Barry Barnett Ansbacher's Answers

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?

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...

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Is the landlord responsible for cockroach infestation?

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...

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

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...

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

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.

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

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,...

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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?

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...

Who gets to use an easement on my property?

Your questions can be answered only by first reviewing the applicable agreement, or determining that there is no agreement. Easements can be created by use, or by legal agreement. Your first step is to have a real estate attorney (not a general practice attorney) review the title policy and survey for your home. Once you determine the basis for your neighbor's use of your land, you will be able to analyze whether the use violates the terms of the easement agreement.

Was evicted legally and can't get my stuff - what do I do?

If the eviction was proper, then typically the Landlord will put your items onto the street and will not have any further obligation. If, however, the Landlord retained your personal property, and assuming the Landlord is not imposing a lien, they should return your items and may be liable to you for improper care. As to the medication, you should write and hand deliver a letter to the manager, or their superior is need be, requesting your medicine. I cannot imagine that the Landlord would...

What can/should my HOA do? What should I do?

Your covenants may allow some exceptions to the 55+ requirement; however, the other issues you speak of constitute both criminal acts and would be violations under most covenants. Although the typical procedure is for the community association manager to initiate enforcement action, that is not the only option. Most residents are unaware that they can bring their own action to enforce the covenants including the provisions against creating a nuisance. If this situation is unacceptable to you,...

I am going to walk away from my condo and letting to foreclose. If I don't pay the maintenance fees what can they do. Wynmoor.

The owner of a condominium can be held personally liable for the assessments. Many associations do not bother, but you may be sued for the money you owe. If you are moving out shortly it may not matter, but many associations will file a foreclosure of your unit and may accelerate the foreclosure timetable.