Lawyers, Answer Questions  & Get Points Log In
Florida Real Estate Law Questions & Answers
2 Answers | Asked in Elder Law, Real Estate Law and Probate for Florida on
Q: What rights do I have living in the home of my partner who passed away? Children now own the house and

Probate has started. Can they come into and unto the property whenever they want or do they need to make an appointment with me?

Phillip William Gunthert
Phillip William Gunthert answered on Jan 25, 2022

I am very sorry for your loss on the passing of your partner, please accept my sympathy and condolences at this sad and difficult time. I would encourage you to check what the property deed says, Will and or Trust if any of those exist or if you know you were named or put on the deed. If you know... Read more »

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: i purchased townhome in FL 7 years ago with a back porch. the hoa demands the permit now. the porch was buildt during c

construction in original build. hOa has no documents nor does the town. how am i responsible

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 24, 2022

Generally, the HOA only has five years to bring an action but there are exceptions, especially if the HOA could not see the back porch from the street. With satellite photographs becoming more easily accessible through county websites it could be the HOA only discovered it within the past five... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I would like to know if the hotel I stay at can keep making me switch rooms, I was in the one building where there is

Mold n Roaches and bad plumbing, I pay 674 a week for the room, they move me to a different room because of the plumbing back up, now they want me to move back to that room where the mold n roaches are. I don’t want to move, I was told I had to move back to the room I was in, I had no choice.... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 24, 2022

Sure. You can move to a different hotel.

0 Answers | Asked in Real Estate Law for Florida on
Q: Does a notification of “all provisions in the previous lease remain the same” constitute a new lease offer?

Our landlord sent us a notification that our rent would be increasing at the expiration of our own than current lease, with a notation that “all other provisions in the lease remain the same“.

The previous lease was for 12 months, no new lease was given to us, but we were also not... Read more »

0 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: My sister’s son and I want to purchase a home for my sister. We found a cash deal in a nice manufactured home community.

My nephew and I were going to solely be on the deed but the community wants her name on it as well. How can we avoid being liable for any potential creditors she may incur in the event of her passing (medical bills, credit cards etc) while adding her name to the deed in Fort Myers FL.

0 Answers | Asked in Real Estate Law for Florida on
Q: I own a home with my sister in Florida. I moved out 9 months ago due to us not getting along. Now we are selling

I have been paying half of what is owed. I was told I should get the money back in the sale. Is that correct?

1 Answer | Asked in Real Estate Law for Florida on
Q: Can a lawyer withdraw from a real estate sale and still charge for the part he has done?

In the State if Maine?

Jane Kim
Jane Kim answered on Jan 20, 2022

I am not licensed in the state of Maine, not sure why you posted this question under Florida, but I would assume it is the same in all states, a lawyer may charge for the work actually performed. Why not? There is no compulsion to perform free labor unless it is through a pro bono clinic or some... Read more »

0 Answers | Asked in Real Estate Law for Florida on
Q: Can my landlord show my place during COVID while I'm still living in it?

I live in Miami, FL, and I still have two months to end the lease. My landlord has already started bothering me with messages imposing that I have to show the apt otherwise he won't pay me back my deposit.

1 Answer | Asked in Real Estate Law for Florida on
Q: I asked my golf course association for copies of all my records VIA FOIA and was told I had to have attorney ask ONLY

My golf club didn't follow Florida statute 720.305, suspension of 1 year without interviewing me and was done in 3 days.

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 17, 2022

It depends on if your golf club is paid for with your annual HOA assessments or if it is operated independently. You would need to have an experienced association lawyer review your HOA documents if you are unsure. If you are sure it is paid for with your annual assessments and there is no... Read more »

0 Answers | Asked in Real Estate Law for Florida on
Q: Can I break my lease without legal ramifications?

I moved into an apartment complex a few months ago, but I am now aware about how the building is completely neglected and is only getting worse. The building has negligence and code violations written all over it. Here is a list of issues: there are no handles on most of the doors in the stairwell... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: I'm a landlord in Florida. I just passed Florida real estate exam. My real estate license status is current inactive.

