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answered on Jan 16, 2023
I dont know whether it's legal, but it's extremely inappropriate and if I were applying to rent and the prospective landlord asked me for my bank's user name and password, I'd immediately terminate the application and tell the landlord to take a long walk on a short pier.
The house is still there my mother owned because my cousin has it but my mother was on morphine and took sick to give it to my aunt and cousin but now my cousin who has my mother’s house will not even let me live in the house my mother owned even if it stays in her name. What can I do to gain... View More 
answered on Jan 11, 2023
The time to challenge the deed has long passed but to be sure you would have to consult a real estate attorney and have evidence your mother was incapacitated and not aware of the consequences of what she was doing, which is unlikely given this happened more than 50 years ago.
You do not... View More
Our association Bylaws call for staggered terms of Board members. 3 members with most votes get 3 year term, 2 members with with next most votes get 2 years and finally the 2 least votes serve one year term. My question is this.
Can an elected board member that received the least votes and... View More
answered on Jan 5, 2023
That's impossible to answer without reading the Articles of Incorporation and the Bylaws. Generally, these provisions apply to initial terms and then directors serve three year terms following the next election so that the terms are always staggered. If you are not sure of the language in... View More
My husband and I currently own a home under our LLC with my parents who have their portion under their names. We use it for a short term rental. But I set up a new LLC for the house and we are each 25% managing partners. I want to get the title of the home under the new business LLC. Do we just... View More
answered on Jan 4, 2023
Easier way to get it done is to consult with a real estate attorney. Quitclaim deeds can cause more problems than they solve.
Florida: I have signed a renewal lease with my tenants for 6 months, ending in May2023. The condo is in HOA and they implemented rules, as follows: "No lease shall be for a period of less than six months. Units shall not be released more than once in any six-month period and rented once a... View More
answered on Jan 2, 2023
That's impossible for any lawyer to answer without actually reading the whole document themselves. There could be other language that affects the meaning of this provision, including the definition of "released" and "rented." If you are going to be a landlord you need to... View More
So my mother in law and father in law put down 85,000$ on our house well there daughter is on the deed not the mortgage there salty bc when stuff went south I stopped paying the mortgage when I found she was cheating on me now I’m being threatened with eviction
answered on Dec 30, 2022
You do not mention if you are in divorce court. Once a divorce is filed you gain certain protections from the court incident to the divorce. Since your wife's name is on the deed and you are currently married you have a marital interest in the house. This is different than being evicted. Do... View More
If the lease has been signed and approved by the property, could this law be cited by the tenant to cancel the lease?
answered on Dec 29, 2022
No. That law doesn't apply in most contract situations, leases for property being one.
we were living together since July. In November, we broke up and I asked him to leave-- he refused- so I filed an unlawful detainer on 12/7- my house, he paid no bills etc. He had me arrested for alleged domestic violence 12/9. The state's att'y has dismissed the case due to lack of... View More
answered on Dec 26, 2022
You can petition for a domestic violence injunction if you independently have the facts to support it. The Court Clerk's office should have forms for you check off the reason(s) supporting an injunction. Your ex filing against you is irrelevant to your eligibility and to your likelihood of... View More
What can I respond to this letter?
answered on Dec 20, 2022
here's a sample of what you should say.
Dear HOA,
I received your letter of DATE, in which you state another resident has complained about marijuana smoke from my balcony. I do not smoke marijuana or tobacco, or anything else. The alleged cannabis smell is not coming from my... View More
I'm in my 60's with compromised health and due to Covid concerns,am fearful of having a bunch of realtors and strangers coming through my home as I'm afraid of catching Covid. I don't want to show the place as masks are not enforced here.In addition I rented this place furnished... View More
answered on Dec 20, 2022
Generally, you have to cooperate with your owner because its her property. Your lease may give specifics. The key is reasonableness. Even if its sold, the new owner takes subject to your lease; your lease doesn't end with the sale. However, if the new owner chooses to not offer you a new... View More
I paid in cash he gave me bill of sale I spoke w him a week or so ago and told him I had to figure out who n where I was going go move it because the guy who was supposed to backed out last minute. The man told me to keep him posted.. today I was informed tht he gave my trailer away and he... View More
answered on Dec 16, 2022
You may sue the seller in small claims court, where it is not necessary to have an attorney. You may sue for recovery of the money lost and your court costs.
She is fighting because I won't give her half the insurance repair money from a fire. Ins policy states that money only goes for repairs concerning the damage done by fire.
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answered on Dec 15, 2022
Buying someone out means you pay that person a fair market value (FMV) of the property today minus your half of the ownership. So that if today's FMV is $500K and you own half of it, you end up paying your sister $250K. Your sister would have to use the proceeds of $250K to pay off her share... View More
Now they are taking me back to court is there any way to protect my assets so they don’t put a lien on my primary residence
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answered on Dec 12, 2022
Hiding assets to avoid creditors is illegal. However, if your primary residence in Florida has a homestead exemption then Article X, Section 4 of the Florida Constitution exempts homestead property from levy and execution by judgment creditors. This means a creditor cannot force the sale of your... View More
How should the title be held for our new home in Kissimmee FL. My wife & I will own 2/3 of the home which we would want the same benefits as “tenancy by the entireties” provides. The other 1/3 is owned by a special needs trust. I’m not sure how this would need to be written to correctly... View More
answered on Dec 12, 2022
Please retain an attorney to make certain this deed is drafted correctly. This is not a DIY project.
answered on Dec 12, 2022
Eviction is a legal term; it is often used as a catch-all phrase. For an eviction, there must be a landlord-tenant relationship. If there is not that legal relationship, there cannot be an eviction. There are other ways to legally remove someone from the premises, but generally these actions are... View More
What is a quit claim deed?
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answered on Dec 8, 2022
A quitclaim deed is a legal instrument which transfers title to real property. It is typically utilized in transactions between family members or if you'd like to transfer your property into a trust. These types of transactions do not have financing. If your property is currently financed,... View More
answered on Dec 8, 2022
You don't simply change names on a deed. The owners named on the present deed must convey the property to someone else, either by sale or quit-claim. The owners of the property should consult a local Maryland real estate attorney for actionable advice.
Informed landlord of late notice but no response
answered on Dec 8, 2022
There are specific laws on eviction with time limits and notice requirements. Your best course is to communicate with the landlord. Speak with a local real estate lawyer for more specific advice.
She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.
answered on Dec 5, 2022
No. Only the person named on the title can remove themselves. Your mother needs to consult with a lawyer that practices elder law to see what her options are and if getting a guardian appointed is feasible.
Place is in Florida, both realtor and seller said flood insurance is not required, bank said it is in a flood zone, now way more money is needed for evaluation of property, realtor says we cannot get out of contract, what can be done
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answered on Dec 3, 2022
Florida does not have flood disclosure laws. Therefore, it depends what your real estate contract says and what the Seller’s Property Disclosure Form says. It covers a variety of property conditions and risks, including: structures, appliances, termites, water intrusion, flooding drainage,... View More
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