Ian C. White’s Answers

Ian C. White

Tallahassee Landlord / Tenant Lawyer.

Contributor Level 9
  1. Condemed duplex

    Answered over 4 years ago.

    1. Ian C. White
    1 lawyer 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.

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

    Answered over 4 years ago.

    1. Ian C. White
    1 lawyer 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...

  3. 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?

    Answered over 4 years ago.

    1. Ian C. White
    1 lawyer 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...

  4. 25 mph in a 25 mph, Officer wrote the ticket wrong

    Answered over 5 years ago.

    1. Jon Michael Zimmerman
    2. Oscar Michelen
    3. Ian C. White
    3 lawyer answers

    I'm a little confused by your posting. You say the officer wrote your speed as 25 mph when he should have posted it as 40 mph. Is that correct? Then you said when you got home, the speed limit sign said 25 mph. I just wanted to make sure I understood your posting. Regardless, this seems like a clear case of where the ticket would be dismissed outright. It is about the same as the officer writting down the wrong statute that you violated. Even if you appear and plead no contest, that...

    1 lawyer agreed with this answer

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  5. Renting

    Answered about 6 years ago.

    1. Ian C. White
    1 lawyer answer

    I'm a Florida attorney, so I don't know how the state of Washington handles these situations. I will answer based on my knowledge of Florida law and the general rules pertaining to excessive occupants. Most leases contain a provision stating that there can be no "unauthorized occupants" in an apartment. In Florida, this term refers to people living in an apartment who are not on the lease for a period exceeding 2 consecutive weeks. Typically, the manager serves what is known as a 7-day...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. What are grounds for legal search and seizure in OR state, police took items from our car

    Answered over 5 years ago.

    1. Ian C. White
    2. Patricia Elizabeth Fox
    2 lawyer answers

    In Florida all an officer needs in probable cause to search your car. I don't know enough facts to know whether probable cause existed. However, an itemized list is generally created as part of the officer's report when he or she gets back to the station. Contact the station and request an itemized list of what was taken, unless you have since received all items back into your possession.

    1 lawyer agreed with this answer

  7. Missed my court date

    Answered about 6 years ago.

    1. Ian C. White
    1 lawyer answer

    I believe this question is an attempt to resubmit an earlier one which I could not understand what you were asking. It is still not clear what paper you are referring to.

    1 lawyer agreed with this answer

  8. Missed my court date

    Answered about 6 years ago.

    1. Ian C. White
    1 lawyer answer

    I can't tell from your questions what the issue is here. Do you live in Florida? Every state has different laws pertaining to Landlord/Tenant issues. Please clarify what your question is.

    1 lawyer agreed with this answer

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

    Answered almost 4 years ago.

    1. Frances Miller Campbell
    2. R. Sebastian Gibson
    3. Ian C. White
    3 lawyer answers

    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...

    1 person marked this answer as helpful

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

    Answered over 4 years ago.

    1. Ian C. White
    1 lawyer 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...

    1 person marked this answer as helpful