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I'm struggling to find a home policy that will cover my liability during the builder lease back period as they say residence is being used for commercial purposes. In the tenant policy they have this but is that enough to protect me?
18. RISK OF LOSS/INSURANCE.
A. Landlord and... View More 
answered on Jun 7, 2022
I'm sorry your question remains open for three weeks. This could be something that an insurance professional would be in a better position to advise on than an attorney. An insurance broker would probably want to discuss the situation more thoroughly than is possible in the brief question... View More
I have a commercial lease agreement for a fixed term in Florida for my startup business. There are some disputes with the landlord and incorrect information in the lease agreement. I would like to exit the property right away and seeing legal advice on the lease agreement.
Can I pay all my... View More
answered on Jun 6, 2022
The answer to your question depends on whether you have a valid, enforceable lease agreement, and if so, whether there are lease terms that dictate how the parties must attempt to resolve the types of disputes you are having, and on whether there is any issue of landlord's failure to meet... View More
I bought my property less than a year ago. On the right side my neighbors already had a 4ft wire fence in place (about a 30 year old fence). My husband and I wanted to cross fence our property to make an area for our dogs. To do this we bought supplies and connected it to the existing boundary... View More
answered on Jun 6, 2022
You do not become a joint owner of the fence. You are not allowed to attach anything to their fence without permission from the owner of the fence. I doubt they will give you permission now. Your best option is to put posts on your land and attach the fence to your posts. You might need to... View More
I am asking this question for the second time as the first answer I received implying I had a lawyer and should ask them was totally incorrect .I am very respectful and appreciate this format and would appreciate genuine help in the direction I need to move. The reason I know what a partition is,... View More
answered on Jun 4, 2022
But your first question indicates that by "expenses of partition", you mean attorney fees. No, it is not likely that either party would be required to pay the other party's attorney fees. Shareable expenses might include the costs of selling the property, etc., but attorney fees... View More
If the sale of my co owned house in Florida goes to partition does the other owner have to share in my legal costs incurred from the partition (lawyer expenses) if they have none, due to they are able to represent themselves.? Respectfully. I do not have a lawyer as per the first answer .that is... View More
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answered on Jun 4, 2022
Sounds like you have legal fees, and therefore have a lawyer, why don't you ask him/her?
I have gone above n beyond what I needed to do to clear this up. County finds no violation after inspection n closes matter. This continue to keep happing and I m over being harressed,It taking a toll on me
answered on Jun 4, 2022
It appears, and I am just guessing here since you didn't state what the violation is, that the HOA is trying to use Code Enforcement to enforce a restrictive covenant that is not a county violation but is a violation of your HOA documents. My guess, again just a guess, is they will figure... View More
“Essentially, a partition action is a legal proceeding that forces the sale of a piece of property. In Florida, partition of a property in probate cases is governed by Florida Statute 733.814, which states, “[w]hen two or more beneficiaries are entitled to distribution of undivided interests in... View More
answered on Jun 3, 2022
The estate would be essentially closed when the property is distributed. Thus, if the property has been distributed to the beneficiaries, it would be one of them, not the estate, who would file the partition action.
How does one transfer the deed from the deceased to the living relative? Get the property appraised and put on the market once inheritance is established.
answered on Jun 3, 2022
I assume that he didn't reside in Puerto Rico, but in Florida. If so, you (or one of his sisters) need to file a probate petition with the court in the county where your uncle resided. Whoever does this needs to do it through an attorney. You probably also need to file an ancillary probate... View More
A couple signed an annual apartment lease effective December 1, 2021. The agreement was to equally share the expense. However, the girlfriend moved out (her own decision) in March 2022, along with all of her personal belongings and household furnishings. She also terminated all utilities that were... View More
answered on Jun 3, 2022
She can't be removed from the lease without the consent of the landlord (or the landlord's manager). And it doesn't appear that, she has breached the lease, so the landlord might not be able to remove her even then. He could perhaps sue her in small claims court for her share of... View More
Repairs for things that were here when I moved in, like a leak stain in the ceiling from an old ac and a crack in the tile at the front door. How am I supposed to get my deposit back without being held responsible for things I didn't damage?
answered on Jun 3, 2022
You would need proof the damages were pre-existing, such as photographs with a date/time stamp, a video with a date/time stamp or a form signed by you and the landlord.
