Barry Barnett Ansbacher’s Answers

Barry Barnett Ansbacher

Jacksonville Construction / Development Lawyer.

Contributor Level 7
  1. My rental on forclosure and landlord and broker did not tell me when I sign a lease, can I take them to the court for that?

    Answered about 3 years ago.

    1. Barry Barnett Ansbacher
    2. Royce Brent Bishop
    3. Marshall C Deason Jr.
    3 lawyer answers

    Every lease has an explicit or implied right of "quiet enjoyment." What this means is that, except for matters specified in your lease, you have the right not to be disturbed in your use of the rented property. This right is subject to your obligation to timely pay rent, and comply with the lease terms. The existence of the foreclosure may, or may not violate your right of quiet enjoyment. If you are named in the mortgage lawsuit, served papers, or threatened with being dispossessed it is...

    Selected as best answer

  2. For Florida condos, who can be designated as an approved voter by a unit owned by a corporation or LLC?

    Answered 11 months ago.

    1. Barry Barnett Ansbacher
    2. Barbara Billiot Stage
    2 lawyer answers

    If they own or are the representative of one or more entities which own more that one unit then the answer is yes.

    1 lawyer agreed with this answer

  3. Mortage is in my name and our home in my name. I want to make sure that if i die my husband gets the house. how do I do that?

    Answered over 1 year ago.

    1. Barry Barnett Ansbacher
    2. Carol Anne Johnson
    3. Marshall C Deason Jr.
    3 lawyer answers

    You can transfer title now by deed to the two of you as husband and wife. As now titled on your death your husband would get a life estate and the remainder interest after your death would pass to your kids.

    1 lawyer agreed with this answer

  4. Are texts sufficient written notice to terminate my lease on the grounds of uninhabitable conditions per statue 83.56?

    Answered over 1 year ago.

    1. Barry Barnett Ansbacher
    2. Carol Anne Johnson
    2 lawyer answers

    You should send the notice by mail, or hand delivery OR as specified in your lease agreement. Although not typically required I would send by verified method such as certified mail.

    1 lawyer agreed with this answer

  5. Is the landlord responsible for cockroach infestation?

    Answered over 2 years ago.

    1. Barry Barnett Ansbacher
    1 lawyer answer

    Typically yes. Florida law provides that the landlord is responsible for extermination of rats, mice, roaches, ants, wood-destroying organisms, and bedbugs. There are exceptions. First, is if the infestation is caused by the tenant. For example, if you do not keep the unit clean. The other exception is that the duty for pest control, in a single family home or duplex, can be placed on the tenant by the terms of the lease. Unless your case falls into an exception, you should make a...

    1 lawyer agreed with this answer

  6. What remedies does a condo unit owner have against a condo association that has not maintained a roof over the condo?

    Answered over 3 years ago.

    1. Barry Barnett Ansbacher
    2. Marshall C Deason Jr.
    2 lawyer answers

    You should pursue your remedies through your attorney. Florida Statutes 718.303 (1) Each unit owner, each tenant and other invitee, and each association is governed by, and must comply with the provisions of, this chapter, the declaration, the documents creating the association, and the association bylaws which shall be deemed expressly incorporated into any lease of a unit. Actions for damages or for injunctive relief, or both, for failure to comply with these provisions may be brought by...

    1 person marked this answer as helpful

  7. Is a condominium association allowed to withhold access to an entry gate via gate card due to an assessment balance owed?

    Answered almost 4 years ago.

    1. Barry Barnett Ansbacher
    1 lawyer answer

    Condominium associations do have the right to withhold privileges for failure to pay assessments; however, they cannot deny access to your unit. If access is available by other reasonable means, such as driving through the manned security lane, then the suspension may be valid. This is an area which is subject to debate.

    1 person marked this answer as helpful

  8. Can a renter be evicted for not paying the homeowners HOA fees?

    Answered almost 4 years ago.

    1. Barry Barnett Ansbacher
    1 lawyer answer

    Yes this is on account of a Florida law that became effective last year you could be evicted. The tenant can avoid the outcome by paying the rent to the association, or by filing an interpleader action. (8) If the parcel is occupied by a tenant and the parcel owner is delinquent in paying any monetary obligation due to the association, the association may demand that the tenant pay to the association the future monetary obligations related to the parcel. The demand is continuing in nature,...

    1 person marked this answer as helpful

  9. If original HOA has dissolved by state in 1993 and new owners control 80% created new HOA 2006. Do I belong to new HOA?

    Answered over 2 years ago.

    1. Margery Ellen Golant
    2. Marshall C Deason Jr.
    3. Robert Jason De Groot
    4. Barry Barnett Ansbacher
    4 lawyer answers

    Although your question focuses on the homeowners association, the key document is in fact the declaration of covenants recorded in the public records. Associations derive their authority through the covenants which each homeowner is deemed to have accepted by taking title to property within a deed restricted community. The Florida marketable record title act is one of the more confusing statutes, and is often misunderstood. Covenants are sometimes explained as expiring "within thirty...

  10. We had new roof put on our home,when finished the color is different than the sample that we chose from,what are our options?

    Answered over 2 years ago.

    1. Barry Barnett Ansbacher
    2. Jeffrey Lee Price
    2 lawyer answers

    The first thing to do is to read over the "proposal" again. Often, despite the title, the document once signed by you becomes a binding contract. Typically for matters under $5,000 I would suggest you address the dispute in small claims court, but the Florida Construction Lien Law is very complex, so if you are being threatened with a mechanic's lien, you need to consult a local attorney. I suggest you start with a review of Board Certified Construction Lawyers in your area. A list is...

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