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Ian C. White

Ian White’s Answers

52 total

  • Landlord - 3-day Defective notice, notice of month to month termination filed

    Hello Tenant hasn't paid full rent since prior to Oct 09. 1. 3-day defective notice filed. 2. Voluntarily dismissed defective notice 3. Filed month to month termination notice, gave 30-notice (actually approx 45 days) lease-CA but in FL 4. Ju...

    Ian’s Answer

    First confirm that bankruptcy was actually filed. How did you learn of the bankruptcy? I've run into situations where a debtor/tenant claims they have or are about to file, but never do. Next, if the tenant did file, you should contact the bankruptcy trustee and ask whether they will affirm lease. U.S. bankruptcy law requires the trustee to affirm the lease once notified within a certain time period. Basically, the tenant can't continue to reside rent free. The same goes for a mortgagor in a bankruptcy action. Bankruptcy is a very laid back area of law and you will find the bankruptcy trustee to be more than cooperative once they become aware of the situation. You should file a Proof of Claim on the rental arrears owed to you.

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  • Eviction filed for $350 by landlord who says I must Pay?

    Paid rent plus late fees same day eviction was posted. Do I as tenant who still rents from landlord required to pay this notice charges. They say yes, I say no. Rent is current. Also pay every 2 weeks rent and am charged separate billing for water...

    Ian’s Answer

    Does your lease categorize the late fees and other charges as "additional rent." If so, the amounts owed fall under the provisions of Chapter 83 of the Florida Statutes as it pertains to the 3-Day notice to pay rent. Generally, if a notice to pay rent is hand delivered or posted on your residence, you only pay what is on the notice within the 3-day period (excluding holidays and weekends). If your lease does not categorize the late charges and water fees as "additional rent", the landlord should apply the funds you give them towards rent first. This doesn't mean you are free from paying the other charges, but it would stop the late fees.

    Has an action been filed against you yet with the court? I would advise you seek the advice of local counsel to look at your lease and factual situation.

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  • Can a landlord change the key to the mail box and not give the renter a key. Is that legal

    Our landlord changed the lock to the mail box and has not given us the new key. Did not let us know.

    Ian’s Answer

    First off...have you contacted the Landlord to find out why the lock was changed? You state that a new key has not been given to you yet, but do not go into any additional detail why that may be the case. I'm a Florida attorney, but I expect the general rule is the same for most states; even CA. If you are in an existing lease with the Landlord, the lock can't be changed unless there is a good reason for doing so. I've run into situations where the Landlord believes the mailboxes have been compromised and requests that the locks be changed on all or a select group of boxes.

    First, you need to assess what exactly has happened. If the Landlord changed the lock and you are owing rent, the Landlord might be in violation for changing the lock without proper notice. As I mentioned before, I'm not a California attorney and there may be provisions in the Landlord/Tenant statutes for CA that cover this action. If you don't receive a satisfactory response from your Landlord or an attorney on this website, you should seek local legal counsel to review the situation.

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  • I am renting a home that has been in forclosure for over a year the landlord knewand said nothing then papers came do i stillpay

    what do i do? when i got the first set she told me that it was nothing just a mix up with paperwork. then in sept. when i spoke with her about more papers she told me it was none of my business just pay her, her money.

    Ian’s Answer

    When does your current lease expire? If you are getting close to the end, you might as well start making arrangements to move. There is a big difference in being in the foreclosure process and actually being foreclosed on. A lot of times banks like to use the term "in foreclosure", but that is not the same as it being sent to an attorney's office to file a foreclosure proceeding.

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  • Condemed duplex

    I live in Fl . I moved in my duplex two months ago. After I moved in I foundout that the duplex I share the building with has been abanded for three years with the windows/dorrs nailed open. I am currently getting the creatures crawling to my plac...

    Ian’s Answer

    You need to look at your lease to determine what the landlord can hold you to. Of course, the landlord has the option of getting you moved at their expense. If you are not satisfied with that option, you would still have a good case to terminate the lease. I assume you provided written notice to the landlord about the matter. Look at Florida Statute 83.51 and 83.56. Those statutes are directly on point for the situation you are facing.

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  • The apartment building that i live in offers great ammenities to tenants until you are a tenant and then the use is only during

    office hours even though we have keys to these rooms. There are tenant rules inside of 1 of the gym that states 1 thing by the company but is changed by the manager. Now tenants can't sit in the lobby after the office closes on weekdays after 6pm ...

    Ian’s Answer

    You should have been presented with some sort of Rules and Regulations document to sign at the time you executed the lease. The manager would be bound by the terms within that document. If it differs from the practices that management is imposing, you could serve a notice just like a landlord/management can do on you to cure the issue within 7 days. However, that would only start an adversarial position between you and management. Instead, does management have any monthly meetings where tenants attend? If not, schedule a meeting with management yourself and find out what the explaination for the restricted hours. If you don't get a satisfactory result from that meeting, write a letter to the company that owns the property and see if you can get better results.

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  • AZ Photo radar - The car is registered in my parents names but the ticket was addressed to me.

