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Stefan Thomas Peavey Hoffer

Stefan Hoffer’s Answers

14 total


  • My lease was never renewed as of Dec 1st 2013. My rent is always late due to only one income. Can i be evicted?

    Over the past year i have had to quit my job to care for my ill mother so there is only 1 income coming in to pay the rent. We do however pay a $40 late fee every time the rent is late. Im afraid that the landlord is going to evict us.

    Stefan’s Answer

    In short, yes. But, there are specific steps a landlord must take. If your landlord does not follow the proper procedure, your landlord might be prevented from evicting you. If you are concerned as to your rights, you should consult with a local attorney who can advise you appropriately.

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  • Can someone please state in simple terms what the four corners of a complaint is? Is it...

    What is the four corners of a complaint in real simple terms? Is it just the facts of the case or is there something else I am missing on that? Your help is appreciated.

    Stefan’s Answer

    As the other answer states, the "four corners" means the words written on the complaint as well as any exhibits attached thereto.

    The term "four corners" is often used in situations when a judge's review of an issue (like a Motion to Dismiss) in limited to only the allegations in the complaint, including any exhibits. That is, the judge is often precluded from considering anything (e.g., testimony or other evidence) aside from what is contained in the "four corners" of the Complaint.

    However, and as with many ares of the law, there are exceptions to this general rule, and you might be well-served to consult with an attorney who can take the time to understand your particular situation and guide you accordingly.

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  • Is there a cap on how much a HOA can increase their annual assessments or homeowner's dues?

    In our Homeowners Assoc By-Laws it states: "So long as the initial board remains in office or the declarant is in control of the board of directors, the board shall not impose an assessment for any year greater than 5% of the prior fiscal or calen...

    Stefan’s Answer

    The written and recorded documents will be controlling here. The provision you quote is specific to a particular situation. It might make sense to have a real estate lawyer review the governing documents and render an opinion as to any areas that might prevent or cap the increases.

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  • I have 1/3 ownership as well as my brother an sister, she doesn't want to sell. Can my brother and I sell the property?

    I have a County Court Order that adjudged 1/3 ownership property split between my Mom's (3) children, my brother an I want to sell the property to have our money, but my sister does not want to sell, I hired a Real Estate and she removed his lock...

    Stefan’s Answer

    • Selected as best answer

    You can file an action for partition of the property. Ultimately, unless a settlement is reached, the court can order the property sold and the proceeds divided. You should speak with an attorney who handles such matters.

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  • Can your roommate withhold your medication for money

    I was living with a nurse and her two kids for about two month til she got me arrested for fraud now I'm out of her house but my property and my medication are still there. Can she still withhold the medication I'm supposed to be on for the money...

    Stefan’s Answer

    Whether or not she can retain your property is going to depend heavily upon the specific facts of your situation. Depending upon the amount of money she is seeking, it may make sense to broker a deal with her rather than pursuing a court action. That said, if she refuses to return your property to you you may be able to pursue an action in court. You should seek out the advice of a local attorney who can better advise you after learning all the facts of your situation.

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  • Myboyfriend and I reside in Florida.can he restrict me from taking our son out of state on vacation? He will know all details.

    My boyfriend is on the birth certificate as my son's father but there is no court paperwork. He is threatening to keep me from taking our son. He will have all information as to our wherebouts. It will only be for 3 days .

    Stefan’s Answer

    Unless there is a court order, your boyfriend cannot legally restrict you from traveling with your son. (That is not to say he will not try.) Given the apparent friction between you and your son's father, you might want to consider speaking with an attorney who handles paternity actions.

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  • My rent isn't due until next month and I'm being asked to leave today do I have too?

    I just moved to Florida on the 3rd of Oct paid a month for my room in a 3 bedroom apt now the lady is saying I have 24hrs and she won't give back any monies

    Stefan’s Answer

    I agree with Mr. Davis. You cannot be forced to leave absent a court order. If you have a lease, the terms may be controlling. There are also statutory protections available to tenants. You may want to consider contacting a competent landlord/tenant attorney for assistance.

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  • Another woman after 13 years has filled for child support in Florida.

    This is what i read on the florida child support site: We are taking steps to establish an administrative order for paternity and / or child support. We recently sent notices of the administrative paternity action to you and the other parent. Do i...

    Stefan’s Answer

    Ignoring a legal problem/issue is never advised as it will not simply go away. As the other answer stated, you can contest paternity. If you are found to be the biological father, Florida Statutes will guide the court in setting a child support amount. In doing so, the Court will consider your income and allowable deductions. Contacting a competent attorney in cases like this is often helpful as these cases can be complex.

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  • After lease expired/moved. Claim imposed on full SD for lease violations. Do I win automatically because they violated?

    10 yr tenants. Gave LL proper notice of non-renewal/terminating lease. LL died 15 days prior to lease expiration/termination. 20 days after move, receive a letter from trustee's lawyer stating Intent to Impose Claim on full SD for lease violat...

    Stefan’s Answer

    There are no "automatic" wins. You do have the right to contest a claim to your security deposit in court. I agree with the other answer that your fact pattern is a bit difficult to follow. Contacting a competent attorney in your area might be helpful. There are statutory timelines at play, so acting quickly is important.

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  • Does a temporary injunction show up when a landlord checks my Drivers License or social security number??

    In retaliation to my injunction and the need to call the police because my future ex husband was stalking me, my daughter filed in fear of me with a bunch of lies.

    Stefan’s Answer

    Whether or not your landlord would find out about this depends on whether he/she checks the local court records. Often, a landlord will check the local county's court records by name. For example, if you type your name into the Okaloosa or Walton County Clerk's website, any cases filed involving you (other than sealed cases which are few and far between) will be listed. To obtain copies of documents, unless they are confidential, a request can be made at the Clerk's office.

    Additionally, depending upon which background search company a landlord utilizes he/she may be able to find out-of-state records of any arrest/charge.

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