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My cousin tricked my elderly mom into signing a quit claim deed with survivorship rights. When mom passed my cousin signed a QCD that stated it was joint tenancy with survivorship rights, but in the body of the deed it listed only one person as the grantee, it also has an enhanced life estate.... View More 
answered on Oct 5, 2022
You need to take a copy of the deed to a real estate litigator as soon as possible. This is a very complex issue and a lawyer needs to see the actual deed to provide advice.
They have no lease and have never paid rent.
answered on Sep 30, 2022
You have the right to file a court action for unlawful detainer. It's similar to an eviction but for guests who won't leave.
answered on Sep 29, 2022
Take it out of their rent, share or eventual sale of the property by tracking these costs, if they are not a good partner in the property then buy them out, refinance or consider other options, but definitely track and keep records of all your costs and expenses for a later date in order to claim... View More
answered on Sep 26, 2022
No. A quit claim deed once executed, means that you have sold, for whatever price, the property to the other party, lock, stock, and barrel. A quit claim deed is not a gift, there's no revocation.
It is a condo in a multi family rental
answered on Sep 23, 2022
There's no law in Florida that regulates rent. You can raise the rent as much or as little as you desire.
I've been here for 5 years and he has never asked if I needed or wanted a paint job on the inside. I pay a lot of money to live here and would like it done. Is it legal to make me pay the first 250 for a repair?
answered on Sep 22, 2022
Unless the lease obligates him to paint the house, he is never required by law to paint it. Did you agree in your lease tompay the first $250? If so, end of story.
based solely on me refusing to be responsible for pest control pursuant to above statue? ( sorry that’s Title VI 83.51)
answered on Sep 22, 2022
Probably. If he can't follow that statute, he's probably not following others. you don't want to rent from a guy like that. Go someplace else.
I live in florida. Title XI Chapter 163 covers solar devices. It states "renewable energy devices" in the chapter and how an HOA cannot restrict their use. I have solar security cameras. They are a renewable energy device and I want to know if they are covered by this Florida law.
answered on Sep 21, 2022
More facts are needed. Does the HOA have a restriction against security cameras in its Declaration of Covenants, Conditions and Restrictions? If it does not then they cannot restrict your solar powered devices. I have yet to see Declarations that prohibit security cameras. The HOA may try to... View More
answered on Sep 19, 2022
This is not enough information to accurately respond. But in general, it would depend on a number of factors, such as whether this is an "as is" deal, whether there is a mortgage contingency and whether that expired, etc. Also, are there conditions in the home which the seller was... View More
The clerk never processed said document. I went to probate court and received my mother's home and property. I'm trying to sell the home and property but a buyers title company said that I would have to get my mother's sister off the deed. But it was never recorded or processed, it... View More
answered on Sep 17, 2022
You will want to have a Florida Real Estate or Probate Attorney look at the probate documents and or any deed/s that may exist, if a probate was done as you have mentioned, then there should be an order from the probate court/judge that specifies the property as homestead or real property as being... View More
motel has no lease and i pay month to month. i have been here for a little more than 3 and 1/2 years. the new owners knocked on the door and told me i had to vacate the premises by tomorrow. if it matters i am 70 years old and am a heart patient. please advise. thanking you in advance.
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answered on Sep 16, 2022
It is 15-days notice whether you are deemed a commercial or residential tenant. If it is for non-payment (does not sound like it) then under commercial leases there is a 3-day notice requirement. At this point, they will have to follow formal eviction procedures to actually evict you. Therefore, I... View More
MY mom passed in January 2018 my sister and I are only joint heirs to property and we have a filed Order determining Homestead. On February 14, 2019 my sister went behind my back and filed a Quitclaim deed signing my mom as 1st party and she being 2nd party. I was told to file a Petition setting... View More
answered on Sep 16, 2022
Never take legal advice from a non-lawyer or another party with interest in the property. Take the deeds to a real estate lawyer to review and provide proper advice. Quit claim deeds cause more problems then they solve. Unless your sister had been appointed the personal representative of the... View More
In the tall grass..that I won't access my yard ...due to being scared of getting stung!!! What's my options?
answered on Sep 7, 2022
I'm not sure what you mean by "property management" because this term is often used when referring to the management of an association, which is a community association manager or CAM. If you have a property management company that manages a property you lease, you can put them on... View More
My husband and I put a down payment on a home but before we could sign anything we decided not to go through with the process. However, the management company that accepted the check will not issue an refund. It's been over a month since we started the buying process and every time corporate... View More
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answered on Sep 7, 2022
You always have the right to sue. Sometimes, all it takes is a demand letter from a lawyer, unfortunately.
I must disagree with my colleague, downpayment is often refundable, it depends where you are in the process. It sounds like you are at the earliest stages of contract, or it... View More
We moved from IL. I worked at a school, received unemployment which paid off all credit cards, his car, moving box, loan, his air b&b (he moved down in August/family in Nov) I am now contemplating divorce. Been married 7 years.
answered on Sep 7, 2022
The general rule is that everything that you acquire during the marriage, both debts and assets, are considered marital. The home, being it was purchased during the marriage would most likely be marital but we would have to do a complete assessment of your case to say for sure.
My landlord offered to pay my moving expenses to vacate the home we were leasing. Once we moved out, they refused to pay.
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answered on Sep 6, 2022
Yes, it is binding to the extent you relied on it to your detriment.
The only problem is that the amount is likely too small to involve a lawyer.
Good luck.
answered on Sep 3, 2022
There are not enough facts to provide you with an answer. You can check the docket to see when the court did this and if a new case management order has been docketed. Search for your Clerk of Court website by putting the name of your county in front of "Clerk of Court." Just make sure... View More
Will I have to pay early withdrawal fees?
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answered on Sep 2, 2022
Yes, there is an early withdrawal penalty unless you are very close to retirement then you should consult with an accountant because in certain situations you would not have to pay the penalty. And if you use it toward first time home buying, there is an exception to the penalty.
Good luck.
quit claim deed has same witness print and signed on all witness lines
answered on Sep 2, 2022
No, this is not a valid deed in the State of Florida, while you would need to have it looked at and reviewed, if there is only 1 witness, such a deed would be invalid. See below for reference via Florida Statute. You should pull up and take a look at the actual statute as well for reference.... View More
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