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Tim Pribisco’s Answers

42 total

  • Statute of Limitations

    I wanted to know if there is a statute of limitations regarding attorney bills and when they can be disputed.

    Tim’s Answer

    Section 95.11(3), Florida Statutes, likely governs this scenario. Your obligation to an attorney for fees was likely set forth in a fee agreement, ie. a contract. Actions to enforce contract must be commenced within 4 years.

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  • What's considered normal wear and tear in regards to return on security deposit?

    Isn't it the landlord's responsibility to steam clean carpets and touch up the paint on normal wear and tear? And if I offer to handle the repairs can she mandate who provides the service?

    Tim’s Answer

    Generally, a rental agreement will control this scenario. However, if not stated in the lease, Section 83.51, Florida Statutes sets forth a landlord's obligation with respect to the property and Section 83.52, Florida Statues sets forth a tenant's obligations. The language in the statute is very broad. The need to steam clean carpets and touch up on paint could be considered above normal wear and tear depending on the extent of such activities.

    The landlord may dictate who handles repairs. This may be a provision of the lease as well.

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  • Chapter 7 Filed. Condo HOA Lawsuit for past dues was pending trial. HOA attorney did a Motion to Stay, not a Motion to Dismiss.

    Why would the HOA Attorney file a Motion to Stay and not a Motion to Dismiss. There is no lien on the property regarding the past dues and my Intention has been filed to surrender the Condo.

    Tim’s Answer

    It is a bit unclear from the facts you present with regard to the status of the HOA dues. If the case was pending trial there likely was lien filed or perhaps the HOA sued only for a money judgment and not foreclosure. In any event, HOAs are becoming increasingly more aggressive in moving foreclosure cases along. Because an HOA will get paid some of the outstanding dues when the property is sold at a foreclosure sale, an HOA has incentive to Move for Relief from Stay (meaning asking the court to have the bankruptcy protection as to your home lifted) and move along either the mortgage foreclosure case, or the pending case brought against you by the HOA so that the HOA can get paid from the sale of the property. Your bankruptcy case will limit the HOA’s ability to collect from you personally, but the HOA will get paid from proceeds of a sale of the property.

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  • Chapter 7 Form B8 - I am surrendering a Condo and leased vehicle. When do I contact the Creditors in these two instances?

    Chapter 7 filing and schedules are all in. Meeting of Creditors is scheduled for mid December . Do I make arrangements with the Mortgage Company and Auto Financing company prior to the scheduled meeting of Creditors?

    Tim’s Answer

    Your creditors should know of your intentions. It will now be up to them to claim the collateral (Condo and Car). They will contact you.

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  • Does someone need "Power of Attorney" to do walk through of property with tenant if owner is out of state?

    I own a house in FL, but live in CA. I gave my tenant 15 days notice to be out (there was no written lease). He refused doing a walk through with the person I sent to the property saying he needed "Power of Attorney" to do so, so there was no walk...

    Tim’s Answer

    Since the tenant has mailed the keys and it appears he has vacated, obtaining a power of attorney (POA) may not be an issue. When you receive the keys, I would instruct your agent who went to do the prior inspection to go back and try to do the inspection. If he has not vacated, you may want to get a (POA) just to make the process easier. This is a scenario that you arguably need a (POA) if the tenant is being unreasonable in not allowing your agent to do the inspection without a POA. If the tenant has not vacated the premises after the 15 day notice to vacate, you may commence an eviction action.
    As for the security deposit, it is in your tenant's best interest to provide you with a current mailing address since you only have the obligation to send the deposit or a claim upon the deposit to the last known address of the tenant. If you do not intend to impose a claim on the deposit, you have 15 days to provide the tenant with the deposit. If you do intend to impose a claim, you have 30 days to advise the tenant of your intent to impose a claim on the deposit.

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  • Can creditors come after my companies?

    I've lost everything with huge outstanding mortgage debts and now filing Chapter 7. I've also recently formed two companies this year that can transact any type of business, can my creditors bypass my chapter 7 filing and pursue me personally vi...

    Tim’s Answer

    The answer your question depends on the type of business. If the businesses are LLC's in which you are the only member, a partnership, or a sole proprietorship, the bankruptcy court could liquidate the assets of such business forms to satisfy your personal answer. If your business is a corporation, your personally held shares could be subject to liquidation to satisfy creditors. Otherwise, the general rule is that assets of another entity in which you are a party or that you own will not be liquidated to satisfy creditors unless there is a showing of fraudulently using the entity to shield personal assets.

