Florida Real Estate Legal Questions

I presume from your facts that you failed to exercise the 5-year renewal option on your lease within the time frame required by your lease, and that your right to exercise the renewal option has expired or ended, such that you are now on a month-to-month tenancy.  If so and if you have no further renewal option that you can exercise, then you are fortunate that the landlord has offered you any compensation to leave.  Pursuant to Florida Statutes 83.03, a non-residential month-to-month tenancy can be terminated upon not less than 15-days written notice prior to the end of the month. This conclusion would be different, however, if there are additional lease provisions that you have not mentioned in your facts that you believe entitle you to compensation even after the lease has expired.  This also presumes that the renewal provision contains the typical requirement that it is up to the tenant to remember to exercise the renewal option and take the appropriate action or else lose that option to renew.   If the landlord does not have another tenant prepared to rent the space, I suggest you immediately attempt to negotiate new lease terms with the existing landlord or find new space from which to operate your business. 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

Look at your contract. Usually there is a provision that requires the seller to deliver the property free of any claims, liens, etc. If the seller is refusing to do this, the buyer usually will have the right to terminate the contract and get their deposits back. 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

Notwithstanding the foreclosure, you may have important legal rights pursuant to the federal Protecting Tenants At Foreclosure Act, which Act remains in effect through the end of this year. The following is a link to the Act: http://www.fdic.gov/news/news/financial/2009/fil09056a.pdf   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

Not sure that I understand your question. If prior to closing your inspector discovered termites but you did not get the seller the tent or treat  the property, then you will probably be deemed to have accepted the property in that condition. If you discovered termites after the closing, you would need to establish that the sellers were aware that there were termites and you might be able to recover from them. 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

If your parents are "giving" you the house using a quit claim deed, there could be a variety of tax and other liabilities that pass with the house. So, you could have liability for mortgages, property taxes, assessments, etc. that might be due or will become due on the property. While there is no specific tax liability for capital gains to you on a gift of the property, you will only acquire your parents basis in the property, which means that when you go to sell it you may have a capital gains tax to pay on the difference between their basis and the fair market sale price of the property. But that tax would be due (unless there is some exclusion like the $250,000 homeowners credit) once you sell it down the road. As with any tax advice, and legal advice, I strongly urge you and your parents to consult with a tax advisor and real estate attorney to make sure that your transaction is made in the most appropriate manner from a legal, liability and tax standpoint. 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

Depending on how the foreclosure was handled, a successful bidder could still have liability for second mortgages, property taxes, and a variety of other liens and interests.  An experienced real estate attorney can review the foreclosure complaint, order, etc. and obtain a title report to give you some idea of what liabilities could remain after the foreclosure sale. 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

Generally, the management of your Association (condominium or homeowners) has responsibility of maintaining and repairing certain elements of Association common property. If they are doing something wrong, then your board should take action against them and replace them if that is appropriate. But your connection with management is through the board and you should first try to address your question to the board. If the board is not doing its duty, you may have action for some breach of their fiduciary duty to you, but this could be a difficult path. You could also rally other homeowners to try to convince the board to take some action, and if they do not take the action that the majority is happy with, they can be replaced by majority vote at the next annual election. 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

What you are proposing can have several legal repercussions affecting a variety of people. This would include your estate plan, an analysis of the credit worthiness of any joint tenant, what your relationship is with the joint tenant and whether there is some agreement in writing that outlines the various terms and responsibilities of the joint tenancy, etc. If you want to give your parents a "life estate" in the property, then there is a way to include that in a deed when you're adding the other joint tenant. There are several types of "life estate" tenancies in that could be considered. I strongly urge you to go to a real estate attorney who can help you sort through these issues. It is not something that you should try to do by yourself or with just the title company. 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

Did the friend have a written agreement with the straw buyer? if so he may have to go to court to enforce that agreement. If the agreement was not in writing, he will have to prove that there was an agreement and with the terms of the agreement were. He probably should also be able to show that his funds were used for the purchase and payments for the property. Unfortunately, if the straw buyer does not voluntarily convey the property and (which may violate the terms of any mortgage), litigation to enforce the agreement may be the only remedy. 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 bank may just be servicing the loan on behalf of the actual owner. However, they should be able to guide you through the various refinancing and government program options that might be available to you. Unfortunately, since there is a foreclosure started, you really should get an attorney to guide you through this. Many Florida courts have arranged for free or reduced fee representation and counseling in situations such as yours. Perhaps you can call the local Bar Association and they may be able to guide you to some assistance. 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 tricky situation, but if you are still marketing for lots and you are a successor in interest or an assignee of the developer, the original covenants should be enforced and no dues should be assessed against the developer lots. This assumes that you are not using any of the lots. You might want to require the homeowners association to get an opinion of counsel before they take any action against you.   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

