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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Florida on
Q: I own my house. Can I use my driveway to store cars on it?

I own a property in a gated community in Florida and my tenant has a business which involves cars. He rents out the cars and stores all of the cars on the driveway belonging to my house. The president of the HOA has sued me because she doesnt allow that many cars on the property.

Seril L Grossfeld
Seril L Grossfeld answered on Nov 14, 2019

When you agree to own property in a HOA you agree to the rules. If the rules limit what business or number of cars are allowable and you don't comply you may get sued if other methods to seek enforcement fail. Consult with a litigation attorney that specializes in real property/condominium/HOA... Read more »

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Florida on
Q: Is a person who now owns a mortgaged home via JTWROS now exposed to a lawsuit by the lender if unable to pay payments?

Scenario: In Florida, Person A secures a mortgage and purchases a home and some time later adds Person B as a Joint Tenant w/ Right of Survivorship. Five years into a thirty year mortgage, Person A dies. As the ownership of the property transfers over to Person B, they are unable to cover the... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Nov 12, 2019

Yes the person added to the deed would be named as a Defendant since they have an interest in the property being foreclosed. They would not however be responsible for paying any part of the mortgage obligation since they did not agree to the same. As a general rule this would also affect person... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My apartment is currently untenable and I am looking for advice on what to do
Seril L Grossfeld
Seril L Grossfeld answered on Nov 11, 2019

What is untenable means different things to different people. First had the landlord fulfilled the requirements to maintain the premises under Florida Statutes 83.51. Second is the problem something the landlord or the tenant needs to correct under the terms of the rental agreement. If it is a... Read more »

4 Answers | Asked in Contracts, Divorce and Real Estate Law for Florida on
Q: If a married couple buy a house but the loan is only in the husband's name does that affect property division in Divorce

We are ready to purchase, I am retired, been married 24 years, 13 year age difference. He applied for the loan without me being on the loan. My name is on the contract however. I am worried because we will be using joint money for the down payment.

Linda Liang
Linda Liang answered on Nov 11, 2019

The loan is different issue from the title. It doesn't matter who pays or who signs, the names on the title are the evidence of the title.

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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Florida on
Q: What is the legal definition of 'Fish Processing' for Florida?

The County that I live in does not have a definition. How do I petition the County to adort a definition?

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 8, 2019

How does it affect you? Is "fish processing" regulated in your location and are you arguably subject to such regulation? I see that you picked the "Land Use & Zoning" topic; if you don't think the zoning regulations apply to you, start by talking to a code enforcement officer and take it from... Read more »

3 Answers | Asked in Real Estate Law and Probate for Florida on
Q: I need to file a Summary of Administration, my spouse left me the house in his will. He passed away 2017 I pay all mtg

Only his name is on the deed, I have cleared all his debts … only left is the mortgage on the house and it is draining my savings. I need to be able to sell the house before I go broke. The house is located in Miami, FL.

Mr. Long H. Duong
Mr. Long H. Duong answered on Nov 5, 2019

Miami Dade is easily the slowest county for probate in this state. We handle them there all the time and there’s not much to do but get it filed, jump through their extra hoops and hurdles and wait for them to get around to responding to you. I strongly recommend you hire an attorney.

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2 Answers | Asked in Real Estate Law for Florida on
Q: How to change ownership of real estate from "tenants in common" to "joint tenants with right of survivorship".
Seril L Grossfeld
Seril L Grossfeld answered on Oct 31, 2019

You can do this using a quit claim deed both current owners would need to sign to change the type of tenancy. Since most people who do this themselves frequently do it wrong or use the wrong legal description, you may want to go to a real estate attorney to make sure it is done correctly

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am still married but haven't lived with him for 9years we had a house which was forclosed without my knowledge he some

How refinanced if he dies am I entitled to the house I live in florida

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 31, 2019

If he dies, and you are indeed still married to him, yes: you would probably have some interest in his estate.

You write that you live in Florida, yet you apparently posted this from Northport, NY. What's that all about?

1 Answer | Asked in Consumer Law and Real Estate Law for Florida on
Q: I am being sued by a neighbor for renting my house on Airbnb what type of attorney should I be seeking
Seril L Grossfeld
Seril L Grossfeld answered on Oct 30, 2019

Start with a real estate litigation attorney

1 Answer | Asked in Real Estate Law for Florida on
Q: I received a 3 day notice via email. I didn't notice it for 2 days due to full box. Is email in FL legal delivery?
Seril L Grossfeld
Seril L Grossfeld answered on Oct 28, 2019

FS 83.56 which covers termination of rental agreement governs the procedure which has to be strictly complied with. It still says the three day notice has to be served by mail, personal delivery or posting, no exceptions and these requirements cannot be waived in the lease. So I would say it can... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: who is responsible for paying for a dryer vent to be cleaned in a florida HOA. me, the roofers or the HOA management co

the new vent was installed when the roofing tiles were replaced last year. the discovery of accumulated lint was made recently on account of extended drying times. the certified dryer vent cleaner said the screen on the vent outlet should have been removed pursuant to florida building code 504.4

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 25, 2019

The roofers, probably.

