Preston Hall Oughton’s Answers

Preston Hall Oughton

Jacksonville Estate Planning Attorney.

Contributor Level 11
  1. Three day notice has incorrect date

    Answered 7 months ago.

    1. Mark Theodore Tischhauser
    2. Preston Hall Oughton
    3. Alfonso J Juarez
    4. Barry A. Stein
    4 lawyer answers

    Chapter 83, Florida Statutes govern what is a proper 3 day notice. It does not sound like the one you received is and you would have a valid defense if an eviction was filed on that notice. I recommend you talk with an attorney about your situation. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal...

    5 lawyers agreed with this answer

  2. How can I get out of a lease before even moving in? I need to move out because my roommates will be doing drugs.

    Answered 7 months ago.

    1. Preston Hall Oughton
    2. Mark Theodore Tischhauser
    3. Harley Herman
    4. Jimmy Allen Davis
    4 lawyer answers

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when the tenant needs break the lease. Generally, tenants are not allowed to break the law or they risk also breaking the lease. I recommend you talk with an attorney about your situation, but you may try talking to the landlord first. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton,...

    4 lawyers agreed with this answer

  3. We have lived in an apt complex for 4 years. Now the complex wants us to move to another apt. in the same complex.

    Answered over 2 years ago.

    1. Preston Hall Oughton
    2. Heather Morcroft
    3. Dennis Andrew Chen
    3 lawyer answers

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when the landlord needs the tenant to relocate. Generally, landlords are not allowed to require tenants to move to another location, but it may be that the landlord would be willing to work out a deal to cover the cost of movers. I recommend you talk with an attorney about your situation. This response does not create an attorney-client relationship. Unless you are already...

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  4. Was I properly served?

    Answered about 1 year ago.

    1. David P Fraser
    2. Gregg J Ormond
    3. Preston Hall Oughton
    3 lawyer answers

    Avoidance of service by denial of your identity is not a valid defense to improper service. Yes, you were served properly. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@...

    3 lawyers agreed with this answer

  5. I want to move out of house where I rent a bedroom, all I signed was a handwritten 1 year lease

    Answered about 1 year ago.

    1. Omar Carmona-Sanchez
    2. Carol Lynne Zimmerly
    3. Preston Hall Oughton
    3 lawyer answers

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when the tenant needs to terminate the lease before the end of the lease term. Generally, landlords may require you pay the rent until they find another tenant to replace you. Because the lease was hand-written, there may be something that allows you avoid paying rent if you do terminate, so I recommend you talk with an attorney about your situation. This response does not...

    3 lawyers agreed with this answer

  6. How are we defendants on a foreclosure for the home we are leasing? Why did this happen?

    Answered about 1 year ago.

    1. Shawn B Alexander
    2. Robert J Adams Jr.
    3. Preston Hall Oughton
    3 lawyer answers

    Foreclosure is a judicial process and can includes anyone that has any interest in the property. As a tenant you have a possessory right under the lease agreement. If you are not represented by an attorney, I recommend that you consult an attorney to better understand the process and protect your legal rights. This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you...

    3 lawyers agreed with this answer

  7. What is Foreclosure Mediation?

    Answered over 1 year ago.

    1. Andrew March Lyons
    2. Leonore M. Greller
    3. Preston Hall Oughton
    4. Andre Keith Sanders
    4 lawyer answers

    A mediation is sometimes requried in litigation before the case can move forward towards trial. Both parties typically share the cost of mediation. Mediation can be helpful if the parties truly want to settle the matter without having a court decide it for them. Foreclosure mediation has not been overly successful in my experience because the lender either 1) wants the borrower to catch up the payments and the borrower does not have the funds or 2) re-requests documents for a loan...

    3 lawyers agreed with this answer

  8. Landlord harassing and making threats.

    Answered over 2 years ago.

    1. Kristopher Robert Reilly
    2. Preston Hall Oughton
    3. John Michael Phillips
    3 lawyer answers

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline the relationship between you and your landlord. Generally, landlords are not allowed to harrass their tenants. False reports to the police and DCF can lead to fines. I recommend you talk with an attorney about your situation because your situation escalates with the landlord again. This response does not create an attorney-client relationship. Unless you are already a client of the...

    3 lawyers agreed with this answer

  9. Is there a Statute of Limitations on a promissory note that was to be paid out by 2005. This was a business buyout.

    Answered over 2 years ago.

    1. Preston Hall Oughton
    2. Robert John Murillo
    3. Linda Yin Liang
    3 lawyer answers

    The Promissory Note will govern the relationship between the lender and borrower. Most promissory notes will outline the terms of the payments. Generally, the final payment of a promissory note signifies the last date on which the promissory note can be satisfied without a breach. In Florida, the lender would generally have five (5) years in which to bring an action under breach of promissory note, but that may not preclude the lender from bringing an action for damages under another legal...

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  10. How Is Probate for Cars Different Than Other Probates?

    Answered over 3 years ago.

    1. Preston Hall Oughton
    2. Kelly M. Shovelin
    3. Eliz C A Johnson
    3 lawyer answers

    If the vehicle was the only car the decedent (person who passed way) used for personal use, then the vehicle is exempt from probate per Florida Statutes. If there is more than one vehicle, then one vehicle will be exempt and the other would go through probate. I would recommend having an attorney handle a probate where the decedent had numerous assets in their estate. To reduce complications of a vehicle that is exempt from probate, have all the heirs sign a waiver (assuming their is more...

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