It sounds like you really need to have a combination of a financial planner and lawyer look at your situation to see if it is possible for you to get some relief and/or a mortgage modification. That to me is the more important issue. As for the pet policy, normally a board cannot force new policies against grandfathered situations so it is possible that your existing pet would not be subject to that policy. More importantly, if you feel strongly about that, you should either gather support to fight a pet policy or to drafted in such a way that it is acceptable to you and other owners.   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 are not allowed to discriminate on the basis of race, ethnic origin, gender, religion, etc.  Check out this website: http://fchr.state.fl.us/complaints__1/housing If you are disagreeing about the rate, and you can get fair market rent from other tenants, you do not need to give a discount.  Whatever agreement for a discount you had would be a contract dispute, and if the tenant did not comply with the terms of the contract, he or she is not entitled to the benefits. 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

If by "debts" you mean the mortgages on the property, the borrower remains liable for the mortgage debt AND the new owner takes the property subject to the debt.  A successful foreclosing lender can take title to the property and also pursue the original borrower for any deficiency. Also, there are very few instances where a quit claim deed is the appropriate instrument to use to transfer title to property. Typically some form of a warranty deed is preferred so as not to negate the warranties of title from any existing owner's title insurance policy. 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

The answer to your question depends on facts and circumstances and documents that will need to be reviewed. As you are Association, I strongly urge you to consult with an attorney to review all of this and give you specific advice.  I think the board has a fiduciary duty to the owners to get proper guidance and counsel answer this question. 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 can evict them if they do not leave voluntarily. The payment of rent to you has nothing to do with the status of the property being in foreclosure, unless the lender has notified the roommate that all rents should be paid directly.   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

Yes, depending on the level of misrepresentation, the seller could be liable to you and the listing agent could be liable as well. Of course, this depends on the facts and specifics of the agreement. If you got a survey that also showed that there was 100 feet of frontage on the water and this turned out to not be true, surveyor could be liable to you 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

You need to contact an attorney that is knowledgeable about loan modifications and workouts. There are many government programs that might provide some relief to your situation, and the way to start the process is to contact your current lender and see what programs they can offer to you. In the event that there are no programs that they can offer, you can try to "short sale" the property and through that process you might be able to negotiate no deficiency in the amounts owed to the lender. So yes, you can still try to sell it even during the foreclosure process. I do not understand the rest of the question that you asked the details. 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 contact an attorney that is knowledgeable about loan modifications and workouts. There are many government programs that might provide some relief to your situation, and the way to start the process is to contact your current lender and see what programs they can offer to you. In the event that there are no programs that they can offer, you can try to "short sale" the property and through that process you might be able to negotiate no deficiency in the amounts owed to the lender. If you just walk away, and you do not negotiate a "deed in lieu of foreclosure" with the lender to eliminate any personal liability, the bank will start foreclosure proceedings against you and get a judgment against you personally. They will also be able to sell your property to satisfy their judgment and any deficiency between the amount of proceeds after sale and the amount of their loan (plus attorneys fees, etc.) will be a personal judgment against you that they can pursue against you. Many attorneys  can help you sort through these options. 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

Usually utility boxes are placed on easements that have been granted previously by prior owners or  developers.  In that event no rent would be due as they have the right to use for their purposes.  If there is no easement, then you can demand that they remove the item.  If you want to negotiate for a payment or an easement, then an attorney would need to get involved to review and/or draft the appropriate documents.  You can contact the utility company to try to start the negotiations and and sometimes will draft the necessary documentation. However, I would suggest that an attorney review the documents to make sure that they are appropriate.  A local attorney could also determine an appropriate payment for the area. I cannot give you a referral since I don't know where you're located. 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

Yes, you can charge an entity for continuous trespass if you can prove the equipment is located within your property line. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Read your lease closely.  There maybe a section in the lease allowing for terminating the agreement.  Absent a section allowing for termination, you should contact a local landlord/tenant attorney to determine what your options are, and how best to proceed. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

If you are asking about the tax assessed value for real property taxes, that is based upon the fair market value of the property.  You should ask the local county's property appraiser's office for the calculation. If you are asking about the amount upon which documentary stamp tax would be based for the transfer, the Florida Department of Revenue would seek tax based upon the consideration being exchanged. If this is unencumbered property for no consideration, then only nominal (i.e., 70 cents) documentary stamp tax would be due. 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