Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Florida Real Estate Law Questions & Answers
1 Answer | Asked in Construction Law, Contracts, Arbitration / Mediation Law and Real Estate Law for Florida on
Q: Pool contract delays: How can I get contractor to finish work?

I signed a pool construction contract in June 2024, and despite making payments totaling nearly $100,000 and having written records, the pool is still not completed. The contract specified a completion timeline of 16-18 weeks, but it has been nearly a year. The contractor does not respond to my... View More

Tim Akpinar
Tim Akpinar
answered on May 12, 2025

A Florida attorney could advise best, but your question remains open for a week. You ask about what type of attorney - your starting point could be to reach out to civil litigation attorneys with experience in contract disputes/construction contract disputes (depending on the technical complexity... View More

Q: Received cease and desist from HOA about tenant marijuana use; should I share proof of notification email?

I received a cease and desist letter from my HOA attorney, stating that my tenants have been smoking marijuana, affecting other homeowners. Other homeowners have mostly made verbal complaints, with one formal written complaint. My lease does not specify terms regarding smoking or drug use. I have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 8, 2025

yes, you should share the notice to your tenants. There's no privacy concerns. As the owner of the unit, you are the one whose life the HOA can make most miserable, and financially difficult. It makes no sense to not cooperate with the HOA.

1 Answer | Asked in Real Estate Law, Estate Planning and Tax Law for Florida on
Q: Will a trust prevent property tax reassessment on inherited Florida lakehouse than a Lady Bird Deed?

In Florida, my mother currently pays very low property taxes on her lakehouse, which is not her primary homesteaded residence. She has a Lady Bird Deed set up to transfer the property to me upon her death. However, I am concerned that the property will be reassessed and the property taxes will... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 7, 2025

The Trust and the Enhanced Life Estate Deed (Ladybird Deed) if property drafted generally will not have any impact on the property taxes as the property would usually continue to be owned and controlled by your mom during her lifetime. Your current estate planning attorney should be able to address... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Tenant incarcerated, how long before property is considered abandoned?

I'm a landlord and my tenant is currently incarcerated, serving a 5-15 year sentence, and has been in jail for 6 months. We had a month-to-month oral lease agreement. I've attempted to contact the tenant about their belongings and they expressed not wanting their family to have them. How... View More

Jacqueline Alicia Salcines
PREMIUM
Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 6, 2025

Florida statutes states that if the tenant is absent from the property for half the time of the term, then it can be considered abandoned. So if the tenant pays from month to month and has been gone for 15 days, then it is considered abandoned. In this case however since you know the tenant is in... View More

1 Answer | Asked in Probate and Real Estate Law for Florida on
Q: How to deposit mortgage insurance refund check after mother's passing?

My mother passed away and named me as her Personal Representative in her Last Will and Testament. There is no probate involved because her home is upside down in payments. I am handling tasks based on the will, and there are no legal restrictions on her bank account. I've put a freeze on the... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on May 6, 2025

If the refund check is less than $75,000, then you can open a summary administration and get an order to reissue the check to the heir. If it is more that $75,000, then you would have to open a formal administration, get appointed as the personal representative, and then use the court order to open... View More

1 Answer | Asked in Divorce, Family Law, Contracts and Real Estate Law for Florida on
Q: Could my husband claim equity in a condo he quitclaim deeds to me if we divorce?

I am a married woman living in a condo in Daytona, FL, which my husband bought before our 1.33-year marriage; he is the sole owner on the deed. We have no prenups or postnups, and the condo is homesteaded with no liens. He wants to sell it to me, and I've been contributing to expenses.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 6, 2025

To properly protect yourself you would also want a postnuptial agreement making it clear that the property moving forward would be your non-marital asset. Otherwise, if the two of you continue to live in the property together as time passes he may acquire an interest in the equity by virtue of the... View More

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: How should I handle a tenant's request for refund of security deposit after breakup and not moving in?

I am a property manager in Florida and recently faced a situation regarding a security deposit. I received a security deposit in March from a prospective tenant to secure an apartment that I was preparing. After turning over the apartment, it was ready by April 16th. The prospective tenant delayed... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 6, 2025

You have to have the landlord consult with a lawyer to figure it out. You cannot provide legal advice to the landlord and you should not be making legal decisions for the landlord.

