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Florida Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Does a text message meet the written notice requirement?

We are month to month Tennants and the office is currently closed due the Pandemic. We are currently receiving text messages from the management team providing us Tennant's with updates, policy changes etc. Can we provide our intent to vacate premises (teminate month to month agreement) by... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jul 9, 2020

READ YOUR LEASE. If the lease requires you to provide notice by carrier pigeon, you need to send it by carrier pigeon. It probably requires you to send it by certified mail, return receipt requested to a specific address. Don't assume that the payment address is the notice address. Updates and... Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Am I owed compensation for concessions promised in my apartment lease that are not being provided due to COVID-19?

My apartment lease agreement had incentives including a one-year Brightline train pass. Due to COVID-19, the train has not been running for 3+ months. The value of a train pass is roughly $450/month when paying on a regular monthly plan. Since this is a benefit that was in our lease as an incentive... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

Yes, depending upon the specific language in the written lease. Hire a lawyer to advise you.

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1 Answer | Asked in Criminal Law, Federal Crimes and Real Estate Law for Florida on
Q: I was helping a friend move the roommate headbutt me. I called the cops and pressing charges can I sue her?

What would be the course of action? And what can I do being that I was assaulted? What type of lawyer do I use. TY!

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 4, 2020

Yes, you can sue, if you have suffered bodily injury and resulting damages (medical expenses, etc.).

1 Answer | Asked in Real Estate Law for Florida on
Q: My wife and I want add our daughter’s name to the deed for our home still mortgages. In Florida, what are the steps?
Phillip William Gunthert
Phillip William Gunthert answered on Jul 4, 2020

Contact the mortgage company regarding due on sale/transfer clause issues, contact the insurance company for the home, contact the county tax collector regarding document stamp issues/sums, determine if a quitclaim deed will be sufficient, if this is your primary residence "homestead",... Read more »

1 Answer | Asked in Real Estate Law and Small Claims for Florida on
Q: Condo law question. Seeking reimbursement from HOA mgr

I own a condo in FL and the management office had contacted me many times stating that the unit below me was experiencing water damage from my condo bathroom. Since I live out of town I asked the mgr who phoned me to have condo maintenance handyman inspect. Maintenance eported back that there was... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 3, 2020

Yes, you can ask for reimbursement. Hopefully you have documentation from the condo maintenance handyman.

2 Answers | Asked in Real Estate Law for Florida on
Q: I purchased vacant land on eBay, should receive warranty deed next month. There appears to be a house on it.

What ownership rights do I have? Their are also some small buildings, and heavy equipment and trucks and tractors.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 29, 2020

When and if you do receive the deed, you will also own whatever buildings are on it. The personal property is another matter. You can consider it abandoned, when you get the deed, and use or dispose of it. Be sure to ask for titles to vehicles. Be sure to record the deed.

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2 Answers | Asked in Real Estate Law for Florida on
Q: Dad is refinancing home and mom is not on title. It says he is a married man on it. Title is joined with daughter.

Joint tenancy with right of survivorship. Does wife has any rights to the house?

Phillip William Gunthert
Phillip William Gunthert answered on Jun 26, 2020

In Florida she likely does if it is their homestead and she did not sign a pre-nuptial or post-nuptial agreement or signed any waiver towards the property. Spouses have very substantial rights in both divorce and probate. I would encourage you to speak with an estate planning attorney if this is... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: 40 acres of vacant land signed contract on my first offer. I paid escrow n seller wants an addendum to contract.

I acknowledge the property is zoned environmental and can’t build on it . Do I have to sign and if they back out of contract what’s my recourse ?

Seril L Grossfeld
Seril L Grossfeld answered on Jun 25, 2020

Without reading the contract and proposed addendum cannot respond to your question. Suggest you take these documents to a real estate attorney in your area to review.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: If my uncle passed n his last living sibling passed b4 him n I'm the niece am I entitled to anything?

The party that did the paperwork didn't know the other sibling had passed or had any children so im not listed what can I do? Plus the law firm representing the other party wanted me to answer questions pertaining my father which was the sibling that passed b4 my uncle should I answer them or not?

Mr. Long H. Duong
Mr. Long H. Duong answered on Jun 24, 2020

You need to hire an attorney to make sure your rights are established. It appears as though you may have an interest based on the few facts you've given as well as the fact that the attorney is asking you questions.

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1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: I need help pertaining to my late uncle's estate which I think is now n probate?
Anthony M. Avery
Anthony M. Avery answered on Jun 24, 2020

You probably need to hire a competent attorney in Florida to: check to see if there is a probate administration; check real property records for any ownership by the Uncle; then possibly represent your interests in the Decedent's property.

1 Answer | Asked in Real Estate Law for Florida on
Q: When the pandemic started i lost my job. Havent payed rent. Havent gotten an eviction notice. what can i do?

As soon as i lost my income i couldnt pay rent so i just stopped. I never got a phone call or a visit. A few months later the realtor shows up and claims hes been calling me. The owner was on the phone and was cursing and calling me a deadbeat. Told me to pay or get out.

