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Florida Real Estate Law Questions & Answers
3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: I have a Tenant who said she is not paying me rent because she lost her job during Covid19 pandemic.

I have a house that I rent out a studio. The lease was up 2 months ago and the tenant was paying month to month without me renewing the lease. Last month I caught her smoking marihuana ( she showed me her medical marihuana license) but my lease agreement states no smoking allowed so I asked her to... Read more »

Stephen K. Hachey
Stephen K. Hachey answered on Apr 5, 2020

Legally, you can start the eviction process for non-payment of rent. However, most counties will not complete the process by executing a writ of possession (aka removing her from the property) due to the pandemic.

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2 Answers | Asked in Contracts, Copyright, Criminal Law and Real Estate Law for Florida on
Q: My landlord asked me to leave during the quarantine when it first started and I am now homeless.

My County stated that no evictions are to occur

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 5, 2020

If you voluntarily left, with the intent to surrender the premises, unfortunately there is nothing you can do about it. It's not an eviction (which would have required a court action).

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: High wealth tenants and coronavirus! Interesting scenario. Your opinion?

My tenants are high wealth individuals, paying close to $12,000 per month in rent. They owned a few very high value cars, each priced above $200,000. In the past, in our direct conversation they stated that they are millionaires. A few weeks ago they mailed us a letter stating that they're not able... Read more »

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

Surely you must have a written lease, right? Read it and answer this question yourself before you do anything unwise.

1 Answer | Asked in Real Estate Law and Business Law for Florida on
Q: Can officers of the HOA encourage co-owners how to vote on Rule & Regulations changes ?

Our annual meeting was Nov., 2019. Prior to the meeting the HOA Sec. went door-to-door asking if we needed a proxy and encouraged us to vote yes on a change to the R & R regarding the min. days we could rent. The change was from 30 day min. to 60 day min. Is this something they are allowed to do ?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 2, 2020

Yes, of course. The HOA's BOD and officers are supposed to do things in the best interest of a majority of the homeowners, and so they would naturally want to "lobby" the members in support of something they are trying to do. The solution--available to all HOA members--is to seek office, lobby the... Read more »

2 Answers | Asked in Contracts, Land Use & Zoning and Real Estate Law for Florida on
Q: Hello, what kind of lawyer do i need? The county said i was in violation of code on a property that i am leasing.

I am leasing a residential property from a company. Someone made a complaint to the county that i am subletting. The county said i have seven days to fix the issue. I don't have anyone else living there. I receive no rent and all bills are in my name. I have friends stay the night often. How am i... Read more »

Charles M.  Baron
Charles M. Baron answered on Apr 1, 2020

You post is vague as to whether you were issued a code enforcement citation with a fine and/or notice of hearing, or instead just some kind of warning, without any legal consequences at the moment. If you were issued a citation, immediately consult an attorney - meaning call a law office and... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: Our COA has decided to prevent owners from accessing their own condos due to covid-19. Is this legal?
Richard Paul Zaretsky
Richard Paul Zaretsky answered on Apr 1, 2020

I can tell that you are not giving us the whole story.

I very much doubt that owners are prevented from accessing their units. But the use of the unit can be restricted. The building can decide to put itself on "lock-down" to protect its residents. in the covid-19 world, everyone must...
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1 Answer | Asked in Real Estate Law for Florida on
Q: Who has Priority?

We are considering a foreclosed home in Pasco County Fl

Party A has a final judgement on the case that states, On filing of the Certificate of Title, defendant and all persons claiming under or against the defendant since the filing of the Notice of Lis Pendens shall be foreclosed of all... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Mar 31, 2020

The question is what mortgage was of record first. From your question alone you should not even consider buying property out of foreclosure without an attorney to do a title search and represent you. It is not uncommon for an inexperienced person to buy a property out of foreclosure only to find... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: During this unusual time, if you don't pay rent can a landlord charge late fees later when you do pay?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Mar 31, 2020

In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world, while at the same time millions of small businesses and landlords are also dealing with a zillion new issues, I have... Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Is this legal? What can be done?

Hello I recently placed a deposit and 4 months for a place and was to receive the keys but says they couldn't get in contact with me and headed back to the owner because she fell ill.(Did not receive phone call, text, nor email.) Then the owner dies the next morning. (Dealing with the nephew this... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 31, 2020

If a lease was signed, you need to contact an attorney and file suit to enforce the lease.

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1 Answer | Asked in Foreclosure and Real Estate Law for Florida on
Q: What is considered a First Mortgage in the State of Fl?

What is considered a First Mortgage in the State of Fl?

Is it based by date or satisfaction?

The property in question has 4 Mortgage notes in total ranging from 2001 when the home was purchased to 2005.