2 Answers | Asked in Landlord - Tenant, Real Estate Law and Criminal Law for Florida on
Q: Can I sell a commercial property with a non-paying tenant in Florida?

I want to sell a commercial property in Florida, but there's a tenant on the property who has never paid rent for the past three years. There is no formal lease agreement, and I suspect the tenant, who is a felon, may have forged one. Can I proceed with the sale while I need to evict this tenant?

Jacqueline Alicia Salcines
PREMIUM
Jacqueline Alicia Salcines pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 4, 2025

If you never had a written agreement then you need to ask the buyer whether they want to purchase with a tenant in possession or not. If yes they will want a new lease but they can prepare it after closing. If they don’t then it’s your responsibility to make sure he is out prior to closing.... View More

View More Answers

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: How to transfer deed from revocable trust in Florida?

My mom has passed away, and her residence in Florida is held in a revocable trust via warranty deed. I am the trustee and sole beneficiary of the trust, and I understand probate is not necessary. What steps do I need to take to transfer the deed into my name, including any forms I need to file with... View More

Phillip William Gunthert
Phillip William Gunthert
answered on May 2, 2025

You should have an estate planning/probate attorney review the Trust and the current property deed, generally, you as the trustee will transfer the property via deed to yourself from the Trust and then it will be in your name alone and not in the Trust name any longer and you can apply from... View More

2 Answers | Asked in Divorce, Family Law, Probate and Real Estate Law for Florida on
Q: Can I live in a house my parents' divorce decree says is for me after my dad passed?

My mom and dad, now divorced, had a legal agreement in their divorce decree stating that neither could sell the house, as it was intended for their daughter. My dad lived there, but my mom did not. I am the daughter, and I'd like to know if I'm allowed to live there now that my dad has... View More

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on May 1, 2025

I recommend that you consult with an experienced attorney who handles family law and probate. Ask them to review the divorce decree to see what your parents agreed to. For example, it may be that your parents continued to own the house 50/50 as tenants in common. If you are your father's heir,... View More

View More Answers

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Austrian citizen seeks help with property registration issues in Ocala, Florida, and selling owned land.

I am an Austrian citizen who purchased properties in Ocala, Florida, through an Austrian company in 1981, with all documents duly certified by the American Embassy. Despite paying property taxes in my name since the purchase, I have discovered that I am not listed as the owner in the local land... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 1, 2025

Hire a FL attorney to search each of those properties' titles. You may have to sue for ejectment and quiet title. If the tax statutes do not give you title, you may not own anything. Hopefully you may only need to reform the deeds to your own name. The Austrian company has apparently... View More

2 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate, Real Estate Law and Personal Injury for Florida on
Q: How can I protect my property rights under my mom's will against her boyfriend's actions?

My mother had a massive stroke, which I believe was due to neglect by her boyfriend, who is now under investigation for abuse. She is currently in a nursing home. A few years ago, she added him to the deed of her property. However, I have paperwork indicating that her will states that one property... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 24, 2025

There's no such thing as protecting your rights outside of the legal system. **you need a lawyer asap.** If she added him to the deed of the property "meant for you", you are likely out in the cold. She could leave you a million dollars in her Will, but if she had only a dollar at... View More

View More Answers

2 Answers | Asked in Nursing Home Abuse, Estate Planning, Probate, Real Estate Law and Personal Injury for Florida on
Q: How can I protect my property rights under my mom's will against her boyfriend's actions?

My mother had a massive stroke, which I believe was due to neglect by her boyfriend, who is now under investigation for abuse. She is currently in a nursing home. A few years ago, she added him to the deed of her property. However, I have paperwork indicating that her will states that one property... View More

Abraham Solomon Ovadia
Abraham Solomon Ovadia
answered on Apr 25, 2025

Hi there, sorry about your mother's stroke and this troubling situation.

Unfortunately, a will generally can't override a deed, which makes this challenging. Gather all documentation and consult with an attorney quickly. A lis pendens is a legal notice that can be filed with the...
View More

View More Answers

1 Answer | Asked in Landlord - Tenant, Civil Litigation, Contracts and Real Estate Law for Florida on
Q: Apartment uninhabitable after fire; charged rent despite not accessing unit. Legal steps to address this?

