Florida Real Estate Legal Questions

All of your issues need to be included in a written lease agreement with the tenant, even if it is only a month-to-month lease. We usually see a late fee of at least 5% of the rental amount or $50 whichever is greater and a grace period of no more than five days, although you don't have to provide any grace period If you do not want to.  The Florida bar provides a standard residential lease agreement format on their website www.flabar.org. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

The only way to force a sale is through a partition action (court ordered sale), if the other owner is not willing to buy out your interest.  I assume that you cannot find a buyer of your share of the ownership? As for the mortgage, that is a contract with the lender, and short of refinancing or sale of the property, you cannot unilaterally force a removal of your name from the mortgage. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

You need to review all of the documents very carefully to see what obligations you signed or committed to. If you only signed the mortgage, then only your interest in the subject property is subject to the lien of the mortgage. No other assets of yours should be available to the lender, nor should you be obligated under the promissory note or promise to pay that was given to the lender.  Again, you must check carefully all documents to determine what obligations you actually have, as sometimes line of credit documentation has combined the promise to pay with the mortgage document.  Before assuming anything you should have a good real estate attorney review your documents. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

Technically, a co-owner has the same rights to occupy the property as any other co-owner. This is particularly problematic when one co-owner tries to exclude others from having similar rights to the property. An occupying co-owner does have the duty to account to the other co-owners and arguably should be paying fair market rent. If you don't like the situation, you can go to court and try to get a judge to order the partition of the property which is an order that requires that the property be sold. Usually when faced with that result, an arrangement is made between co-owners for a buyout of an interest, or the payment of rent, or something else similar to that. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

Although you could do this yourself, I would first recommend that you consider getting a realtor or experienced real estate attorney to help you through the process, especially if you have never done it before. As for the identity of the lender, you should be able to go to the online public records, or down to the courthouse/clerk, and search the property and obtain information identifying the current owner and lender.  If the prior owner is deceased It is highly likely that you will need to be involved somehow in a probate administration of the estate, if one has been commenced. Getting access to the probate case records is more difficult, and is another reason to engage an experienced real estate attorney. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.  ... Read More

No not a conflict of interest unless ARC member has an interest in the outcome (maybe if they were a neighbor, or a competing contractor, etc.).  The board should address whether the ARC member can also vote on the appeal, but I doubt they have done that.  I think it is normal for at least one ARC member to be on the Board also.   This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

The foreclosure is between you and the lender. The tenant's relationship with you is through the lease and has nothing to do with the foreclosure. Yes, you can start the eviction proceedings (assuming you have complied with all applicable notice and lease requirements). You may even be able to recover double rent for tenant's holdover. If tenant's conduct and/or comments about working with the State Attorney's office arise to the level that you feel threatened with retaliation of some sort, you should bring back to the attention of the State Attorney and I'm sure they will be able to address that internally to stop those threats. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

This can be a difficult question. In general, the decision to have your name removed from a note and mortgage is up to the lender, and unless the lender agreed in advance to the removal under certain conditions, they are not obligated to do so. The solution then as you suggest is to force your partner to refinance. Was there an agreement between the two of you that the partner would refinance? If there was no agreement, then on what basis and for what consideration did you sign a quitclaim deed? In other words, there may even be an implied agreement based on the circumstances of your signing of the quitclaim deed. If your partner refuses to refinance, I suggest you consult with an attorney who can advise you about the costs, process and probability of success for a lawsuit in this circumstance.... Read More

A house seller is obligated to disclose all known material defects that affect value.  If the noise is so loud that (i) the Seller knew or should have known; and (ii) your susceptibility is not out of the ordinary (meaning that the noise would disturb a reasonable person) then a claim may exist.  What is unusual is that the structural engineer said it was free from issues.  This makes no sense given the noise so the first step is to have the roof checked by a second engineer or a roof contractor and determine what is actually causing the noise.  Once that is determined, a claim could be made to the old owner to seek to recover the costs of the repair.... Read More

It isn't very simple to get the information, depending on what county records you are looking at. Apart from reviewing the official records and getting a copy of the recorded mortgage, the ability to review the docket of a foreclosure action is sometimes restricted.  Attorneys usually can sign up for access, and perhaps certain members of the public in certain professions.  Some counties seem to allow online access to view the docket only but not the filed documents in the court action.  Of course, you might be able to go down to the courthouse and ask to see the court file.  ... Read More

I would not stop payment on check as that can be regarded as bad faith, however, some buyers do that and nothing happens.  The seller may willingly terminate the contract and consent to the return of your deposit, or as you suggest, if you determine that there are legitimate inspection problems or are unable to qualify for the loan under the terms of a contingency for financing, then there should not be a problem terminating the contract.  Sometimes there are incomplete or inaccurate disclosures prior to the signing of the contract that can serve as grounds for termination as well. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

This is very confusing, especially as to dates.  Are you closing next week, or have you already closed? In general, if you received a benefit that you should not have received at closing, even if due to someone else's error or oversight, you have the technical obligation to correct the error.  Whether a party will come back against you is another question.  Usually at closings, especially with loans, you would have signed a document of the lender and/or closing agent whereby you agree to cooperate in making any corrections.... Read More

Foreclosure/short sale/bankruptcy strategies for your situation are difficult and you should probably have an attorney advising you through this process. Depending on your specific facts and when you filed for bankruptcy and whether the automatic stay has been listed on any foreclosure action against you, you may be able to stay in your house until July or you may be dispossessed prior to that. Some attorneys would advise in the situation to try to fight any foreclosure action so that you can remain in your property as long as possible. In addition, there may be some valid defenses you would have against your lender that could legitimately delay the foreclosure action and possibly even reduce the amount of any deficiency judgment (although if you are going through bankruptcy it is possible that no deficiency judgment would survive the bankruptcy).  If you can remain in the property until July you can then propose a deed in lieu transaction with the lender which I am sure they would willingly accept given the background of your bankruptcy filing. Please also note that there are some government programs that are available through lenders that could provide some relocation funding for you ("cash for keys" and other programs). That is another reason to contact an attorney in your area that deals with short sales and foreclosures.... Read More

