Tim A Pribisco Jr.’s Answers

Tim A Pribisco Jr.

Contributor Level 8
  1. I received a notice of "Motion for Default" for a home I am renting. How will that effect me as the tennant?

    Answered about 2 years ago.

    1. Alison Nicole Emery
    2. Esmond Jude Lewis
    3. Tim A Pribisco Jr.
    3 lawyer answers

    I agree with my colleagues, and would like to point out a scenario which may or may not be applicable here. If your rental home is in a homeowners' association (HOA) and the homeowner is not paying dues, the HOA can collect rent from you directly to pay the dues. Upon proper notice, and your failure to pay rent to the HOA, an HOA may act as a landlord and evict you. So, if the home is in an HOA watch for letters from the HOA regarding rental payments. If this occurs, payment to the HOA will...

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  2. If my vehicle is paid for and more than ten years old, would I need to surrender the vehicle in a Chapter 7 bankruptcy?

    Answered over 2 years ago.

    1. Lewis Matthew Roberts
    2. Tim A Pribisco Jr.
    3. Eugene Jacobs Laneve
    4. Dorothy G Bunce
    4 lawyer answers

    I will concur with the remarks of my colleaugues above. I will add that my experience with Chapter 7 bankruptcy in Jacksonville is that the trustee usually considers the NADA valuation. Thus, you will be entitled to expempt at least $1000 of the value of the vehicle and perhaps more depending on the availability of exemptions in your case.

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  3. Hi there , I was wondering if someone didn't sign a rental agreement can a landlord a give a 3 day eviction notice?

    Answered about 2 years ago.

    1. Tim A Pribisco Jr.
    2. Carol Lynne Zimmerly
    2 lawyer answers

    A landlord must provide a 3 day notice to all occupants in the leased premises. The non-payment of rent by the tenant(s) who signed the rental agreement can result in a landlord's right to evict all residing in the property regardless of whether they signed a rental agreement.

    3 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Tim A Pribisco Jr.
    1 lawyer 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....

    3 lawyers agreed with this answer

  5. How long do we have?

    Answered about 2 years ago.

    1. Shawn Michael Yesner
    2. Tim A Pribisco Jr.
    3. Jeffrey Alan Klein
    3 lawyer answers

    It is difficult to predict how long it will take the plaintiff to foreclose since numerous factors will dictate the length of litigation. Pre-suit defects in the plaintiff's notices, origination issues, a plaintiff's compliance with discovery requests, plaintiff's counsel's workload, and mandate to move cases along are among the factors to consider. A foreclosure defense attorney can help assess these factors and provide you with an objective assessment of how long it will take for the...

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

    Answered about 2 years ago.

    1. Carol Lynne Zimmerly
    2. Tim A Pribisco Jr.
    2 lawyer answers

    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...

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  7. Can a rental community manager refer a delinquent rental agreement to an attorney after rent is only 13 days late?

    Answered about 2 years ago.

    1. Tim A Pribisco Jr.
    2. Dennis Andrew Chen
    3. Carol Lynne Zimmerly
    3 lawyer answers

    Your lease likely states and Chapter 83, Florida Statutes provides that a landlord can collect attorney fees for enforcing a breach of a lease term. Since paying your rent by the 5th is a term which you breached, the landlord can collect attorney fees, late fees, and rent for having to enfore your compliance with that provision. However, if he is trying to evict you from the premesis, there are notice provisions and other procedural requirements the labdlord must follow to evict and collect...

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  8. 83.58, Florida Statutes- tenant holds over and continues in possession of the dwelling unit

    Answered about 2 years ago.

    1. Tim A Pribisco Jr.
    1 lawyer answer

    If the tenant was evicted after a hold-over period, 83.58, Florida Statutes would apply as to your ability to collect double rent from the hold over tenant. Thus, your judgment for past due rent would include double rent for the holdover period.

    2 lawyers agreed with this answer

  9. Can my landlord put me out because i am 26 days late on my rent

    Answered about 2 years ago.

    1. Tim A Pribisco Jr.
    2. Alan Smith
    3. Carol Lynne Zimmerly
    4 lawyer answers

    Upon providing you proper notice, and assuming you have breached a lease provision (paying rent), a landlord can start eviction proceedings against you. If your landlord prevails in the eviction proceeding, the landlord will get possession of the unit, you will be "out," and the landlord can potentially collect unpaid rent, attorney fees, and costs from you.

    2 lawyers agreed with this answer

  10. Can a apartment that i broke my lease with not rent the apartment and hold me reponsible untill the lease is up in april.

    Answered about 2 years ago.

    1. Tim A Pribisco Jr.
    2. Lucreita D. Becude
    2 lawyer answers

    When a tenant breaches a lease by vacating prior to the expiration of the lease term, a landlord has three options, take control of the unit for the landlord’s own benefit and forgive the remaining rent, attempt to re-let the premises, but hold you liable for the amount of time the unit un leased within the original term, or do nothing and hold you liable each month when rent is due. If you signed a writing with the landlord after making a subsequent payment which limited the landlord's...

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