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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 
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
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
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.
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
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
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
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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
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
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
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
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
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
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.
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?
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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
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
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
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
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
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
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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
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
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
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
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
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
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
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?
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
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?
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
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
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
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
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.
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
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.
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
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
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