I own a property in a gated community in Florida and my tenant has a business which involves cars. He rents out the cars and stores all of the cars on the driveway belonging to my house. The president of the HOA has sued me because she doesnt allow that many cars on the property.
When you agree to own property in a HOA you agree to the rules. If the rules limit what business or number of cars are allowable and you don't comply you may get sued if other methods to seek enforcement fail. Consult with a litigation attorney that specializes in real property/condominium/HOA...Read more »
Scenario: In Florida, Person A secures a mortgage and purchases a home and some time later adds Person B as a Joint Tenant w/ Right of Survivorship. Five years into a thirty year mortgage, Person A dies. As the ownership of the property transfers over to Person B, they are unable to cover the... Read more »
Yes the person added to the deed would be named as a Defendant since they have an interest in the property being foreclosed. They would not however be responsible for paying any part of the mortgage obligation since they did not agree to the same. As a general rule this would also affect person...Read more »
What is untenable means different things to different people. First had the landlord fulfilled the requirements to maintain the premises under Florida Statutes 83.51. Second is the problem something the landlord or the tenant needs to correct under the terms of the rental agreement. If it is a...Read more »
We are ready to purchase, I am retired, been married 24 years, 13 year age difference. He applied for the loan without me being on the loan. My name is on the contract however. I am worried because we will be using joint money for the down payment.
How does it affect you? Is "fish processing" regulated in your location and are you arguably subject to such regulation? I see that you picked the "Land Use & Zoning" topic; if you don't think the zoning regulations apply to you, start by talking to a code enforcement officer and take it from...Read more »
Only his name is on the deed, I have cleared all his debts … only left is the mortgage on the house and it is draining my savings. I need to be able to sell the house before I go broke. The house is located in Miami, FL.
Miami Dade is easily the slowest county for probate in this state. We handle them there all the time and there’s not much to do but get it filed, jump through their extra hoops and hurdles and wait for them to get around to responding to you. I strongly recommend you hire an attorney.
You can do this using a quit claim deed both current owners would need to sign to change the type of tenancy. Since most people who do this themselves frequently do it wrong or use the wrong legal description, you may want to go to a real estate attorney to make sure it is done correctly
FS 83.56 which covers termination of rental agreement governs the procedure which has to be strictly complied with. It still says the three day notice has to be served by mail, personal delivery or posting, no exceptions and these requirements cannot be waived in the lease. So I would say it can...Read more »
the new vent was installed when the roofing tiles were replaced last year. the discovery of accumulated lint was made recently on account of extended drying times. the certified dryer vent cleaner said the screen on the vent outlet should have been removed pursuant to florida building code 504.4
I have the title and VIN # the trailer was in my name. She lied to Brevard county and said the trailer was abandoned when it was not. Just so she could retire the title because I refused to sign it over to her.
I have sent e-mails on a regular basis for the 6 month period and the building managers refuse to do anything, I have even sent pictures of the water coming thru my ceiling to no avail, can I withhold rent until something is done to rectify the leaking roof situation?
Unless your written lease allows you to withhold rent for this kind of inconvenience I will warn you not to do it. On the other hand, since you have had this same problem for 6 months, why not give notice that you are not going to renew your lease because of the leaky roof--and because you have had...Read more »
While you may not be able to change the Condo associations mind--without losing the sale because of the time it would take-- you may be able to state a viable claim for intentional interference in an advantageous business contract--against the board president, not just the HOA. The toughest part...Read more »
1. In residential rental situations where there are two or more residents on the same lease, the standard industry practice is to require every resident to undergo the same application process as everyone else does.
2. Most if not all licensed rental property managers require a nominal...Read more »
Neither the life tenant nor the remainderman has a duty to insure the house. If, however, the house is damaged due to the negligence of the life tenant, he or she would be liable to the remainderman for the damage.
Even though your brother and his wife died along time ago you still may need to have estates for both persons to determine who owned their share as a result of their dying, then you can get deeds from the children of your brother and his wife. At this point you would be able to get a quit claim...Read more »
Both our names are on the mortgage, not ever married. I would like to avoid hiring a lawyer to compel a sale. Is it ok to threaten to stop paying my part of the mortgage to motivate him to agree to sell or could any negative consequences come back on me if i stop paying my part and he continues to... Read more »
If you cannot get this resolved you are looking for a rather expensive partition action, unless there was a dissolution of marriage that provided the house had to be sold at some point, in which case some type of enforcement action may be possible.
The closing on the sale of my Indiana home occurs this coming Monday. My wife and I are in Florida and gave Power of Attorney to our realtor to represent us at closing. What should I obtain from my realtor prior to the closing?
In this age of Federal Express, faxes and attachments to emails why would you give someone you do not know a power of attorney to "represent" you and at a closing and then ask what you need to do to protect yourself. A real estate agent does not have the same responsibility to protect your...Read more »
My landlord gave me a 90 day notice that they weren’t going to renew my lease. I finally found a place I could move to but I can’t wait until November 30 to move. I paid last months rent when I moved in so I applied it to October and paid for the 10 days I will be there in November. Now she is... Read more »
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