I didnt sign up with any broker yet. My tenants want to renew for another year. Should I disclose in lease agreement I'm preparing myself for my own lease that I'm real estate sales associate even though my license status is inactive? Also how do I sign the lease owner, landlord and real... Read more »

Jane Kim
Jane Kim answered on Jan 15, 2022

It is nice that you passed the test, but you are not a sales associate yet and you are not allowed to claim a fee until you have an active license which is associated with a broker. Simply lease it as an owner/landlord and do not claim a fee for that.

0 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: If I am highest bidder at a foreclosure auction, can I live in the home even if a lien remains?

I am a tenant of a home in Miami that was first foreclosed on 2019. $77k was the highest bid, but the lien is for $589k. The house is again being foreclosed on this month. The $589k lien is still there. I want to be high bidder and stay in the home, but it’s not worth $589k. I’m hoping it... Read more »

0 Answers | Asked in Estate Planning, Real Estate Law and Municipal Law for Florida on
Q: I filled a unlawful detainer on my ex girlfriend. She had not compiled with her side or reasoning in giving time frame.

Now a month later we're done again and I want her gone now what moves can be made and how might she counter him to plan a move for her and belongings?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: if 4 heirs agree to sign affidavits to give a house to 1 heir can the court make them sell the house at market value?

same question concerning a truck. Initally the estate lawyer said everyone could sign over their portions to 1 heir but now they are saying that even tho everyone is in agreement that the court is saying we have to sell at market value. Is that correct since everyone is in agreement?

Justin  Stivers
Justin Stivers answered on Jan 18, 2022

If I understand you correctly, there are a total of four heirs who are going to receive a home from a probate estate. Three of the heirs want to give the home to one of the heirs. Assuming that is correct, then no, I don't believe a judge would require you to sell the house a fair market... Read more »

0 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Florida on
Q: Can a city inspector change comments on an inspection weeks after the inspection was completed, without reinspection?

We failed an engineering inspection on a new inground pool we paid to have built. The comment related to a swale area not being constructed to plan. The pool company claimed the swale was to plan, and has asked the city inspector to update the comment to reflect that grass and lanscaping need to be... Read more »

3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: To chg home deed to me, (hubby died), Court: “just send new deed:warranty/quit claim/lady bird - can’t advise on which.”

Plus fees, death certificate. All I need to do. Just need to know which of those 3 deeds to send, pls.

Barry W. Kaufman
Barry W. Kaufman answered on Jan 12, 2022

You need to actually retain an attorney to make this decision. This is not something that any lawyer on the internet can advise you on.

View More Answers

1 Answer | Asked in Real Estate Law for Florida on
Q: What is the best way to gift a property?

My parents want to add my name primary on a home they own and keep them as secondary so we can homestead the home in my name? What is the best way to do this?

Jane Kim
Jane Kim answered on Jan 12, 2022

There is no primary or secondary as it relates to the homestead exemption. Each owner must file for homestead exemption. The easiest way to transfer property between family is by a quitclaim deed, but that's not always wise.

1 Answer | Asked in Personal Injury and Real Estate Law for Florida on
Q: Can our HOA board controlled by Builder make us sign release to be on transition committee?

....and assigns release, waive, acquit and forever discharge and hold harmless Property Name, Inc., and each of its, successors, assigns, members, officers, directors, employees, agents, managers, management companies, servants, heirs, executors, administrators, insurers, attorneys, and persons,... Read more »

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 11, 2022

They can always ask but you do not have to sign it. I would recommend you not sign it without having a lawyer review the entire document, which may not be worth the cost, considering you are volunteering.

Developer-controlled HOAs will do or say anything because they are counting on you not...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: To transfer house deed to me, (husband died), I need a new deed. Which, warranty, quit claim, or lady bird is correct?

And I need to send in his death certificate.

Michael  Mayoral
Michael Mayoral answered on Jan 11, 2022

I hate to not give you a simple answer on this, but it depends on a number of factors. You should contact a "probate" attorney in your area. That's the type of attorney who deals with transfers of property due to the death of a person.

1 Answer | Asked in Real Estate Law for Florida on
Q: My husband died recently. He did not have a will. Will his death certificate be enough to sell the house.
Phillip William Gunthert
Phillip William Gunthert answered on Jan 10, 2022

I am very sorry for your loss on the passing of your husband, please accept my condolences. The answer to your question is maybe. You will want to get of the property deed and review it with the help of an attorney/probate, if the property was held as tenants by the entirety (husband and wife) the... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.