Ian C. White’s Answers

Ian C. White

Tallahassee Landlord / Tenant Lawyer.

Contributor Level 9
  1. How do I go about putting my moms name on the land her and her late husband owned? Only his name is on the deed.

    Answered about 2 years ago.

    1. Ian C. White
    2. Marian Audrey Lindquist
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    I presume the land you reference is not homestead property. If this is the case, a probate would need to be opened and the property would flow under Florida's intestecy laws for conveying real property.

    2 lawyers agreed with this answer

  2. If i have been renting a home for 6 months thru a propity managment company n now we have jus recived a notice by mail that the

    Answered over 2 years ago.

    1. Ian C. White
    2. Marshall C Deason Jr.
    3. Carol Lynne Zimmerly
    3 lawyer answers

    To further the answer given by Mr. Deason, you need to realize that an owner of property during a foreclosure action always has the right to redeem with the bank. This means the owner can payoff the mortgage. In other situations, the owner might be able to simply reinstate the mortgage by bringing all amounts current. Therefore, even in a foreclosure action, you still must pay rent to the landlord for your right to remain in possession of the property. I have also seen language in certain...

    2 lawyers agreed with this answer

  3. How long does it take to evict a tenant/roomate who isnt paying rent?

    Answered almost 4 years ago.

    1. Ian C. White
    1 lawyer answer

    I take it by your posting that you are actually the landlord in this situation even though you are also the person's roommate. The process to evict is fairly simple, but you have to proceed under FL Statutes, Chapter 83. I have posted a guide on evicting a person in FL that you should take a look at. I am also presuming you will be filing as an individual and not under a company name. If you own the property under a company name, then you can still file without using an attorney, but...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  4. Landlord replaced carpet without informing us and wants us to foot the bill

    Answered almost 6 years ago.

    1. Dennis Andrew Chen
    2. Ian C. White
    2 lawyer answers

    A carpet generally has a 5-yr lifespan, and if it has to be replaced, the landlord should pro-rate based on how old the carpet is. It's similar to having to repaint the walls. How long were you a tenant at this place and do you know how old the carpet is? Assuming you filed your objection to the landlord's claim against your security deposit in accordance with F.S. 83.49(3), and you believe strongly that the charges assessed are incorrect or unjustified, you would need to file a small...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  5. Please see below.

    Answered almost 2 years ago.

    1. Saundra Janelle McDowell
    2. Carl Cannon Pohle
    3. Ian C. White
    4. James P. Frederick
    4 lawyer answers

    You should contact a Missouri attorney on these issues. I presume by reading your post that your parents predeceased you and you have no other brothers or sisters except you and your other brother. Most states follow the general principle on how assets are to be distributed when someone dies without a Will. A document that outlines wishes of your grandmother could be deemed a valid Will so long as it was properly executed in accordance with Missouri law. If not, those documents would only...

    3 lawyers agreed with this answer

  6. In the state if Fl, can I sue my landlord for entering my house w/o prior notice.

    Answered about 2 years ago.

    1. Marshall C Deason Jr.
    2. Ian C. White
    3. Glenn Jay Holzberg
    3 lawyer answers

    Florida Statute 83.53 provides what is required by the landlord prior to entry. There are limited exceptions to notice prior to entry listed in this same Statute. However, the normal procedure is for the landlord to provide you with reasonable notice. Reasonable notice is defined to be 12-hours notice prior to entry. The time periods for entry are considered reasonable between the hours of 7:30 a.m. and 8:00 p.m. In the letter you refer to that was left on your counter, I presume it had...

    1 lawyer agreed with this answer

  7. Landlord violated terms of lease regarding my security deposit. What steps do I need to take?

    Answered about 2 years ago.

    1. Carol Lynne Zimmerly
    2. John Andrew Morey
    3. Ian C. White
    3 lawyer answers

    In addition to the advice already provided, when you contest the damages alleged by the landlord, also state that you expect a full refund of your deposit. There is no need to get into the fact that the landlord did not follow the proper procedure for mailing the claim letter via certified mail at this time. The good news is that you received a large portion of your deposit back which is better than most I hear about. The decision you may have to eventually make is whether it is worth your...

    1 lawyer agreed with this answer

  8. If my father dies and I live in the home with him do I have any rights to the home ??

    Answered about 2 years ago.

    1. Joseph Franklin Pippen Jr.
    2. Sherri Marie Stinson
    3. Ian C. White
    4. Michael S. Haber
    4 lawyer answers

    Have you discussed your issue with your father yet? Does your father have a Will in place? If so, has he allowed you to see it or discussed it with you? I find that it is always best to get those sort of issues resolved so no one is trying to interpret what the decedent wanted. Remember that if your father does not have a Will at the time he dies, the homestead will pass in accordance to Florida's intestecy laws. You may want to look at Chapter 733, Florida Statutes.

    1 lawyer agreed with this answer

  9. Can my roommate sublease without my permission/

    Answered about 2 years ago.

    1. Marshall C Deason Jr.
    2. Ian C. White
    2 lawyer answers

    A lot depends on what your lease states. It is standard for there to be language allowing a sublease so long as it is approved by the landlord. However, your situation may require the other roommates to agree as mentioned in the other answer to this post. I'm in Tallahassee and will be happy to discuss further with you by phone on Monday (4/30). I do represent a few landlords in Tallahassee, so before we get too far into this, I'll need to know who your landlord is. Don't post it on Avvo....

    1 lawyer agreed with this answer

  10. I recieved a 5 day summons because i am being evicted. If i make a court date how long will it take til I have to be out?

    Answered over 2 years ago.

    1. Aaron James Irving
    2. Ian C. White
    3. Carol Lynne Zimmerly
    3 lawyer answers

    The summons you received will inform you that a response must be filed with the Clerk within 5 days (exclusive of holidays and weekends). If the eviction was for non-payment of rent, Florida Statute 83.60(2) requires that you deposit all rent alleged due in the eviction complaint with the Clerk. The only way to avoid paying the rent right away is to file a motion along with your answer (or somehow incorporated within your answer) a request to have the judge determine the actual amount of rent...

    1 lawyer agreed with this answer