Her home is being foreclosed on. We are now divorced. Will I be liable for the debt?
answered on Jun 3, 2022
No. Unless you signed the note you are not liable for the debt, which is the note. When you live in a property with a spouse you are required to sign the mortgage acknowledging there is a debt against your home that could be foreclosed.
I inherited a house over 20 years ago with my brother 50/50 ownership. I continued to live in the house he moved out .I paid off the owing mortgage and 99% of all taxes, insurances ect for the last 20 plus years. I moved overseas 4 years ago and rented the house out . I informed him of this and... View More
answered on Jun 3, 2022
The lease is probably valid; he can't evict them without giving the 4-month notice.
It appears that you or your brother may want to file suit against each other for partition of the property.
Lease ends June 30th. Paid until end of month. Planning on using last month to move to new residence. Landlord refuses to pro-rate from June 15-30.
answered on Jun 1, 2022
No, you can stay there until midnight on June 30. if the landlord wants you to leave early they can offer to buy you out of the rest of the lease. But you do not have to accept. You get to decide.
I purchased my home in 2019, HOA amended leasing restrictions in Jan 2020. I have not voted for this amendment. Can HOA still prevent me from leasing my home? and what are implications if I go ahead and lease it?
answered on May 29, 2022
Rental restrictions are not effective against current owners who do not consent but you have to be sure there was no sort of rental restriction in place already and the restriction itself was not further amended. Rather than just renting your home I would check with the HOA first to make sure they... View More
I am in a partition lawsuit and closing sales are scheduled for Monday. I electronically recorded a resignation claim deed 3 days ago that I had received in 2013. Now I'm alone in the title. Can I cancel the sale of the house scheduled for Monday? Miami- Fl
answered on May 26, 2022
It depends on several things, including the timing of the partition lawsuit. As I understand it, you were given a quitclaim deed to the property in 2013 which you just recorded. You recently have agreed to sell the property to someone else.
You had better ask the buyer whether you can... View More
Elderly person has life interest, 2 moved in with no lease and
paying no expenses and one other died 15 months ago. Funds needed for care
answered on May 25, 2022
In general, the person who has the life estate has the right to exclusive possession and control of the property. If other people have some sort of remainder interests (no right to possession until after the life tenant dies), they may only object if their remainder interest is being... View More
now they are asking me to pay back lot rent from before I purchased the trailer how can that be
answered on May 25, 2022
If you purchased the mobile home from someone other than the park owner it is entirely possible you are responsible for the back rent of the previous owner. You will need to take any documents you have to a real estate lawyer, preferably one with mobile home park lot tenancy experience, to review... View More
I made a partial claim against my tenants security deposit. I listed the deductions and sent it certified mail. The tenant cashed the check. The tenant now wants to make a claim for the balance. Since he cashed the check can he legally go after the balance? I couldn't find anything regarding... View More
My brother and I have in Miami, a common property where I have always lived. In 2013 my brother transferred the property to me. In 2020, my brother learned that the value of the property had increased significantly and that I had lost the quit claim deed without having registered it. So, he sued... View More
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answered on May 21, 2022
Your deed is valid as between your brother and you. However, it is void as to other third parties because it was not recorded, and they do not have notice of it. However, you may still be able to record it to put them on notice prior to closing. Obviously, you should consult an attorney to deal... View More
Her debt?
answered on May 19, 2022
No, one does not inherit the debt of another person such as a spouse. Her estate would be responsible for her debt, which would have to be paid before her assets were paid to her heirs. If the mortgage note is not paid, the mortgagee (bank, usually) could foreclose on the home she owns, but could... View More
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