I have a house that I rent out a studio. The lease was up 2 months ago and the tenant was paying month to month without me renewing the lease. Last month I caught her smoking marihuana ( she showed me her medical marihuana license) but my lease agreement states no smoking allowed so I asked her to... Read more »
Legally, you can start the eviction process for non-payment of rent. However, most counties will not complete the process by executing a writ of possession (aka removing her from the property) due to the pandemic.
My County stated that no evictions are to occur
If you voluntarily left, with the intent to surrender the premises, unfortunately there is nothing you can do about it. It's not an eviction (which would have required a court action).
My tenants are high wealth individuals, paying close to $12,000 per month in rent. They owned a few very high value cars, each priced above $200,000. In the past, in our direct conversation they stated that they are millionaires. A few weeks ago they mailed us a letter stating that they're not able... Read more »
Surely you must have a written lease, right? Read it and answer this question yourself before you do anything unwise.
Our annual meeting was Nov., 2019. Prior to the meeting the HOA Sec. went door-to-door asking if we needed a proxy and encouraged us to vote yes on a change to the R & R regarding the min. days we could rent. The change was from 30 day min. to 60 day min. Is this something they are allowed to do ?
Yes, of course. The HOA's BOD and officers are supposed to do things in the best interest of a majority of the homeowners, and so they would naturally want to "lobby" the members in support of something they are trying to do. The solution--available to all HOA members--is to seek office, lobby the... Read more »
I am leasing a residential property from a company. Someone made a complaint to the county that i am subletting. The county said i have seven days to fix the issue. I don't have anyone else living there. I receive no rent and all bills are in my name. I have friends stay the night often. How am i... Read more »
You post is vague as to whether you were issued a code enforcement citation with a fine and/or notice of hearing, or instead just some kind of warning, without any legal consequences at the moment. If you were issued a citation, immediately consult an attorney - meaning call a law office and... Read more »
I can tell that you are not giving us the whole story.
I very much doubt that owners are prevented from accessing their units. But the use of the unit can be restricted. The building can decide to put itself on "lock-down" to protect its residents. in the covid-19 world, everyone must... Read more »
We are considering a foreclosed home in Pasco County Fl
Party A has a final judgement on the case that states, On filing of the Certificate of Title, defendant and all persons claiming under or against the defendant since the filing of the Notice of Lis Pendens shall be foreclosed of all... Read more »
The question is what mortgage was of record first. From your question alone you should not even consider buying property out of foreclosure without an attorney to do a title search and represent you. It is not uncommon for an inexperienced person to buy a property out of foreclosure only to find... Read more »
In light of the moment-by-moment changes being made to federal, state and local laws as all the governments try to handle all aspects of the Corona virus pandemic sweeping the world, while at the same time millions of small businesses and landlords are also dealing with a zillion new issues, I have... Read more »
Hello I recently placed a deposit and 4 months for a place and was to receive the keys but says they couldn't get in contact with me and headed back to the owner because she fell ill.(Did not receive phone call, text, nor email.) Then the owner dies the next morning. (Dealing with the nephew this... Read more »
If a lease was signed, you need to contact an attorney and file suit to enforce the lease.
What is considered a First Mortgage in the State of Fl?
Is it based by date or satisfaction?
The property in question has 4 Mortgage notes in total ranging from 2001 when the home was purchased to 2005.
The first two mortgages on the property in 01 and 03 both have... Read more »
Mortgages are in the priority of time. So a first mortgage would be first in time. If you have satisfied the original first or second in time mortgage(s) they are are no longer liens on your home and are no longer mortgages. So the next mortgage you put on your home would be considered at this... Read more »
A Partition Action is the forced division or sale of a property when two owners or more cannot come to agreement on how to divide or sell the property or buy the other party/ies out with respect to their ownership. It will take time and money as it is a lawsuit and it will cost time, money and... Read more »
This property came into my brothers' and my possesion via a will. One of us wants to sell the other doesn't. Is there a way the seller brother can get out of the ownership and not loose his equity?
The terms "ownership" and "equity" are related if not the same. So probably not.
If one of you wants to sell it and the other doesn't, that would be a typical reason for one of you filing a suit to "partition" the property.
Pump was installed without our knowledge and they are irrigating their land with our pond water. The pond is not shared or adjoining our lots. We contracted and pulled permits in 1970 to build the pond and it is a solid 100' from their property line with us.
Does the pond also adjoin their land? If so, it's not your water; you and your neighbor share it.
He shut the power off I had the power turned back on in my name he came in the middle of the night took the washer and dryer and left the door wide open do I have a case
Turning the power off alone is a constructive eviction under Florida Law. You should consult with an attorney experienced in landlord tenant matters in your area as soon as feasible.
payments to our original loan.
Is foreclosure required instead of eviction?
If so, can we do a DYI Foreclosure, i.e. - file all required documents, appear in court, etc.
I do not expect the buyer to contest the foreclosure (or hopefully, the eviction) as he cannot afford to... Read more »
The answer is a foreclosure.
Filing a residential foreclosure is a mind field of regulations not to mention the law. These regulations are all to protect the borrower - not you as the lender!
Get an attorney and do it right - it should only cost a few thousand dollars plus some... Read more »
In 1982 I got a divorce from my wife. My ex wife and our two daughters lived in the house in Suffolk county, NY. In case she sells the property I was supposed to get one third. I did not claim my portion because of the daughters, but my ex wife died in 2004, and the property was sold I believe by... Read more »
I would think that there is a good chance to get a portion of the proceeds. But you would have to ask a New York attorney; it has nothing to do with Florida law.
Does the title company doing the closing hold the proceeds until the deed is recorded?
Usually the deed is recorded after the proceeds are disbursed. It is now possible to record deeds electronically so they are submitted for recording. You will need to check with your attorney representing you in this transaction as to your concerns of protecting the transfer of title.
Due to the coronavirus we wish to cancel the purchase of the Georgia home and are afraid of the financial repercussions or the seller and broker suing us. Can we legally get out of the real estate contract due to the coronavirus?
Georgia contract = Georgia attorney. A Georgia attorney would need to review the contract for your legal options.
My older sister has died and my other sister and myself want to sell the house. How do we remove her name on deed and do I need to real estate attorney
Very sorry for your loss and the passing of your sister, please accept my condolences for you and your family. Depending on the deed and what it says (review yourself of with the help of an attorney), it is most likely that you will have to do a probate for your sister and see what her Will says... Read more »
We put the deed in both our names when something like this would occur. Does the deed supersede the will as the deed was never changed because I did not sign anything updating the deed. Thank you
It depends upon how the date specifically wreaths.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
