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Preston Hall Oughton

Preston Oughton’s Answers

137 total


  • How do I go about interviewing for a good tenant law lawyer?

    I need an attorney who is not only quite skilled on all nuance of the law but also strong and aggressive in securing my rights and I do believe I ought to have some monetary reward because of the retaliatory nature of the activity and because of t...

    Preston’s Answer

    I agree with my colleagues. You may also consider contacting your local bar association for recommendations.

    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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  • What's "THE HIPPO LAW"?

    Halfway house resident pay a large "security deposit" Then the owner churns residents by horasing and working them like servants till they leave or are told to leave for the slightest infraction of their rules. NO SECURITY IS EVER RETURNED! Pol...

    Preston’s Answer

    Did you mean HIPPA instead of HIPPO? HIPPA is a law that protects medical information from being shared with others.

    If there is a lease agreement, then the Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens with the security deposit when the tenant is in breach. Generally, landlords are not allowed to keep a security deposit without sending a certified letter making a claim for the security deposit. 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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  • I want to move out of house where I rent a bedroom, all I signed was a handwritten 1 year lease

    the Lease only has both tenant and owner name and dates but has nothing about early termination of the lease. What is the best way out of the lease which still has another 4 months on it?

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

    My husband and I moved to the area 4 months ago and signed a lease on a house. 3 weeks after we moved in, we were served foreclosure documents. Last week, we received a letter in the mail stating that we have been listed as defendants on a "Motion...

    Preston’s Answer

    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 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 http://www.oughtonlaw.com/ (904) 854-6336.

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  • How to file anobjection to a foreclosure sale

    My home was sold in a foreclosure sale on 3/12/13. I don't agree with the bid price it was too low. I want to file an objection to the sale in order to go in front of the judge and get some time extension to do a mediation and to try for the bk o...

    Preston’s Answer

    You have ten days to challenge the certificate of sale before certificate of title is issued. Today is day 10 if the sale was March 12, 2013. You should talk with an attorney today.

    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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  • I WOULD LIKE TO KNOW About removing my name and responsibilities from a condo deed

    if i keep my name on what are the risk in doing so

    Preston’s Answer

    A deed relates to title ownership. I think you might be referencing the Covenants and Restrictions that govern the Condo Association. 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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  • Can i sue my complex for damages due to mold?

    i have had to throw away my bed, my newborns crib and swing is ruined due to mold as well. i know that the Florida tenant laws over-ride any contract but the maintenance person that was sent out told me it is my problem to clean the mold and they ...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when the landlord needs make repairs. Generally, landlords are not allowed to require tenants to make their own repairs if the Lease provides those repairs are to be made by the landlord. You should seek the source of the mold and determine if the mold was caused by a repair the landlord failed to make, then 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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  • Can I sue a clinic for sending a not billing invoice to collection...?

    The clinic that I always use for medical purposes here in Florida sent me to collection when according with my insurance company they shouldn't be billing me because I owe them zero. My insurance company informed me that the reason they haven't pa...

    Preston’s Answer

    I agree with my colleagues. Send a certified letterrequesting a verification of the debt. Contest the debt with the credit bureaus this debt was reported to.

    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 much notice to vacate is a landlord supposed to give a tenant in Florida.

    I rented this place in August '09 as a month - to - month . I was contacted by the HOS in July of last year that I had to start paying the rent to them since the owner was no longer paying them . So I did . Yesterday I received a notice that ...

    Preston’s Answer

    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 vacate. 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. The notice requirement for a month-to-month agreement is 15 days. 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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  • I was told to keep my Feb rent and look for a place to move. I am still looking but did pay March rent in full. Can they evict?

    We had plumbing issues in Feb and were without working toilet and showers for 12 days . The property manager told us to keep our Feb rent and look for a new place to move because of the one going issues with the plumbing . We have been vigorousl...

    Preston’s Answer

    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 without providing the proper notification. If you have been experiencing plumbing issues, requested repairs and those repairs are not made, then you have rights under Florida Law regarding reimbursement to rent and damages. 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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