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Florida Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: A family member stayed in our home as a guest for ten months. Now they're refusing to leave. What are my rights?

They have no lease and have never paid rent.

Barbara Billiot Stage
Barbara Billiot Stage
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.

1 Answer | Asked in Real Estate Law for Florida on
Q: What is my rights if a partner does not want to pay 50% of damage to property which they are co-owner?
Phillip William Gunthert
Phillip William Gunthert
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... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: Can I revoke a quit claim To some property while I am still alive
Barry W. Kaufman
Barry W. Kaufman
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.

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1 Answer | Asked in Real Estate Law for Florida on
Q: What is the percentage I am allowed to raise a tenants rent when renewing their lease?

It is a condo in a multi family rental

Barry W. Kaufman
Barry W. Kaufman
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.

1 Answer | Asked in Real Estate Law for Florida on
Q: In Fla how often is a landlord required to paint my inside and outside of the house?

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?

Barry W. Kaufman
Barry W. Kaufman
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.

1 Answer | Asked in Real Estate Law for Florida on
Q: Can I change my mind even though I accepted the investors offer to buy my house
Barry W. Kaufman
Barry W. Kaufman
answered on Sep 22, 2022

Not without significant legal consequences.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: FL apartment lease states tenant responsible for pest control contradicting Title VI 83.50 Can landlord deny lease to me

based solely on me refusing to be responsible for pest control pursuant to above statue? ( sorry that’s Title VI 83.51)

Barry W. Kaufman
Barry W. Kaufman
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.

1 Answer | Asked in Real Estate Law and Civil Rights for Florida on
Q: Is a solar security camera considered a "renewable energy device"

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.

Barbara Billiot Stage
Barbara Billiot Stage
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... Read more »

1 Answer | Asked in Consumer Law, Contracts and Real Estate Law for Florida on
Q: Had a 2nd showing.Can you req a refund if the app is still not fully processed; bugs and odor?
Mark R. Osherow
Mark R. Osherow
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... Read more »

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: My mother passed away in 2016. Her sister and mother "tried" to record a quit claim deed that mother supposably signed.

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... Read more »

Phillip William Gunthert
Phillip William Gunthert
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... Read more »

2 Answers | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Florida on
Q: florida law. can a new owner of a motel that i have lived month to month for 3 1/2 years tell me to leave in one day?

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.

Jane Kim
Jane Kim
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... Read more »

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1 Answer | Asked in Real Estate Law for Florida on
Q: How do we get my name added back to the heir property.

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... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
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... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: What can be done if property management has not mowed in wks??I am highly allergic to bees and hornets and there so thic

In the tall grass..that I won't access my yard ...due to being scared of getting stung!!! What's my options?

Barbara Billiot Stage
Barbara Billiot Stage
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... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: Do we have the right to sue.

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... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 7, 2022

Read your contract. If you do, you will probably discover that the down payment is not refundable.

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2 Answers | Asked in Real Estate Law for Florida on
Q: Do we have the right to sue.

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... Read more »

Jane Kim
Jane Kim
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...
Read more »

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1 Answer | Asked in Divorce and Real Estate Law for Florida on
Q: My husband and I bought a house in October 2021. He used $ from his 401k; Does that mean the house is his?

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.

Michael Ferrin
Michael Ferrin
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.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is an email offer contractually binding?

My landlord offered to pay my moving expenses to vacate the home we were leasing. Once we moved out, they refused to pay.

Jane Kim
Jane Kim
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.

1 Answer | Asked in Real Estate Law for Florida on
Q: When it is possible that court granted motion to strike case management deadlines?
Barbara Billiot Stage
Barbara Billiot Stage
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... Read more »

2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: If I take out $200,000.00 from my retirement account to purchase/invest in a rental property.

Will I have to pay early withdrawal fees?

Jane Kim
Jane Kim
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.

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2 Answers | Asked in Real Estate Law and Tax Law for Florida on
Q: If I take out $200,000.00 from my retirement account to purchase/invest in a rental property.

Will I have to pay early withdrawal fees?

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 2, 2022

This is not a legal matter. This is a question for the retirement account customer service folks.

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