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Matthew Howard Hinson

Matthew Hinson’s Answers

18 total


  • Can I consider tenant abandonment /surrender of dwelling unit or do I have to proceed with the eviction process?

    Tenant hasn't pd rent for 2 months and was arrested for child neglect. After being released told me she could not reside there due to death threats because of public knowledge of her address. Her furniture and personal items are still in apt as sh...

    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, especially if your contact covers abandonment. While there are statutes that deal with the doctrine of abandonment, there are also implications for accepting abandoned property from a tenant. You should contact a local landlord/tenant attorney to review your lease and advise you on the specific issue and facts related to your matter.

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  • FLORIDA TENANT AND LANDLORD QUESTION ON WITHHOLDING MONEY FROM DEPOSIT FOR DAMAGE AND RETURNING BALANCE

    MY FLORIDA LEASE LISTS A FL STATUTE SAYING LANDLORDS MUST SEND THEIR INTENTIONS TO WITHHOLD MONEY BY CERTIFIED MAIL TO LAST ADDRESS. I THEY HAVE NOT PUT IN A FORWARDING ADDRESS SO EVEN THOUGH THATS WHAT THE LEASE SAYS IS REQUIRED I TEXTED THEM...

    Matthew’s Answer

    I would add to the above answers by stating that, in my experience, sometimes better communication between landlords/tenants solve lots of issues when parties are being stubborn. If you have not already done so, you may want to inform them of why you need their new address (i.e., its required so that you can deal with the issue of the security deposit), not just telling them they need to provide it based on the lease. They may, or may not, be more cooperative. In all, you may need to contact a local landlord/tenant attorney that handles these matters so that they can provide you legal advice on your specific facts. Best wishes!

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  • Estate, inheritor refuses car that has a bank loan. Are they still responsible for any money due after car is sold.

    The Inheritor refused a car that had a large balanced due. She did not want to be responsible for the loan and the administrator returned the car to the bank. The bank sold the car for more than was due on the loan. The bank issue a check to th...

    Matthew’s Answer

    I agree that more information is needed as well. I would suggest that you speak with a probate attorney regarding the matter. Additionally, Florida Statute Chapter 739 (FLORIDA UNIFORM DISCLAIMER OF PROPERTY INTERESTS ACT) covers most actions to disclaim interests.

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  • Is an inheritance part of division of property in the state of Florida?

    My Mom left me an inheritance and I was wondering if I divorce my husband if he is entitled to any of her monies or property that has been purchased from her monies.

    Matthew’s Answer

    I would agree with Attorney Martinez. I have also edited your post so that attorneys practicing family law and division of property will also see your questions. I echo the comments that you should speak with a family law attorney regarding the specific nature of the assets.

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  • Can an executor of a will use the vehicle of the deceased or transfer the title

    My neighbor passed away recently and left me his 2012 pickup. The niece who is executor of his will plans to remove the truck and use it, I think she is intending on selling it

    Matthew’s Answer

    I agree with Attorney de Perry. I would also add that Florida Statute 733.607(1) appears to imply a requirement, not just an option, that the personal representative take control of the vehicle if it is for purposes of estate administration. As Attorney de Perry noted, if the creditor period is not yet up, this could be one reason for holding the vehicle. I would suggest that you hire a probate attorney if you have questions or are concerned with the property being preserved for your benefit.

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  • What legal action can I take if current probate attorney is siding with other PR and not making me privy to decisions.

    My sibling and I don't really know each other and are at odds. We are both PRs of my father's estate, but my sibling hired the attorney that is representing the estate. The attorney continually sides with my sibling and keeps me in the dark abou...

    Matthew’s Answer

    I agree with Attorney Martinez. Given the fact sensitive nature of your matter, and that you do have responsibilities as a personal representative, I would suggest obtaining your own counsel as personal representative.

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  • Withholding rent payment

    In Florida laws, under what situations can tenants withhold rent payment" This is single family house situation.

    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. I would highly suggest that you 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. In Jacksonville, it is Jacksonville Area Legal Aid (JALA). Best wishes!

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  • REGARGING CONTRCT LAW.

    I made an agreement with my sister to give her info to go forward with a wrongfull death lawsuit of our mother for a part of the moneys,because she is the personal representitive of the estate,and I could not go forward. she even wrote a handwritt...

    Matthew’s Answer

    The primary question that must be answered prior to being able to provide any advice in your matter is in which state has the estate administration been opened. The answers to your remaining questions would be based on that key piece of information. One of the areas in which my firm focuses is probate administration and litigation in Florida. If the estate administration is in Florida, my firm may be able to be of assistance. Feel free to call or email our firm for additional information regarding estate administration, distribution under a will, and beneficiary agreements under Florida law. Estate administration in Florida can sometimes get very complex and more information is needed to answer your questions. Best wishes!

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