I signed a lease for an apartment on April 1, 2025, and moved some possessions in on April 5th. That evening, a fire rendered the apartment uninhabitable, which the leasing office acknowledged. I was offered to terminate the lease or wait for repairs. When I opted to wait, I was later told I needed... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 23, 2025

Sounds like you owe the rent April 1 - April 5, at a minimum. If you elected to wait, your lease remained in effect. Apparently upon closer inspection, it was determined that you could not wait - the damage was too severe, and the lease terminated then. Perhaps that's 2 weeks between April 5... View More

2 Answers | Asked in Probate and Real Estate Law for Florida on
Q: How can I transfer land deeds to my name after family members' passing without a will?

I'm seeking to have land deeds transferred to my name. My grandfather passed away in 2013 without leaving a will. My father was in charge of my grandfather's affairs, but he passed away in September of last year. How can I proceed to have the deeds transferred to my name?

Lauren Nagel Richardson
Lauren Nagel Richardson
answered on Apr 23, 2025

Please accept my condolences on the loss of your father. You will likely need to open an estate for your grandfather and your father to transfer the property to you. First, in your grandfather's estate, his heirs would be determined and a court order would transfer the property to his heirs... View More

View More Answers

2 Answers | Asked in Probate and Real Estate Law for Florida on
Q: How can I transfer land deeds to my name after family members' passing without a will?

I'm seeking to have land deeds transferred to my name. My grandfather passed away in 2013 without leaving a will. My father was in charge of my grandfather's affairs, but he passed away in September of last year. How can I proceed to have the deeds transferred to my name?

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 23, 2025

This is going to be a probate matter, I would encourage you to speak with a Florida Probate Attorney as there will likely need to be a probate done of your grandfather's estate and then one done for your father's estate in order to determine the heirs/beneficiaries of the estate, a review... View More

View More Answers

1 Answer | Asked in Landlord - Tenant, Personal Injury, Civil Litigation and Real Estate Law for Florida on
Q: What to do about wrongful disposal of ashes and valuables after car towing?

Three months ago, my landlady had my car towed with my deceased wife's ashes and other valuables inside while my husband was in the hospital, despite being informed of the contents. She claimed it was due to unpaid rents and threatened legal action if contacted further. What can we do next... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 22, 2025

Your post is confusing because you refer to your deceased "wife's" ashes, then refer to your "husband" in the hospital. In any event, regarding a landlord towing a vehicle from the premises, the first issue is whether the lease (if any) and any accompanying written rules... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Can I be evicted in FL for being 4 days late on rent, considering a 6-day grace period?

I was late with my rent payment by 4 days due to an issue with automated payment processing following a new lease recertification. My lease allows for a 6-day grace period. I haven't received any written notice but was verbally warned about potential eviction. Can I be legally evicted in... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 22, 2025

Yes. Your rent is due when its due. The grace period applies to the imposition of late fees. Most landlords are not going to whack you on an eviction for being late once and you pay within the grace period, if you've otherwise been a good tenant.

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: What are my legal rights if the owner sells the property while I'm living there under a verbal rent-for-work agreement?

I have been converting a house into three apartments under a verbal agreement for about a year. My rent was paid through the work I was doing on the property. The owner suddenly informed me that they sold the property and I need to leave, but I have received no formal notice. What are my legal... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 21, 2025

You would be considered a month to month tenant and subject to eviction if you do not leave once you are given proper notice. While an eviction might take a few weeks, you could be considered a holdover tenant and subjected to double rent. The judge would impose market value rent.

3 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Florida on
Q: Will I be allowed to stay in my home during bankruptcy proceedings?

I am considering filing for bankruptcy following the death of my husband. I have not yet started the process, and I am one payment behind on my mortgage for a mobile home on leased land. I cannot afford my home or car and have credit card debts as well. I am unsure which type of bankruptcy to file.... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 16, 2025

I'm sorry for your loss.

There is an automatic stay that is issued when you file. This stops all collections and holds off the eviction process. You should consult with a bankruptcy lawyer to review your situation and advise you of the best way to proceed. May bankruptcy attorneys...
View More

View More Answers

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.