Seril L Grossfeld
Seril L Grossfeld answered on Jun 22, 2020

There are local programs which offer assistance in paying rent, in addition to the enhanced federal unemployment benefits. As of right now evictions are stayed and if filed the clerk cannot issue writs of possession, meaning even if you are evicted you cannot be removed at the moment. This may... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: How can I find out if the home my sibling and I inherited is "joint tenancy" or "tenants in common".

My sibling and I inherited a home and I am trying to figure out what kind of tenancy we have. I have the general warranty deed but the is no indication or say anything that refers to my inquiry. I called the Register of Deeds department and surprisingly they could not provide any information as I... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Jun 22, 2020

If there is no indication of the type of ownership on the deed you are tenants in common. If you wanted to be joint tenants with right of survivorship, or some other type of ownership you would need to go to a real estate attorney to draft a quit claim deed which you and your sibling would need... Read more »

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3 Answers | Asked in Real Estate Law and Small Claims for Florida on
Q: We purchased a foreclosed house, but are unsure if we need to send a 3 day notice for eviction.

We recently purchased a foreclosed property in Palm Beach County, Florida. There are squatters currently occupying the house, and we are attempting to evict them. We were issued a self service packet with forms for unlawful detainers. The forms mention nothing regarding a 3 day notice, nor do they... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 22, 2020

No; unlawful detainer actions don't require 3-day notice as otherwise required by Florida Statute 83.56 (3). Florida Statute 82.03 provides that

"... (1) A person entitled to possession of real property, including constructive possession by a record titleholder, has a cause of...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: Can a HOA Board vote to suspend/waive any mandatory assessments as a gesture for COVID-19 relief to its members?

We are a mandatory HOA with properly recorded CC&R, Articles of Incorportation, and Bylaws. There is nothing listed in the Powers of the Board section that allows the Board, at its discretion, to waive the collection of any mandatory assessments. I was just appointed as treasurer and the... Read more »

Natalia Ouellette
Natalia Ouellette answered on Jun 18, 2020

If the operating restrictions, bylaws, and articles do not grant the Board such discretion and the HOA members and Board have not established such authority by vote and adoption of said provisions then yes, it is likely that a fiduciary duty to the association is being breached by the members of... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: I have recently signed a new lease agreement here in Florida (May13). I pay my deposit and my prorated 1st months rent.

I start moving in and realize the air conditioning doesnt work. I immediately call the property management company to inform them. This doesnt get fixed for 18 days. I didnt have anywhere to stay since I gave the money I had to the property management for rent and a deposit. I ended up staying at a... Read more »

Natalia Ouellette
Natalia Ouellette answered on Jun 18, 2020

Florida statute requires you send notices of items that need to be repaired in writing to your landlord. Once they have received written notice, they have 7 days to cure the deficiencies in the property.

83.51 Landlord’s obligation to maintain premises.—

(1) The landlord at...
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1 Answer | Asked in Real Estate Law for Florida on
Q: I have a tenant that ask to break a lease we agreed since out of neglect they burnt up our a/c unit

Also they were late on their rent last year 7 times

Natalia Ouellette
Natalia Ouellette answered on Jun 18, 2020

Not sure what you are asking here. If you both have come to a mutual agreement to an early termination of the lease, get it in writing, be clear on the terms, including moneys owed and time period for vacating the premises.

1 Answer | Asked in Real Estate Law for Florida on
Q: can a sellers agent back out of purchase agreement without filing proper documentation? Now accepting new offers

We signed a purchase and sales agreement in April. It was contingent on us selling our current home. The seller on the property we are under contract to buy gave us a time frame. We had our house under contract then the buyer backed out. Last we were told by the seller is that we would have 2... Read more »

Natalia Ouellette
Natalia Ouellette answered on Jun 18, 2020

It is notice of cancellation of the contract in writing. Nothing in standard Far/Bar contracts require specific forms be used. If you all could not close by the date on the contract stated for closing, then yes, they had the right to terminate the contract and an email is a writing.

4 Answers | Asked in Contracts, Real Estate Law and Business Law for Florida on
Q: Is it legal to enforce a year office lease repetitively over 12 years?

Never been late a payment, assumed the agreement was month to month, never notified otherwise or paid any additional and never was given a new lease to sign. They said it is in the contract that it auto renews each year (12 years ago, who knows?). Is that legal for them to keep me in a contract... Read more »

Charles M.  Baron
Charles M. Baron answered on Jun 9, 2020

You must read your 12-year old lease to determine if it has an auto-renewal clause, which CANNOT legally say (in layman's terms), "This auto-renews whether you like it or not!" (If it were to have that, it would be unenforceable.) My guess is that it says that the lease auto-renews... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law and Small Claims for Florida on
Q: Dad died verbal give house mom verbal agree House mine. I have recording. Mom want to evict.
Phillip William Gunthert
Phillip William Gunthert answered on Jun 5, 2020

Verbal is not written and it is not a Will or Trust and it is not a deed and it is not even what Florida Intestate Statutes (without a Will) state. I think you have a real problem here as parents are allowed to change their mind and verbal promises and change their estate planning Will, etc.,... Read more »

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