    I'm the primary driver on the insurance. I was wondering if there is some way out of paying this. I was going 46 in a 35. I thought the speed limit was 45. I haven't ever recieved a photo radar ticket before or a speeding ticket within the las...

    Ian’s Answer

    I would not ignore the ticket. You stated yourself that you are the primary driver on the insurance. If you ignore it, the people to be served will most likely be your parents. I doubt they would appreciate that. Then they would have to take time out of their schedule to convince a court that they were not in fact driving at the time.

    If you honestly believe that the posted speed limit was 45, you can always contest the matter in court. However, it is best to either pay the fine or request a hearing and plead no contest and for the court to withhold adjudication. You will still most likely need to pay the fine, but you can escape points. At least that's how it is done in FL. You may want to confirm with an AZ attorney.

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  • When an executor has been convicted of embezzeling probate and his beneficiaries, what kind of punishment does he get?

    I intend to prove that my brother in law faked a living trust and murdered my mother and then went on to steal the entire estate including putting the house in his name and taking out $160,000.00 loan on it. Now he is trying to sell it at half of...

    Ian’s Answer

    You need to hire an attorney that handles contesting of probate matters. You have 2 separate issues going on here. One is the allegation that your brother murdered your mother. That is a criminal act and should be investigated if true. As for the faking of the trust, are you trying to imply that your brother inserted himself as the trustee and executor of your mother's estate? Was there a prior will or trust in place before the one you speak of now? Has the will been probated yet or were all assets in the name of the trust upon the death of your mother?

    If the probate is still pending, you need to file a caveat (i.e., objection to the probate). This should be done with the help of an attorney familiar with such actions. The person could then be removed as the executor if you are able to prove the allegations made and the court would appoint a new executor. Normally, that decision is first looked at from the remaining beneficiaries. If a consensus can't be reached on who would take over the affairs, then the court could appoint its own executor. That is not the preferred option since it could cost the estate a lot.

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  • If I buy a house BEFORE my house is short saled, is it no longer my primary? If so, & the bank wins a def. judge. Do I file Ch7?

    Will filing bankrupcy eliminate a deficiency judgement agains a mortgage? The new house would be under my spouses name. I would not have assets. However, my income would go toward the costs in the new property.

    Ian’s Answer

    The simple answer to the question of whether the filing of a bankruptcy will eliminate a deficiency judgment on a mortgage is...yes. You state that if 'you' buy a house before the other house is short saled. Based on the extra facts given, you are purchasing the new house in your wife's name; not yours. That may be so on the promissory note, but in Florida you would have to be on the mortgage and deed. I would be surprised that a bank would enter into a new loan for a house if they were fully informed of the short sale.

    In Florida, you can only have 1 homestead (primary residence) at a time. There are certain factors that determine which house would be your primary residence. Assuming you get the deal on the new house and then move into it, that new house becomes your primary residence and the one you moved from would be a 2nd home. If you are doing a short sale, the purpose of this would leave no deficiency. That's why banks are shy about doing short sales unless they believe there is no possible way they could collect on a deficiency after a bank sale. So...if the bank has agreed to do a short sale, there would be no deficiency to worry about. If, however, the short sale falls through and you either turn in the keys to the 1st house or get foreclosed on, the bank may come after you for a deficiency amount, if applicable. In that case, a Chapter 7 bankruptcy would wipe out the deficiency. That would be a last resort to consider though. You need to wait to see this all unfold and if a deficiency is realized, deal with the bank at that point in time and see if you can work out a deal. If not, and the deficiency is a large amount, then filing for Chapter 7 bankruptcy protection might be an option.

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  • Under Ch 13, if someone surrenders a house before foreclosure, will the foreclosure be on their credit alongside the bnkrptcy?

    3 months delinquent on mortgage when filed Ch 13 & bank wouldn't accept deed in lieu.

    Ian’s Answer

    Have you turned over the house yet? Was this your primary residence? I'm not quite sure why you would surrender your house (assuming it was your primary residence) when filing for protection under Chapter 13 bankruptcy. Your attorney can cram down the mortgage so that any arrearage amount would be paid over the 5-year period. If your issue is the fact that you have a significant drop in income and the bankruptcy payments will be impossible to do if you keep the house, then I understand. To answer the question on how this all affects your credit....if you surrender the house, you are basically giving it back to the lender. It would be up to the lender to decide whether they report the action. The bank may not have accepted your deed-in-lieu, but even if it had, most banks still report this type of activity as a foreclosure. Were you trying to get a deed-in-lieu without recourse or with recourse?

    You basically just skipped the legal step of having to go through a court action on the foreclosure. Therefore, in addition to your credit being dinged for the Chapter 13 bankruptcy, the lender may also report the turning over of the house as a foreclosure action. It doesn't really matter. Your credit has been significantly impacted by the bankrupcty filing regardless. I wouldn't necessarily focus on your credit score right now. Just get your financial house in order and in a few years of positive activity and money saved, you will find a lender willing to assist you.

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