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Preston Hall Oughton

Preston Oughton’s Answers

137 total


  • Is a debt collector allowed to call my grandmothers house?

    i was going to an online school(Penn Foster) and I made one months payment and after that month I had to quit and now they keep calling me to collect about 1500-2000.

    Preston’s Answer

    The Fair Debt Collection Practices Act governs how debt collectors may collect debts. Debt Collectors are allowed to call you at your residence, but if you do not live with your Grandmother, then the debt collector should not call that number. 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 advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Three day notice has incorrect date

    Served three day notice today, Saturday, 4/19/14 and date indicated to have monies paid by 4/22/14. Is there anyone I need to notify that the notice is incorrect.

    Preston’s Answer

    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 advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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

    I signed a 3 way lease at the end of march, for a lease starting August 1st. My two roommates will be smoking weed and doing all sorts of drugs, just the smell of weed makes me sick. They promised they weren't going to do any, but they will and a ...

    Preston’s Answer

    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, 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@oughtonlaw.com (904) 854-6336.

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  • In a evection case landlord messed up paperwork for evicetion process. judge dismissed with 20 days to amend. today 16th have

    to motion to get all evidence and court info again? or can I just motion to enter in the evidence that is already in the case. and yes was dismissed but not closed.

    Preston’s Answer

    If the Landlord fails to follow the court order, then the case will be closed without any further action on your part. If the Landlord amends, then I recommend you seek legal counsel.

    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@oughtonlaw.com (904) 854-6336.

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  • Trying to kick my horrible roommate out

    I let a homeless friend move in a few months ago. I am on a month-by-month lease with my land lord. My roommate is not, in fact, my landlord dislikes them as well. My roommate has paid me rent in full for the past 2 months. The first month they g...

    Preston’s Answer

    This sounds like a civil matter and I do not believe the police will remove this roommate without a writ of possession. You or your landlord may take action to legally remove the property, but you may open yourself to liability under Chapter 83, Florida Statutes if you constructively evict this roommate. 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 advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • A roommate failed to meet stipulation agreement to avoid eviction. What is the next step to bring back to the judge?

    Stipulation was agreed upon, He failed to meet the requirements and need to know next step for calling the court is leading nowhere. Thanks

    Preston’s Answer

    The Stipulation will govern the relationship between the parties. Most stipulation agreements will outline what happens when a party breaches. Generally, the party in breach will pay the consequences of the breach, but you might be able to negotiate with the non-breaching party to avoid the consequences yourself. 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 advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • In the state of Florida does a private mortgage on a house have to be recorded to be eligible for IRS mortgage interest writeoff

    I am asking about a private mortgage on a house between to parties that is legal, signed, and notarized if it must be recorded before you can write off the mortgage interest with the IRS.

    Preston’s Answer

    Yes and the mortgage must be recorded before any other mortgage to have priority. Call your local clerk of court to ask about all the costs associated with recording a mortgage and record the mortgage sooner than later.

    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@oughtonlaw.com (904) 854-6336.

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  • We have a three year lease that stipulates that the owner of the house in which we are living is responsible for major repair.

    We found a home we thought we might like to purchase. We decided to lease it first. We identified the leaking roof before we leased the house. The owner put a tar patch around the roof but it didn't fix the problem. Now the owner refuses to do...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when a repair is needed at the property. Generally, landlords are required to make major repairs. I recommend you talk with an attorney about your situation. I agree with the other attorneys that the landlord may be in breach of the lease agreement.

    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@oughtonlaw.com (904) 854-6336.

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  • If the management doesn't want to renew my lease, what reason would they give on the eviction papers for the judge to sign?

    I've lived here for 5.5yrs and on 3/5/14 I received a letter saying they didn't want to renew my lease but didn't give reason on the letter. I did talk with management and asked what the reason why they didn't want to renew my lease. I understand ...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when term expires. Generally, a tenant is a holdover tenant under the Florida Statutes and most lease agreements. A holdover tenant may have to pay double the amount of the rent listed in the lease agreement. 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 advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • If a Landlord / Trustee is in foreclosure proceedings already, must he disclose this fact prior to renting the property ?

    What are the remedies available to the tenant against the Landlord or Trustee ?

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens what disclosures the landlord needs to make to the tenant about the property. Generally, landlords are not required to disclose a foreclosure to the tenant and may still collect rent from the tenant during the foreclosure. 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 advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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