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K Scott Warrick

K Warrick’s Answers

79 total


  • What should I do if my landlord refuses to return my deposit?

    I recently moved out of a house I've been renting for over 2 years. My landlord refuses to return my deposit on the ground that he has to repair "normal wear and tear". Isn't that wear and tear expected while living in a house? Can he really kee...

    K’s Answer

    Your landlord is responsible for normal wear and tear. If the landlord did not make a claim, by certified mail, against your deposit within 30 days of your vacating the premises then the landlord has forfeited the right to the deposit under section 83.49(3)(a), Florida Statutes. If you hire an attorney and prevail, then you are entitled to the deposit plus reimbursement of your attorney's fees pursuant to section 83.49(3)(c). The landlord must strictly comply with this statute although many violate it. I practice in Escambia and Santa Rosa county and have success in these types of cases.

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  • What can i expect from 3 misdameanors for dui under the influence of alcohol and hit in run?

    i live in california and have courth in 28 days and i would like toknow if i can be facing any jail time

    K’s Answer

    No attorney can guarantee you a result in any case, much less a criminal case. An local experienced criminal attorney can give you some genreal idea and guidelines but will need more facts. I recommend not putting any facts on here about a criminal case and instead consult an experienced criminal attorney directly.

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  • I am looking for a foreclosure real estate attorney that would be willing to take a winnable case on a contingency basis.

    I was in a loan modification program with one of the major banks and was working diligently with them by provided all documents that were requested. I was always told they never received my paperwork. This went on for a while of trying every optio...

    K’s Answer

    I agree that generally, foreclosure-related cases are not the sort of matters attorneys would normally take on a contingency fee basis. Most contingency fee cases work where the fee is a percentage of the recovery, and until a recovery is realized, the attorney does not get paid. This is how most personal injury cases work. This model does not work in a foreclosure because there is nothing to get a percentage from.

    There is another type of contingency fee that I have used once in a foreclosure case. It is where the attorney takes the case and his fee is contingent upon receiving an award of attorney's fee from the lender. There are certain situations where a lender can be required to pay your fees due to their misconduct. The only one I did using this method was what I call a "tier 1" case where the lender was totally at fault and the borrow had done nothing wrong and I find that is rarely the situation.

    Most foreclosure attorneys are going to want to get a retainer up front and will reimburse you for any fees they collect from the lender. It is rare to get fees from the lender so your expections of this happening should be low.

    I suggest that you have an experienced foreclosure attorney review your file and assess how much it will cost to go forward and the likelyhood of your getting reimbursed your attorney's fees.

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  • Tenant was recently arrested how do i go bout dealing with their property?

    the said tenant was arrested for theft and is already 2 weeks behind in rent now i have all their stuff in the apartment how do i go bout dealing with it?

    K’s Answer

    I had this come up once and I had to do a normal eviction process of serving the 3 day notice, filing and serving the eviction compliant, then get a final judgment and writ of possession. There are procedures requiring you to auction off the abandoned property after the eviction. Look at chapter 83, Florida Statutes. If you are not comfortable and want to avoid a lawsuit later then consult a local attorney write experience with evictions and the abandoned property procedures.

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  • If i can't pay the rent next month can the owner call the police and kick us out?

    me and my husband were living with my mom because we just had a baby and currently living the last month of rent in other words the deposit. but we don't have the money to move right now. my mom moved out.

    K’s Answer

    No. First the landlord must give you three day notice. Then file and eviction suit in county court where you have 5 days to respond. If you do not pay the rent due into the court registry then a final judgment of eviction can be entered. After that a writ of possession is issued and you have 24 hours to get out.

    This can take 11 to 22 days depending on when weekends fall, how aggressive the landlord is, and how quickly the court acts. You will be getting warnings and notices along the way.

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  • Can I brake my lease if where I live it's not safe?

    Resently there was 3 people murdered next to the building where I live, due to this I don't feel safe at all but when I talked to the leasing office they want to charge me for 2 months rent plus a penalty of 2 more months. It's there something tha...

    K’s Answer

    The landlord is not responsible for acts of third parties and for violence in the neighborhood. But 4 months rent penalty seems excessive. I would suggest meeting with a local attorney who has experience in landlord/tenant law and taking two copies of the lease.

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  • HOW TO RAISE RENT AMOUNT

    I forgot to ask how does notice have to be given when landlard wants to raise the rent (tacked on door, mail, email or text message? I have read anywhere from 0 days required on a month to month (where original lease has expired and landlord ha...

    K’s Answer

    You have to give 15 days notice as you are now month to month tenancy. If rent is due the 1st of the month you are too late for July 1 but you can give notice by July 16 for August rent.

    I agree, you may want to quit listening to the sources that gave the answers of 1, 5, and 10.

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  • FLORIDA ATTORNEY ANSWER PLEASES - HOW MUCH NOTICE DO I NEED TO GIVE TO RAISE RENT (LEASE EXPIRED 6 MONTHS AGO AND NOW PAYS SAME

    i want to raise the rent on a unit. The 1 year lease was up in October and tenant has continued to pay rent at old rate and I have accepted it. How much can I raise it and how much notice do I have to give. I have read zero notice on a month...

    K’s Answer

    You are now month to month so you must give 15 days notice before the next payment is due. As she said above, you are too late for July if rent is due on the 1st.

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  • I am trying to recover money from a landlord that I gave $ to & never took possesion of the property and had to not move??? Help

    I gave the landlord 1400.00 and now he will not return it. telling me he doesn't have it. What are my options for getting my money back? Please help thanks.

    K’s Answer

    If this is a deposit or advance rent then the landlord has to comply with section 83.49, Florida Statutes. If not then alot depends on what the lease says and the reason you did not take possession.

    Take two copies of the lease, on for you and one for attorney, and consult a local attorney with experience in landlord/tenant law.

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  • Is a California lease valid for a property in Florida?

    There is a landlord here trying to rent a house in Florida with a California lease is that legal? or smart to sign for the tenant?

    K’s Answer

    It is not illegal but it is not wise. It likely complies with California law and some portions could violate Florida law making it difficult for the labdlorf to defend later in a litigation. Get a Florida one or seek counsel with a Florida attorney.

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