Skip to main content
Preston Hall Oughton
Avvo
Pro

Preston Oughton’s Answers

137 total


  • What are seller obligations ?

    I pay a binder on property I want to buy. Requested 60 days to close. The seller agrees in writing then backs out of sell. Do I get my deposit back ? Do I have any other legal recourses ? ie: breach of contract. Can the Realtor be held accountable ?

    Preston’s Answer

    The contract will govern the relationship between the buyer and seller. Most contracts will outline what the seller's obligations are to the buyer. 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.

    See question 
  • Is a Florida landlord required to paint the rental premises after some amount of time?

    Have been renting the the premises for over 5 years.

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what maintenance and repairs the landlord needs perform. Generally, landlords are not have to re-paint the property, but you are always welcome to officially request the painting.

    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.

    See question 
  • Is it legal for a landlord to evict you for not wanting to comply with want they want?

    Hello, I found out a couple of months ago that the electricity that powers the outside lighting and irrigation system for the quadruplex that I live in is powered by the electrical panel in the unit that I rent. I turned off the breaker...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements cover utilities and which utilities are the responsibility of the tenant. Generally, landlords are not allowed to evict a tenant for not paying the utilities of another tenant in another property, but it may be that the landlord would be willing to work out a deal to cover the cost of utilities in lieu of rent. 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.

    See question 
  • Can I rent out a life estate property If I can afford paying for it? Is the lender obligated to keep the terms of the loan mod?

    Got a house from my husband and I am electing life estate, but I can only pay for it if I have a roommate. In case I cant find one, can I rent it out? Also, is the bank forced to keep the terms of our loan modification?

    Preston’s Answer

    You have two questions. The first involves understanding who has a future interest in the property as you only have the life estate. Renting out the property could become complicated in the event your life estate ends, but the lease agreement does not. I recommend you have a more detailed discussion about your situation with an attorney. The second involves a Loan Modification and the terms of the Loan Modification will govern the relationship between the lender and borrower. Most Loan Modification agreements will outline what happens when the borrower transfers his interest to another person. Again, I recommend you talk with an attorney about your situation because having the loan placed in your name now that you hold a life estate.

    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.

    See question 
  • How do you contest a residential eviction in fl. without having to pay rent into the court registry?

    I received an eviction summons from a county court in fl. One stipulation on the summons requires me to pay all the rent that the landlord is claiming is due into the court registry when I file my answer. I'm in disagreement with the amount the la...

    Preston’s Answer

    You can dispute the amount of rent owed in a motion to determine the rent owed, but you would need to place the amount you agree is owed into the court registry.

    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.

    See question 
  • My landlord has been harassing me very bad. I need a lawyer asap!

    My landlord has been harassing me very bad. She has shut off my power illegally, she has called the cops numerous times, she has ripped stuff off my trailer in front of one of the cops she called, she has threatened me numerous times, she slanders...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Generally, landlords are not allowed to perform self-help evictions by shutting off utilities or removing doors. 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.

    See question 
  • Was I properly served?

    Last week as I waited outside my house, a lady from a bank asked me if I was X person. I said no, and changed my name. It was a lawsuit from a bank, a credit card company. I have 20 days to answer it in writing. I did not sign an...

    Preston’s Answer

    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@oughtonlaw.com (904) 854-6336.

    See question 
  • Exclusive use and occupancy during notice period in Florida

    We are renting a home and have given 60 days notice to break the lease as permitted by law. We have a liquidated damages clause and have two months rent due to break the lease. There is nothing in the lease document that states when this is due an...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. If the Lease requires a tenant moving out to all the landlord to show the property. Generally, notice is based on a reasonable standard, but may be specifically stated in the Lease. As for the lockbox, the Lease will govern this as well, but I agreed that if there is nothing in the Lease about it, then you do not have to do something you did not agree to and is not required by the Florida statutes.

    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.

    See question 
  • Hi I am writing about bill#87 the new Florida forclosure law. It only talks about this law requires the lenders to verify

    ownership of the note. But it does not talk about what if the lender defrauded homeowners by stripping the equity, Tila and Respa violations and PSA fraud, since my mortgage was placed in a trust that closed its cut of date. Any ideas? Thank you

    Preston’s Answer

    I agree with my colleague. The statute is not intended to address securitized trusts. I recommend you talk with an attorney about your situation if you have any further questions.

    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.

    See question 
  • HOA Application for renter or leasor - Does an occupant need to fill this out? Or should there be a separate application?

    My friend has been living with me for a while in a townhouse that I own and pay HOA fees. I didn't realize (forgot due to living there so long) that he would need to fill out an application to live in the unit with me. It was going to be tempor...

    Preston’s Answer

    The HOA Covenants and Restrictions will govern the relationship between the property owner and the association. If the Covenants and Restrictions require a tenant (or non-property owner) to complete an application, then it is the tenant that needs to fill out the application. Generally, these applications are just a formality and having your tenant fill out the application will get you the results you are looking for, but I recommend you talk with an attorney about your situation if you have any further questions.

    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.

    See question