through the unit and retrieve, supposed tangible property, they state are in the unit. This was a joint storage unit for... View More

0 Answers | Asked in Real Estate Law for Florida on
Q: Can a seller remove a property from being considered for purchase by a ROFR holder in Florida?

Is there a particluar form to use when listing the terms and conditions of the sale to a ROFR holder?

0 Answers | Asked in Real Estate Law, Workers' Compensation, Civil Litigation and Civil Rights for Florida on
Q: In Florida can you be trespassed from somewhere you have never been or havent been in over 1 year?

I got a trespass warning tuesday from a location I have never been, and all the statutes it sources say you were already on the property without consent, and based off of the wording in chapter 810 (burglary and trespass statute) I needed to be on the property and asked to leave, or told I'm... View More

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: What is a "reasonable fee" for a letter sent by the attorney's office representing my HOA?

The letter indicates a covenant violation for failure to touch-up the paint on the exterior of my house and demand's that I remedy the violation within 30-days of the date on the letter and pay them (the attorney's) for legal fees of $2,071.40. This seems exhorbanent for a letter. Can you... View More

0 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Florida on
Q: A) Can I break my lease? B) Is there grounds for a class action suit?

The elevators have been down for six days and counting, I live on the 23rd of 33 floors—medical emergencies are more life threatening than normal, and our ability to go about our lives is hindered. This problem has been going on since the building changed owners three years ago. One property... View More

1 Answer | Asked in Real Estate Law for Florida on
Q: I can-t find a real estate -l itigation and Closing Lawyer in Collier County! Can you give me the Address of one?

My Case Number in Collier County of the twenties Circuit is: 2023-CA-309.

Jacqueline Alicia Salcines
Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2024

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