If the foreclosure process has not proceeded to the foreclosure sale then they cannot change the locks in Florida.  I would put your statement and position in writing and send it to the short sale negotiator and if any foreclosure complaint has been filed send a copy to the assigned judge in the matter.  If you have not missed 3 payments, I doubt that foreclosure litigation has been started, but if so, I recommend that you get a foreclosure defense attorney to help you through this, even if you are pursuing a short sale.... Read More

It probably depends on exactly what decision you are referring to, but in general, when property is co-owned without a governing partnership agreement, each owner has a right to deal with the property and a duty to account to the others, within limits.  There are requirements that co-owners contribute to maintenance and preservation of property.  But additional development might be restricted.  One "ultimate" remedy in the event of disagreement is a partition action which is results in a court order to sell the property and have proceeds split. There are usually additional details which make it not so cut and dried.  Is one owner seeking restitution for advanced expenses?  Or fees for managing the property?  Or leasing out the property on lower than market terms?  Or using it without paying rent to the others?... Read More

Florida Statutes may prevent rental restrictions on grandfathered units.  If you own a unit and the Board adopts rules restricting leasing, those rules cannot be applied to your unit under Florida Statutes 718.110.  If they keep ignoring the law and state regulations, you can file a complaint against the Board with the state, and you can ask the Board to get an opinion from the Board's attorney about the enforceability of any leasing restrictions against your unit.  Before doing that, I would request a meeting with the Board President and let them know your concerns and ask what you can do to make these issues get resolved.... Read More

You have misquoted the statute.  Presuming yours is a residential tenancy and the notice was given by certified mail, the landlord appears to have given the notice within the required 30 days under the facts as you have presented. The relevant part of Florida Statutes Section 83.49 is as follows: (3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of   upon your security deposit, due to  . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to   (landlord's address)  . If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit. (b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. (c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.  You can find the entire statute and the other Florida statutes at: http://www.leg.state.fl.us/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes&CFID=236708877&CFTOKEN=28715719    The foregoing is specific to the law and procedure in Florida.  This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues. ... Read More

Based on your scenario- there does not appear to be a Will for your grandfather and it has been over 30 years during which time your Grandmother has paid taxes and taken care of the property. Your grandmother would need to file for a tax deed with the county tax collector's office. Next, she would file a lawsuit to quiet title. This means that your grandmother is asking the court to transfer the deed to her name. I would highly recommend that your grandmother consult the advice of an attorney so that they may properly review the facts of her case. - Lisa R. Wilcox, Esquire... Read More

I strongly recommend that you have your own attorney present during the foreclosure mediation.  The mediator cannot offer you legal advice during the process.  The bank's attorney represents the bank- not you. Additionally, you may have rights and defenses to the foreclosure that you are not aware of such that your attorney may determine you do not need to settle the case at the mediation.    -Lisa R. Wilcox, Esquire... Read More

You will want to contact your bankruptcy attorney and ascertain whether there is anything that you need to do with regard to the bankruptcy. Also, depending on the type of threats will dictate the action that you may need to take.  Specifically, if your former partner is threatening to sue you, you should contact an attorney to ascertain whether you need to take any action before the lawsuit is filed.  However, if your former partner is physically threatening you or making other criminal type of threats you will want to make a police report and potentially seek out a restraining order.  See - http://www.ehow.com/info_12167017_floridas-aggravated-harassment-laws.html.  In any of the above scenarios, I would first consult the advice of an attorney so that they may properly review the facts of your case.   -Lisa R. Wilcox, Esquire... Read More

Dear Anonymous, Unfortunately without looking at the Declaration of Condominium for your complex it is next to impossible to answer your question.  Generally, the Condominium Association Board could file a lawsuit against you to enforce the Declaration of Condominium.   The Association would need to purchase your condominium from you in order to make the rental their unit to manage or you would need to enter into an agreement with them to manage the unit. ... Read More

If you have already received the short sale approval letter from BOA, you will need to read it carefully to determine if the deficiency (i.e., the difference between the proceeds required by BOA and what you actually owe) is being waived. Traditionally BOA has not waived the deficiency, but each case is different.  Typically BOA will pay the real estate taxes because the lien of the real estate taxes is superior to the lender's lien. BOA has also recently been offering relocation assistance of $3,000 or more to sellers who meet certain criteria and are submitting for short sale approval. If you do not already have competent real estate counsel assisting you with this short sale, you should consult with a competent local real estate attorney to get advice specific to your situation. The foregoing is specific to the law and procedure in Florida.  This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues. ... Read More

Your rights and responsibilities are governed by your lease and by Florida law. I suggest you familiarize yourself with Chapter 83 of Florida Statutes. This is the link for your convenience: http://www.leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083PartIIContentsIndex.html&StatuteYear=2011&Title=-%3E2011-%3EChapter%2083-%3EPart%20II  If after reviewing your lease and the statutes you believe the landlord is in material noncompliance with the lease and/or the law, you can send the notice to the landlord provided by Florida Statutes Section 83.56. If you are not comfortable going through this on your own, seek competent local counsel to assist you. The foregoing is specific to the law and procedure in Florida.  This response does not constitute legal advice as the facts presented are limited and unstated facts will likely impact your particular situation. This response is intended for general education only and does not create an attorney-client relationship. Please schedule a consultation with a local attorney for more specific and detailed answers to your legal issues. ... Read More