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  • What is the Difference Between an 'Assigned Debt' and a 'Sold Debt'?

    When a collection agency sues a Pro Se Defendant in connection with an alleged credit card debt that was either 'assigned' or 'purchased', what is the difference? Whether an alleged debt was assigned or purchased from an original creditor; doe...

    Tim’s Answer

    I agree with Mr. Corbin's characterization of assigned vs. sold. Additionally, I would adhere to his caution regarding your proposed strategy. The Federal Debt Collection Practices Act (FDCPA) and the Florida Consumer Collections Practices Act (FCCPA) both set forth proper notice requirements and penalties for pursuing the collection of a debt in impermissible manners. Furthermore, the FDCPA entitles a consumer to a debt verification. These laws can help provide you leverage in settling the debt. Also, if the documents filed in the lawsuit clearly show that the plaintiff does not own the debt, these laws could provide a complete defense. Like Mr. Corbin suggested, negotiating a reduced payoff will likely be a better use of your time. An experienced collection attorney or some thorough research on your behalf could serve to provide you leverage in negotiations if the FDCPA or the FCCPA were not followed.

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  • How can we evict drug dealer and 4 other guest without paying from Motel in Kissime, Florida? When guest turn into tenant in FL?

    We just bought a Motel in Kissimmee, florida 7 days ago. We just find out too that there are 2 drug dealers living there from month to month. We have 5 people that do not want to pay when they find out about the transaction. The longest that have ...

    Tim’s Answer

    Section 509.141, Florida Statutes lays out the required procedures for removing undesirable guests from a motel.

    This is the applicable for removing a drug dealer from the motel:

    (2) The operator of any public lodging establishment or public food service establishment shall notify such guest that the establishment no longer desires to entertain the guest and shall request that such guest immediately depart from the establishment. Such notice may be given orally or in writing. If the notice is in writing, it shall be as follows:

    “You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state.”
    If such guest has paid in advance, the establishment shall, at the time such notice is given, tender to such guest the unused portion of the advance payment; however, the establishment may withhold payment for each full day that the guest has been entertained at the establishment for any portion of the 24-hour period of such day.

    (3) Any guest who remains or attempts to remain in any such establishment after being requested to leave is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

    If they do not vacate after providing this notice, provide a copy of the notice you either posted and delivered to the sheriff and this statue entitles the sheriff to arrest them for a violation of the statute.

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  • Can an hoa evict me for dues not paid by owners of my condo already in foreclosure by the bank

    i rent a condo that is being foreclosed on because the owners defaulted on the mortgage. the hoa fees were not being paid by my landlord, this was unknown to me. now the hoa association wants to double my rent and tells me i must pay them not my l...

    Tim’s Answer

    Section 718.3116(11), Florida Statutes provides a condo association (COA) the ability to demand a tenant who is leasing a unit to pay rent directly to the COA. This law is in place to protect COA in circumstances where a condo onwer is receiving rent from a tenant in a unit, but the assessments are not being paid. If the COA followed the proper notice procedures, it can avail itself to the Chapter 83, Florida Statutes concerning landlord/tenant law.

    Once the COA is acting as a landlord, it can evict, and in some instances, charge double rent. However, just as the notice provisions under COA must be followed in order for a COA to act as landlord, the COA must also follow the certain notice requirements to evict under landlord/tenant law.

    You will likely need an experienced association attorney to help you determine whether the COA is acting properly. However, generally speaking, both COA's and HOA's have the ability to act as landlords and evict for non-payment of rent provided that the circumstances justify such a scenario and the COA or HOA took the appropriate notification measures.

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  • Single family home landlord renting on his own without a real estate agent

    HUD is telling me that it has no jurisdiction after I had filed a complaint against my landlord. I have a section 8 Housing Choice voucher and I live in a single family home/private landlord. If the landlord retaliates against me after knowing tha...

    Tim’s Answer

    From the facts you present, your specific issue is unclear. What is the basis of the alleged discrimination? What did the HUD Complaint say? Often times homeowners' associations have certain restrictions on whether a property may be leased. More information would help provide a better response.

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