1 Answer | Asked in Real Estate Law for Florida on
Q: So 2 and a half years ago my step mother sold my property from underneath me. But I owned the trailer.

I have the title and VIN # the trailer was in my name. She lied to Brevard county and said the trailer was abandoned when it was not. Just so she could retire the title because I refused to sign it over to her.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 25, 2019

You want the trailer? Go get it.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: the roof of my apartment building has leaked for over 6 months do I have any legal ground to stand on?

I have sent e-mails on a regular basis for the 6 month period and the building managers refuse to do anything, I have even sent pictures of the water coming thru my ceiling to no avail, can I withhold rent until something is done to rectify the leaking roof situation?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 23, 2019

Unless your written lease allows you to withhold rent for this kind of inconvenience I will warn you not to do it. On the other hand, since you have had this same problem for 6 months, why not give notice that you are not going to renew your lease because of the leaky roof--and because you have had... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Florida on
Q: Real estate contract between buyer and myself. Condo association denied my purchase on totally false allegations.

Finding out Board President wanted to buy under rofr,,,owner removed prop for sale. What can I do.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 21, 2019

While you may not be able to change the Condo associations mind--without losing the sale because of the time it would take-- you may be able to state a viable claim for intentional interference in an advantageous business contract--against the board president, not just the HOA. The toughest part... Read more »

1 Answer | Asked in Civil Litigation, Real Estate Law and Landlord - Tenant for Florida on
Q: Can a property manager collect applications fees and deny for credit reasons but didn't even rum report no inquiries fou

Because of his not processing applications I was given stipulations out of my control but in his hands. They too where denied. Now Im facing eviction

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 19, 2019

1. In residential rental situations where there are two or more residents on the same lease, the standard industry practice is to require every resident to undergo the same application process as everyone else does.

2. Most if not all licensed rental property managers require a nominal...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: who Is responsible for replacing the roof in a life estate If the house cannot be insured until it is replaced?

The tenant is out of money and the remaindermen refuse to pay any expenses does the tenant have to carry insurance in this situation?

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 17, 2019

Neither the life tenant nor the remainderman has a duty to insure the house. If, however, the house is damaged due to the negligence of the life tenant, he or she would be liable to the remainderman for the damage.

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Florida on
Q: I'm one of 3 people as tenants in common on a deed. 1 died 30 years ago , 1 is 96 yrs old. How should I proceed?

The one who died is my brother

and his wife also died long ago.

They have 4 adult children.

The 96 year old, my sister, lives in the condo in North Carolina.

Should I now explain the situation to my brothers's 4 children and send a copy of the deed? Should they... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 15, 2019

Even though your brother and his wife died along time ago you still may need to have estates for both persons to determine who owned their share as a result of their dying, then you can get deeds from the children of your brother and his wife. At this point you would be able to get a quit claim... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: I own a house with my ex and would like to sell it, he does not want to sell or refinance to buy me out.

Both our names are on the mortgage, not ever married. I would like to avoid hiring a lawyer to compel a sale. Is it ok to threaten to stop paying my part of the mortgage to motivate him to agree to sell or could any negative consequences come back on me if i stop paying my part and he continues to... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 11, 2019

If you cannot get this resolved you are looking for a rather expensive partition action, unless there was a dissolution of marriage that provided the house had to be sold at some point, in which case some type of enforcement action may be possible.

I would not suggest you stop paying the...
Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: Realtor having Power of Attorney at closing.

The closing on the sale of my Indiana home occurs this coming Monday. My wife and I are in Florida and gave Power of Attorney to our realtor to represent us at closing. What should I obtain from my realtor prior to the closing?

Seril L Grossfeld
Seril L Grossfeld answered on Oct 4, 2019

In this age of Federal Express, faxes and attachments to emails why would you give someone you do not know a power of attorney to "represent" you and at a closing and then ask what you need to do to protect yourself. A real estate agent does not have the same responsibility to protect your... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: My lease isn’t being renewed I found a place to move but have to move 20 days before my lease is up

My landlord gave me a 90 day notice that they weren’t going to renew my lease. I finally found a place I could move to but I can’t wait until November 30 to move. I paid last months rent when I moved in so I applied it to October and paid for the 10 days I will be there in November. Now she is... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 3, 2019

She is not obligated to pro-rate the rent, so if she will let you occupy until November10th, pay for the full month.

I don't know what you mean by "... She has arrest me every month …"; she cannot have you arrested.

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