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Ian C. White

Ian White’s Answers

52 total

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

    He has stop paying rent, I do have a written contract saying I can evict him for not paying, but he knows he can squat evidently how long will the process take to get him out and how can I prove to the courts he hasnt paid

    Ian’s 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 the court will evenutally require you to hire an attorney if the eviction becomes contested (i.e., tenant files an answer and/or deposits monies into the court registry).

    A 3-Day Notice would need to be served on the tenant/roommate first. Again, look at my guide on using the proper language and the date for demanding rent. This step is VERY important. If you mess up on the notice, the court will throw the eviction out and make you start all over again.

    As to the time period to re-gain possession, it should only take about 4 weeks. However, since you state you are this person's roommate, it is more likely the person will just leave once they find out the eviction was filed or once a sheriff serves notice on them. Either way, it won't be a happy environment while you go through the process. It might be better for you to stay somewhere else until they are gone.

    For proving that the tenant hasn't paid, I am hoping you kept a rent ledger or at least can show bank statements where the rental funds were deposited. Your bank statements should show you a copy of the check deposited which proves the months paid and which months not paid. If you allege that payment hasn't been made for certain months, just plead it in the complaint and the tenant will have the burden to prove that payments were made.

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  • What happens if a person does not have a living will

    My 51 year old husband was just diagnosed with advanced lung cancer that has spread to his brain. He does not have a living will. Am I able to act and made medical desions for him such as declining life support if and when the time comes. He is...

    Ian’s Answer

    I presume the cancer has not affected his ability to enter into business and personal affairs. If this is the case, you just need to have a Living Will and a Health Care Surrogate Designation prepared. However, he would need to have the mental capacity to sign and designate who would be responsible to make those medical decisions for him. If his medical situation has now put him in a situation where he does not have the mental capacity, a guardianship should be established.

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  • We have a commercial space that we leased in a strip mall with 6 other units. Are we not entitled to one sixth the parking space

    We have a commercial space that we leased in a strip mall with 6 other units. There are 48 parking spaces and next door is a bingo hall owned by the landlord. His customers completely overflow into our parking. We lose business each time the bingo...

    Ian’s Answer

    The disturbing issue is that you say parking is not mentioned in the commercial lease. Normally, when you are dealing with a commercial lease, parking is dealt with so that this very issue does not occur (or at least there would be a provision to correct the situation). You say the landlord is actively participating in the process of using up parking spaces in front of your store from a business next door. My advice is to seek local counsel to take a good look at your commercial lease and then determine what rights you have. An adversarial position with your landlord is never a good solution, so hopefully, you can reach an amicable solution and come away with some sort of parking usage policy.

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  • Can I get my rental deposit back if I have not moved in and the contract was not signed?

    I paid $300 deposit plus $25 nonrefundable app fee for a home that had not been advertised as the landlord wasn't finished w improvements. I did not sign the contract, but was told we would once the remainder of the move-in fees were paid. We trie...

    Ian’s Answer

    What does the lease application you filled out say about tendering a deposit and being bound to a 1-yr term? If you have legitimate issues with the premises, there should be no question about getting the $300 back. All you will be out, of course, if the $25 application fee.

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  • Sued by my landlord, I didnt show up at court cause I live out of the country, do i have options at this point?

    I lived in a house from 2006-7with two other room mates. One,a girl was great. The other, a dude, turned out a nightmare. He would invite all his friends over all the time which would usually result in a lot of drinking and generally making a mess...

    Ian’s Answer

    Were you served prior to leaving the country? If not, the landlord can't obtain a money judgment from you without you being served. You were probably named as one of the multiple defendants in the action for money damages. Even if a default judgment was entered, it would only affect the defendants properly served.

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  • My daughters apartment has been broken into twice in less than a month and a half. can she get out of her lease?

    What does it take to get out of a lease in Florida?

