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Matthew Howard Hinson

Matthew Hinson’s Answers

18 total


  • Landlord/tenant-direct deposit

    I have a potential tenant who is making solid income (social security benefit + professor salary), but has previous history of eviction. I understand even if tenant agrees to direct deposit, he can stop direct deposit any time. Is there some...

    Matthew’s Answer

    Your questions appears to have both practical and legal aspects to it. From a practical aspect, it is difficult to "guarantee" uninterrupted rent payments, but I would agree that direct deposit is one of the better ways to collect.

    You may want to also consider discussing this matter with a landlord/tenant attorney in Jacksonville to ensure that you are protecting yourself with a lease that provides you with efficient remedies should the potential tenant default in the future.

    All the best!

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  • I lived in my Florida apartment for 8yrs. After moving they are trying to make me pay for the replacement of the carpets.

    Is this legal since after 8 yrs they would replace them anyway.

    Matthew’s Answer

    I would agree with Attorney Poole. Landlord/Tenant disputes are often governed by both the contract and Florida Statutes. As a result, they are often very fact specific and driven by the contract you signed. In circumstances involving "normal wear and tear" of carpet, there are also prior cases decided by the courts that could apply. One of the first fact inquiries could be the life expectancy of the carpet (i.e., 3 year, 5 year, 10 year carpet). You should contact an attorney to review your specific scenario (including reviewing the contract) and provide you with their opinion as to your options.

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  • What can i do to fight an eviction stating i didn't pay rent when I did in Florida

    I had some car trouble and paid rent a little late, racked up to $745 and I paid $850 for november and haven't been able to pay for december yet as I'm waiting on my paycheck on the 14th, I've been talking with the office back and forth trying to ...

    Matthew’s Answer

    I agree with Attorney Murrell but would add that you may want to consider looking at your lease agreement as well. In some occasions (not often), the lease may require different procedures/time frames from what are stated in the Florida statutes for defaults on rent payment or other provisions of the lease agreement. As Mr. Murrell stated, hopefully you are be able to work out an agreement with the apartment complex in either case. All the best!

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  • Using last months rent and security to cover damages?

    Tenant left a month early on month to month his damages is more than the security ,can I use some of his rent?

    Matthew’s Answer

    Unfortunately, landlord/tenant law is an area that is governed by both statutory and contractual law, as well as decisions handed down by appellate courts. Thus, they are very fact specific to your particular matter.

    First, you must look to the contract and the obligations/remedies that the contract provides for both parties. It may speak to what you are allowed to do with over payments. It may also speak to whether you have waived your right to seek attorney's fees under Florida Statutes if you are successful in suing on a provision of the lease. Second, I am slightly confused by your question. Was the tenant month to month and terminate the tenancy by moving out or did the tenant leave one month early from the end of the tenancy.

    Again, landlord/tenant matters are very fact specific. I would suggest that you retain a landlord/tenant attorney to advise you on your situation.

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  • Can I get my money back? Legally?

    Landlord does not want to refund the monies given for apartment, 1700. Move in day comes along the apt is still not ready as promised few weeks before I still move in my stuff, then the next day move everything out it hasn't been a week can I get ...

    Matthew’s Answer

    I too am having a hard time understanding the facts. Can you clarify when the apartment was supposed to be ready, when you moved in, when you moved out, and specifically why you moved out. I would be happy to provide further comment.

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  • Who are legal inheritors in Puerto Rico?

    Father passed away 30 years ago, he left wife, four siblings ,one is from another relationship (half sister). Wife recently passed and from the four sibling one (brother that has been divorced for 30 years) and his only sibling also passed away, l...

    Matthew’s Answer

    I agree with the above attorney, if the decedent passed away in Puerto Rico and the property is in Puerto Rico, you need to seek counsel from someone licensed to practice law there. In Florida, your situation would be affected both by probate law (how property passes when there is or is not a will) as well as Florida Homestead laws (possibly).

    You should seek an attorney in the appropriate jurisdiction. Best of luck!

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  • Whos responsable for exterminating a rented dwelling... Tenant or landlord? Do I have a case? Should i get a lawyer?

    The dwelling I rented is infested with bedbugs, but the landlord refuses to properly exterminate the dwelling and my belongings. I have documentation pictures and statments from my previous landlord supporting my case. I just would like to know if...

    Matthew’s Answer

    Unfortunately, landlord/tenant law is an area that is governed by both statutory and contractual law, as well as decisions handed down by appellate courts. Thus, they are very fact specific to your particular matter.

    First, you must look to the contract and the obligations/remedies that the contract provides for both parties. If your contract references who is responsible for exterminations, then the contract will govern your particular fact pattern. If it does not, it is likely that a court would rule according Florida Statute 83.51(2)(a), which states that "the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:
    1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. "

    You should retain an attorney to discuss your situation, as Florida statutes and your contract will determine how you respond to your landlord's failure to comply. There are statutes that specifically deal with the procedure in which you must inform the landlord, as well as time frames that the landlord has to comply after that notice is provided.

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  • How can one serve Adversary Petition in Probate Action (Mail or Process Server)?

    I understand Rule 5.025(b) that the petitioner should serve a formal notice of adversary proceeding in probate with the petition and after service of that formal notice, the rules of civil procedure apply, but by what means is the adversarial peti...

    Matthew’s Answer

    Florida Probate Rule 5.040(3) covers the methods in which formal notice shall be served.

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  • We rented a home in June and found out in August that it was in foreclosure. Can I break my lease without it ruining my credit?

    We found out about the foreclosure when they tried to serve the former tenant, it has been in foreclosure since march! Do i have the right to break my lease early?

    Matthew’s Answer

    While I would mostly agree with the attorney's answer's above, I would not automatically say that you cannot move out.

    Landlord/tenant law is an area that is governed by both statutory and contractual law, as well as decisions handed down by appellate courts. Thus, they are very fact specific to your particular matter.

    First, you must look to the contract (if there is one) and the obligations/remedies that the contract provides for both parties. It is unlikely that your lease would have a clause regarding the home going into foreclosure, but I would not rule it out without reviewing it first. Additionally, some leases have provisions regarding notice and the ability to get out of the lease prior to it's stated termination.

    Second, if there is not a written contract, and or you are month to month, you may be able to simply provide the statutory notice required.

    While it is not likely that you will be able to move out, one could not say without a further review of the circumstances. You should contact an attorney in your area who can review your written lease (if applicable) and/or provide other suggestions after they have taken into account all of the facts surrounding your matter.

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  • Am I required to pay rent?

    I withheld rent from my landlord in Sept with proper notice for a leaking roof (practically flooded my living room). It took them over 6 weeks to repair, including removing carpet and holes in the walls to locate leak, rendering half the apartment...

    Matthew’s Answer

    Unfortunately, landlord/tenant law is an area that is governed by both statutory and contractual law, as well as decisions handed down by appellate courts. Thus, they are very fact specific to your particular matter.

    First, you must look to the contract and the obligations/remedies that the contract provides for both parties. Second, you must look to Florida Statutes. Florida Statute 83.60 sets out a specific procedure that, if you are allowed by law or by contract to withhold rent, you must follow so that you can defend an action against you. It also states, among other things, what should be done with the rent that is withheld if the landlord brings an action against you.

    Again, landlord/tenant matters are very fact specific. You should retain a landlord/tenant attorney to advise you on your situation. If you are unable to afford one, feel free to contact your local legal aid. Best wishes!

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