The first two mortgages on the property in 01 and 03 both have... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Mar 31, 2020

Mortgages are in the priority of time. So a first mortgage would be first in time. If you have satisfied the original first or second in time mortgage(s) they are are no longer liens on your home and are no longer mortgages. So the next mortgage you put on your home would be considered at this... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: What does partion grant one owner over the other in a joint ownership issue?
Phillip William Gunthert
Phillip William Gunthert answered on Mar 30, 2020

A Partition Action is the forced division or sale of a property when two owners or more cannot come to agreement on how to divide or sell the property or buy the other party/ies out with respect to their ownership. It will take time and money as it is a lawsuit and it will cost time, money and... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: With a joint owning of a FL house, how can one sell and not the other?

This property came into my brothers' and my possesion via a will. One of us wants to sell the other doesn't. Is there a way the seller brother can get out of the ownership and not loose his equity?

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

The terms "ownership" and "equity" are related if not the same. So probably not.

If one of you wants to sell it and the other doesn't, that would be a typical reason for one of you filing a suit to "partition" the property.

1 Answer | Asked in Real Estate Law for Florida on
Q: How do I make a neighbor remove their water pump from my pond in Florida?

Pump was installed without our knowledge and they are irrigating their land with our pond water. The pond is not shared or adjoining our lots. We contracted and pulled permits in 1970 to build the pond and it is a solid 100' from their property line with us.

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 27, 2020

Does the pond also adjoin their land? If so, it's not your water; you and your neighbor share it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: I rent a room everything included could not pay the rent this month he is evicted me having problems with him he

He shut the power off I had the power turned back on in my name he came in the middle of the night took the washer and dryer and left the door wide open do I have a case

Seril L Grossfeld
Seril L Grossfeld answered on Mar 27, 2020

Turning the power off alone is a constructive eviction under Florida Law. You should consult with an attorney experienced in landlord tenant matters in your area as soon as feasible.

1 Answer | Asked in Real Estate Law for Florida on
Q: We sold our house via wraparound mortgage and buyer has stopped making payments. We still owe and continue to make...

payments to our original loan.

Is foreclosure required instead of eviction?

If so, can we do a DYI Foreclosure, i.e. - file all required documents, appear in court, etc.

I do not expect the buyer to contest the foreclosure (or hopefully, the eviction) as he cannot afford to... Read more »

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Mar 22, 2020

The answer is a foreclosure.

Filing a residential foreclosure is a mind field of regulations not to mention the law. These regulations are all to protect the borrower - not you as the lender!

Get an attorney and do it right - it should only cost a few thousand dollars plus some...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Are there any time limitations to claim a part of the property that was adjuged by the court in the state of New York?

In 1982 I got a divorce from my wife. My ex wife and our two daughters lived in the house in Suffolk county, NY. In case she sells the property I was supposed to get one third. I did not claim my portion because of the daughters, but my ex wife died in 2004, and the property was sold I believe by... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Mar 21, 2020

I would think that there is a good chance to get a portion of the proceeds. But you would have to ask a New York attorney; it has nothing to do with Florida law.

2 Answers | Asked in Real Estate Law for Florida on
Q: If the county clerk's office closes and a deed cannot be recorded, what protects the buyer?

Does the title company doing the closing hold the proceeds until the deed is recorded?

Seril L Grossfeld
Seril L Grossfeld answered on Mar 20, 2020

Usually the deed is recorded after the proceeds are disbursed. It is now possible to record deeds electronically so they are submitted for recording. You will need to check with your attorney representing you in this transaction as to your concerns of protecting the transfer of title.

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2 Answers | Asked in Real Estate Law for Florida on
Q: I live in Florida and have been approved to purchase home in GA we are approaching the closing table in 14 days

Due to the coronavirus we wish to cancel the purchase of the Georgia home and are afraid of the financial repercussions or the seller and broker suing us. Can we legally get out of the real estate contract due to the coronavirus?

Stephen K. Hachey
Stephen K. Hachey answered on Mar 18, 2020

Georgia contract = Georgia attorney. A Georgia attorney would need to review the contract for your legal options.

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2 Answers | Asked in Real Estate Law for Florida on
Q: I live in WV. My father passed away in 2013 and left his Florida home to my 2 sisters and myself. I had it probated 2013

My older sister has died and my other sister and myself want to sell the house. How do we remove her name on deed and do I need to real estate attorney

Phillip William Gunthert
Phillip William Gunthert answered on Mar 16, 2020

Very sorry for your loss and the passing of your sister, please accept my condolences for you and your family. Depending on the deed and what it says (review yourself of with the help of an attorney), it is most likely that you will have to do a probate for your sister and see what her Will says... Read more »

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2 Answers | Asked in Real Estate Law for Florida on
Q: My aunt and myself are on the deed to her house. She just died and she left everything to her nephew.

We put the deed in both our names when something like this would occur. Does the deed supersede the will as the deed was never changed because I did not sign anything updating the deed. Thank you

Vincent Gallo
Vincent Gallo answered on Mar 15, 2020

It depends upon how the date specifically wreaths.

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