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I'm ready to file my complaint with the courts and I'm not sure if I should add my children as plaintiffs
answered on May 18, 2023
There would be a question as to whether minor children have the capacity to sue. Your complaint could indicate that you are suing in their behalf, if that is material, but it probably shouldn't name them as plaintiffs. Also, assuming that you are not licensed to practice law, you can't... View More 
The house is in his name only but I am a successor in interest, he bought it when we were together but not yet married, I have been paying the mortgage by myself for over a year. What can I do to protect myself and kids from becoming homeless unexpectedly?
answered on May 13, 2023
If you are married and living in the house then you have a marital interest in the house and cannot be evicted. Your remedy (protection) would be to file a divorce action in family court. This will help you enforce the legal rights of you and your children. Speak with a local family attorney for... View More
I live in a household that was converted into 3 separate apartments. It has come to my attention that the owners never registered the property has a multifamily household. Power constantly trips and my internet was disconnected because the new tenants added internet services and since their lease... View More
answered on May 4, 2023
If it is not zoned for multifamily and the owner did not obtain a variance and/or permitting to allow the different use, both you and the landlord have a problem, but you would then have remedies against the landlord. Code enforcement could order a prompt cessation of the multifamily use. The... View More
I moved into my home in December. I have a family emergency and need to leave the state. Is there any way to rent my home before the said amount of time
It’s supposed to be owner occupied
answered on May 4, 2023
You own it and there is some sort of restriction requiring that it be owner-occupied.? It would depend on what the nature of that restriction is. For example, if there is a restrictive covenant prohibiting owners from leasing to tenants, your neighbors could in theory sue you for violating those... View More
We have been renting a place for many years. The first lease states first and last months rent and a security deposit. subsequent leases state only the rent payment and additional deposits to add to the initial security deposit. It does not say anything about the last months rent being paid. I am... View More
answered on May 2, 2023
Presumably, the landlord still has the last month's rent. If so, no.
This is in Florida. I have lived here more than 10 years and he had my mom sign a quit claim deed 2 weeks before she died, however she was heavily medicated and in hospice. Last week he told me he wants my kids and I to move so he and his new family can have the house. He has never invested a... View More
answered on Apr 29, 2023
Presumably your mother died four years ago. Obviously, you are aware that there is an issue with the quitclaim deed. The statute of limitations for adverse possession is seven years, but all the detail you give about your taking care of the property expenses, your brother rarely visiting the... View More
Us stay the night there after writ was served. Does the owner have to file a new eviction.
answered on Apr 25, 2023
If I correctly understand your question, the writ provided that you would be required to be out 24 hours after being served with the writ. If you have not left yet the peace officer who served you with the writ should compel you to leave within the 24 hours. But no, a new eviction isn't... View More
Am I privy to lease used on 3/7/2023 and able to elect which one I want? The mobile home park at time was in process of possible sale and seems I got caught in some behind the scenes dealings. My realtor said to buy when I did as I would be grandfathered into current lot rent and current lease. I... View More
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answered on Apr 21, 2023
From my NY perspective, it seems that if you did not accept the original offer and sign the original agreement before they changed the offer and asked you to sign a different agreement, it's up to them whether to honor the original deal. But I see no legal requirement that they do so.
broke the fire alarm from a punch in the wall. is there any chance I could just leave before the contract end? I live in Orlando Florida and my contract ends in the end of july
answered on Apr 19, 2023
By "contract", I assume you mean a lease, but it's unclear from your inquiry whether your landlord is the roommate or someone else. Either way, there is a procedure under Fla. Statutes Section 83.51 for a written 7-day "cure" notice giving the landlord 7 days to comply... View More
I live in an apartment complex in Jacksonville FL where I saw on Friday night, someone getting gurney into an ambulance with a bullet hole in his head. His family was screaming and crying. I was up all night watching as police, ambulance and CIS came. It was a scene. Today I saw them cleaning it up... View More
I live in Florida and i was previously staying at an airbnb but later ended up paying the owner through cashapp to stay there. He ended up going ghost so I stayed there 20 days longer before i ended up getting an apartment. Do i have to pay him for those days even though he went ghost. I thought he... View More
answered on Apr 13, 2023
Consult a landlord-tenant attorney in your area. The issue here is your agreement. If it was to stay until a particular date, then you will owe rent for the holdover days and might legally owe double rent. Also, if you decided you would stay there without a private bedroom, and could have instead... View More
Doesn't that breech confidentiality rights?
answered on Apr 9, 2023
No, generally, you don't have any "confidentiality rights" in this regard.
Can the new owners make me leave without giving g me something in writing? Some tenants are being allowed to stay but previous owners told the new owner we were behind d on rent. im assuming that's why he wants us gone. Told us if we don't move our stuff he will bulldoze it into a pile.... View More
answered on Apr 8, 2023
The tenancy cannot be legally terminated without written notice unless the landlord is merely refusing to renew your lease. How many days notice must be given depends on the type of tenancy you have (lease? month-to-month? week-to-week?), as well as on whether your county has a local ordinance... View More
answered on Apr 4, 2023
Yes, you can sue someone in Florida for damages owed under a New Your contract. However, it appears that the defendant would have a (Florida) statute of limitations defense.
I was the executor of my father's will. He owned a non-homestead house in another county. I filed a probate case and was deeded the home after disposition. A half sibling (step brother to my father) has been living in the home for 17 years and was on the mortgage (not the deed). I am now... View More
answered on Mar 20, 2023
The step-brother may have been paying the mortgage and might have a claim for those payments as well as any money he invested into maintenance and repairs if he was not paying rent. It seems a bit unusual to me that he was on the mortgage but not the deed. Usually someone signs a mortgage to... View More
as the Rats, he tells her it will cost in rent increase. Landlord even had professional at house about the rats but landlord won't pay to fix holes. Is there anything the renter can do?
answered on Mar 11, 2023
Answering the question, so you can advise your neighbor, would be the unauthorized practice of law on your part, a felony. Let your neighbor handle her issue with the Landlord, if she needs help finding an attorney, help her do that. Then leave it be.
What can I do to stop them from ever entering the property again.
answered on Mar 8, 2023
1. Give written demand to leave (either immediately or give a deadline of your choice), and keep a copy; good to give verbal demand as well;
2. If the person refuses, read Fla. Statutes Section 82.035 (which is online) - that provides a remedy of having the police order the person to... View More
I own a home in manatee county Florida. I allowed my partner to move in with me. He pays half the bills in form of a rent check to me monthly. He also paid half of getting my main electrical box replaced ($2900.00).
answered on Mar 7, 2023
Were you to sell your house, he would be invisible to the title company, as he is not on the deed. He would not be entitled to share the profits of the sale, as he would be if he co-owned the home.
Whether he can sue you for some amount as compensation for the contributions he has made, and... View More
How can a judge issue a final judgement without giving us a chance to present the case? The owner along with a tenant contracted for construction to the rental unit. All invoices presented by contractor were paid. Owner was later presented with a bill from a subcontractor, no contract or... View More
answered on Mar 7, 2023
Sounds like the default was entered due to someone's error, which may have been made due to failure to consult an attorney. In small claims court, an LLC does NOT need an attorney to represent the LLC if the proper documentation is prepared to authorize an eligible person to engage in the... View More
I am a paraplegic confined to a wheelchair and they have "half assed" this request as if they have no consequences for doing so.
They have begun a surreptitious attempt to make complaints against me in retaliation. Please help.
answered on Mar 6, 2023
My advice is to consult an attorney who has experience with, or focuses his or her practice on ADA issues.
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