    Ian’s Answer

    Your question is hard to answer without additional information. Has the landlord been made aware of the break-ins? Were police reports filed? When you say "broken into", are they gaining access through an unlocked door or actually gaining entry by force? Does you daughter know who the person is that is breaking in? Most leases have provisions on terminating a tenancy early. Safety is obviously an issue. The main issue is whether the landlord has any responsibility to try and prevent the break-ins. Most of the time, the answer would be no. But, each case is different depending on the circumstances. If you can't work it out with the landlord first to exit the lease w/o a penalty, you should probably seek the advice of an attorney to review your specific situation. Only then can an accurate decision be made.

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  • Can my Landlord keep my security deposit even though I cleaned my apartment before I left?

    The Realtor that represents him is saying that the carpet cleaners who professionally cleaned my carpets did not do a good enough job. Also that the base boards, the grout and the walls are dirty. I cleaned all of them before moving out. They were...

    Ian’s Answer

    First and foremost, did you receive a letter via certified mail from the Landlord about the claim against your security deposit? If, after you vacated, you provided the Landlord with a forwarding address, the Landlord has 30 days to send you a letter via certified mail regarding the claim against your deposit. Failure to comply with this requirement will mean that you get all of your deposit back. This doesn't, however, mean the Landlord can't come after the alleged damages through a small claims action against you. If you received the letter mentioned above, you have 15 days in which to dispute the charges IN WRITING back to the Landlord.

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  • What is normal wear and tear? If the lease states the return is to be clean and damage free.

    I had 2 renters for 2 years. They trashed the house and did not paint the interior back to a neutral color - they left black, blood red, dark purple. They never maintaned the landscaping. They did not use a shower curtain so their was water dama...

    Ian’s Answer

    If they have hired an attorney, you will be far better served to hire one as well. Especially given the amount of damages you are seeking. How much was the security deposit for? Did you send the claim letter within the time period required under Florida Law via certified mail? As far as normal wear and tear, if no painting had been done by the tenants to start with you would prorate a new paint job based on how long it has been since you last painted. However, given the fact that the tenants painted the interior spaces such dark colors, the tenants should have painted over what they did to return it to what it was before they moved in. That's pretty much the price for deciding to paint when you don't have to. Did the tenants come to you with these color choices and did you authorize the painting? Judges will look at what you are trying to recover in damages very closely. This is why it is best to hire an attorney so they can review what you are seeking and advise what is appropriate and how to obtain the evidence to prove at a final hearing if it goes that far.

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  • I sent a 3day notice to pay/vacate (certified mail ret rcpt req).The tenants ignored the delivery notice left by mailman on 5/20

    Rent due on 1st but tenants always pay late. I told them many times that late fee is due if rent is not paid by 4th. I have waived the late fee 3x. This time they agreed to pay the late fee on May 8 by depositing it in my bank account. They ar...

    Ian’s Answer

    The better way to handle these situations is to send the 3-Day Notice to someone you know near the tenants and have it hand delivered or posted on the premises. When you mail the 3-Day Notice, Florida Law requires that you add 5 more days to the time period before it is considered served. Your pay/vacate date falls 1 day short of the cummulative time period. Therefore, you most likely have a defective notice anyway. Furthermore, Florida Law is specific on the minimum language that needs to be in the Notice. A proper 3-Day Notice is a requirement in order to evict a residential tenant. Unless you have designated late fees as "rent" in your lease, the only amounts you can demand is rent in the 3-Day Notice. This does not mean you can't go after late fees in the complaint. Florida Law just states that the 3-Day Notice is for "rent" due by the tenant. My advice is to just hire a local attorney in the Kissimmee area to have this done properly. They can make sure the notice is proper and hand delivered to the premises. This way, you avoid the extra days by mailing a notice.

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  • Is it illegal to rent out your apartment that's in foreclosure in florida?

    is it illegal to rent out your apartment that's in foreclosure in florida?

    Ian’s Answer

    In addition to the answer already provided, you should also understand that the foreclosure process can take a little time to complete from start to finish. If you hire a good foreclosure defense attorney, the time period could drag out even farther. If there are violations found by the bank that filed the foreclosure, the action may even be dismissed. Therefore, you have time to collect rent and try to negotiate your loan with the bank to see if you can keep the property.

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