Florida Recent Legal Answers from Lawyers

RV Parks have a lot more leeway than mobile home parks predominantly because they are transient facilities rather than MHP which involve homes that are effectively fixtures. The remedy generally is to relocate to another more accommodating RV park. You can also hire a lawyer to address whether the RV park is actually qualified as a MHP and subject to Fla. Stat. 723... Read More

A legal and irrevocable gift of property occurs when 1) the giver intends to gift the property to another party and 2) legal title to that property is transferred from the giver to that other party.  If he didn't change the title from himself to you, then it's likely you will not have a case to sue. Discuss with counsel for more specific advice. ... Read More

Is the property you and his homestead? Is it your primary residence or is it a rental?  If it is your homestead, have you filed for homestead tax exemption (it is just an indicator that it is your homestead, not mandatory)?   If the property is your boyfirend's homestead, and depending on the type of judgment, the attorney may be precluded from foreclosing.  ... Read More

You will likely need to spend the money to hire a lawyer to address this. If the LL does not properly comply with Fla. Stat. 83.49 there is often argument that they waived the right to any claims against the security deposit. The LL is likely gambling you won't spend the money and they will keep the funds when you simply move on.... Read More

Merely because the owner died does not give the eventual successors to owner's interest to change the terms of the agreement.  First, unless and until the family members opened a probate and someone is appointed as a personal representative, no family member had the legal authority to act on anything.  Second, no attorney answering questions on these types of internet sites can provide the kind of specific advice you need, as it will require a review of the actual terms and conditions of the entire contract, the deed, and any probate court papers to advise on the potential rights and remedies of both sides.  One suspects, without knowing, the contract said you had to make the monthy payments regardless of death of owner, and as a practical matter, you should have held aside the monthly payments as your obligations under the agreement were equally still in effect and the day of reckoning was sure to come.  All this said, it is entirely possible that a negotiated settlement could result in a workout where it is more affordable for you to catch up.  Consultation with counsel well versed in probate and real estate as soon as possible is going to be to your best benefit as once a default notice is issued, penalties, higher interest rates, and attorneys fees may well be added to the balance due. ... Read More

  I’m very sorry for this tragic loss. A Personal Injury attorney can undertake investigation into the matter and explore options available to your family. Choose an experienced professional to guide and advise you. One who can determine all responsible parties and insurance coverages, including any first party coverages. However, if you are interested in consulting with one of us, you will have to reach out, as attorneys are unable to directly solicit on this forum.... Read More

YOu will simply need to spend the money out of pocket  on a defense lawyer to address the injury lawsuit regardless of whether you find it valid or legitimate. Obviously some doctors and lawyers involved disagree and that means a jury or judge might also to whatever financial risk exists.... Read More

Its arguable that this might be a violation of Fla. Stat. 559.72(7). The real issue is if you have the money, witholding payment under a 3 day notice is a bad decision and forcing the issuance of a 3 day notice baits both an eviction and an angry LL to deal with. If you have a 3 day notice served, that typically places you in the role of wrongful party not victim, because it starts with you breaching the rental agreement and being provided a last opportunity to pay the rent before eviction. Trying to pursue or leverage an FCCPA violation of nominal value is not likely a good trade off for an eviction. ... Read More

This question ended up in the construction law category and has been moved to property insurance in hopes of getting you better reponses.  Based on these facts you probably need to consult with a first party property insurance attorney to review whatever your insurance has offered as well as condo association law counsel to review the issues and potential remedies from the assocation or its roofing company.... Read More

There is no practical remedy that will cost less than $60.00 to resolve this issue. Your best remedy is to pay the $60.00 "under protest" if you must and secure the satisfaction of the lien and presumably a clear title. You can then spend the money to sue for return of the $60.00 if its that important tofight over. ... Read More

Your post is confusing as on one hand you complain that the conditions are intolerable and the landlord refuses to make repairs and then it seems refuse to leave and want to defend an eviction which would result in your removal from the property and demand the right to stay in such conditions. Your best bet is to retain a lawyer, possibly through legal aid if eligible, to negotiate a lease termination and relocate. ... Read More

You will need to retain a lawyer to review the details for a proper answer. That stated, if its a general easement, you will have a diffifcult time at best trying to prevent the other property owners use of the easement for access as they see fit. Its not a utility easement for power lines - you are describing denying access for vehicles temporarily accessing the other owners property, which typically is the very purpose of such an easement. ... Read More

This is an issue between you and your fiance to work out. Otherwise, trying to sue the future mother inlaw for removal from the apartment is likely to result in an EX-fiance and a lot of drama. That said, you need to review your lease with the fiance as most of them prohibit allowing others not on the lease to move in for any length of time and it creates a clear risk that the LL may sue all of you for eviction. ... Read More