Preston Hall Oughton’s Answers

Preston Hall Oughton

Jacksonville Estate Planning Attorney.

Contributor Level 11
  1. Am I being wrongly charged eviction fees

    Answered about 2 years ago.

    1. Marshall C Deason Jr.
    2. Preston Hall Oughton
    3. Carol Lynne Zimmerly
    3 lawyer answers

    The Lease will govern the relationship between the landlord and tenant. Most leases will outline the terms of late fees. An eviction is a judicial process and it appears you may already have a final judgment. I would seek the counsel of an attorney to investigate the final judgment and review your lease with you. 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...

    1 lawyer agreed with this answer

  2. I have a house for short sale and it's pending. Can I stop it if I have changed my mind

    Answered almost 3 years ago.

    1. Sheryl Ann Edwards
    2. Preston Hall Oughton
    2 lawyer answers

    The purchase and sale agreement governs the relationship between the buyer and seller. If the lender does not accept the terms of the short sale, then that will stop the sale. Beyond that event, you will want to be sure you understand the lender's terms of the short sale. If you are not confortable with those terms, then you do have options. 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...

    1 lawyer agreed with this answer

  3. In broward county florida does the tenant receive info on where their security deposit is located

    Answered almost 3 years ago.

    1. Barry A. Stein
    2. Preston Hall Oughton
    3. Carol Lynne Zimmerly
    3 lawyer answers

    The Lease will govern the relationship between the landlord and tenant. Most leases will outline the terms of the security deposit. Certainly, a tenant can request information to insure that the security deposit is being properly maintained. 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...

    1 lawyer agreed with this answer

  4. Mortgage co forgot to pay insurance from my fully funded escrow account, so who is responsible for the $5,600. lapse policy?

    Answered almost 3 years ago.

    1. Barry A. Stein
    2. Preston Hall Oughton
    2 lawyer answers

    I agree with the prior answer. Failure to pay insurance and taxes from escrow funds creates a liability by the mortgage company. Call your lender immediately and be sure they do not charge you for any late fees. 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...

    1 lawyer agreed with this answer

  5. Ch.7discharged tried to make payments tried for modificationhusband lost his job2010its 2011 they said loan had been modified .

    Answered almost 3 years ago.

    1. Preston Hall Oughton
    2. Jeffrey B. Lampert
    2 lawyer answers

    The mortgage governs the relationship between the lender and borrower. If you are unable to negotiate better terms under the mortgage, then there are other options. It was not clear from your question whether you filed chapter 7 bankruptcy or wanted to know if filing chapter 7 bankruptcy would help. If you already filed bankruptcy and this mortgage was discharged, then you do not have any options for remaining in the home that I am aware of. If you have not filed bankruptcy, then I...

    1 lawyer agreed with this answer

  6. Transferring Apartments

    Answered almost 3 years ago.

    1. Preston Hall Oughton
    2. Rixon Charles Rafter III
    2 lawyer answers

    The Lease governs the relationship between the landlord and tenant. The leases will have the term or time limit of the lease (with beginning and ending dates). You should ask you landlord to provide for a reasonable amount of time to move from unit to the other without paying rent on both. I would advise you to seek legal counsel to go over the leases and supply you with advice. This response does not create an attorney-client relationship. Unless you are already a client of the Law...

    1 lawyer agreed with this answer

  7. If I kicked someone out of my home and I told them, what property they don't get by two they lose. Can I get in trouble?

    Answered almost 3 years ago.

    1. Preston Hall Oughton
    2. Dana L. Manner
    2 lawyer answers

    The Lease governs the relationship between the landlord and tenant. If there is no lease, then Chapter 83 of the Florida statues governs the the relationship between the landlord and tenant. There is no self-help eviction, so hopefuly you properly evicted your tenant through the county court. If not, then a tenant has a right to remain in the property and any damage to their property by you could be held against you. I would advise you to seek legal counsel ito go over the eviction...

    1 lawyer agreed with this answer

  8. How to take back security deposit from the landlord?

    Answered about 3 years ago.

    1. Preston Hall Oughton
    2. Carol Lynne Zimmerly
    2 lawyer answers

    The Lease governs the relationship between the landlord and tenant. The landlord must send the notice to you making a claim against your security deposit within 15 days from you moving out. Send a certified letter to the landlord denying the claim against the security deposit and seek to have it returned. If not returned, then I would advise you to seek legal counsel in your area to go over the Lease and seek the return of the security deposit through legal action is necessary. This...

    1 lawyer agreed with this answer

  9. Can an apartment complex impose a claim on attorney fee's for an eviction if their attorney voluntarily dismissed the case?

    Answered about 3 years ago.

    1. Preston Hall Oughton
    1 lawyer answer

    The Lease governs the relationship between the landlord and tenant. Most leases have a provision allowing for attorney fees to go to the prevailing party. If the case was actually dismissed, then techincally you are the prevailing party under Florida Rules of Civil Procedure, Rule 1.420. If you did not hire an attorney to defend the case, then it would seem that no attorney fee reimbursement would be proper. I would advise you to seek legal counsel in your area to go over the Lease and...

    1 lawyer agreed with this answer

  10. Do I have a right to give reasonable notice to terminate a lease early & keep my security deposit if the unit is put up for sale

    Answered about 3 years ago.

    1. Preston Hall Oughton
    1 lawyer answer

    The Lease governs the relationship between the landlord and tenant. If the lease allows the landlord to show the property as a sale at reasonable times, then you must comply. If the Lease is silent as to showing the property for sale, then those terms are negotiable. I would advise you to seek legal counsel in your area to go over the Lease and supply you with advice. I might also be helpful to talk to the landlord and request that the property be shown at a time more convenient for you....

    1 lawyer agreed with this answer

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