John Andrew Morey’s Answers

John Andrew Morey

Orlando Landlord / Tenant Lawyer.

Contributor Level 10
  1. Can the landlord bring an eviction proceeding against tenant right after tenant had filed a small claims case against landlord

    Answered over 1 year ago.

    1. John Andrew Morey
    2. Brandy Ann Peeples
    3. George Costas Andriotis
    3 lawyer answers

    I am not exactly sure of the merits of the landlord's case from what you wrote, but regardless of the merits, you still need to respond. If you do nothing, you will get defaulted and the landlord could get a judgment for possession. Sit down with an attorney for a consult about these issues before your response to the eviction is due.

    6 lawyers agreed with this answer

  2. Changing my last name

    Answered over 1 year ago.

    1. John Andrew Morey
    2. Aaron James Irving
    3. Mark Nickolas Longwell
    3 lawyer answers

    You would need to petition the court for a name change. An attorney is not required, but it would be smart to hire someone to do it so you make sure you get it done correctly the first time. Also, to make sure that you are eligible for a name change.

    6 lawyers agreed with this answer

  3. Am I entitled to permanent Alimony if I have been married for 7 years or more?

    Answered over 3 years ago.

    1. John Andrew Morey
    2. Vanessa Alexandra Vasquez de Lara
    2 lawyer answers

    What you have been told in not necessarily correct. Section 61.08 of the Florida Statutes deals with alimony. This Section was just recently updated in July, 2011. Before the court can award any type of alimony, it must first find that: 1) the person requesting alimony has an actual need for it and 2) the person that would have to pay alimony has the ability to pay. If the court finds that there is a need and ability to pay, then it will consider the following factors to determine the type of...

    6 lawyers agreed with this answer

  4. How can i legally evict my 18 year old son from my home? he is troubled will not take his bipolar meds .

    Answered almost 2 years ago.

    1. John Andrew Morey
    2. Jeffrey B. Lampert
    3. Carol Lynne Zimmerly
    3 lawyer answers

    Eviction is a legal action brought by a landlord to regain possession of real property from a tenant. In order to have this landlord-tenant relationship, the tenant must have possession of the property under a lease agreement. A lease/rental agreement is defined by Florida law as, "any written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises." Generally, there is payment of rent involved. If this is...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. What does a motion for leave to amend petition for dissolution of marriage mean?

    Answered over 2 years ago.

    1. John Andrew Morey
    2. Peggy Margaret Raddatz
    3. Robert Jason De Groot
    4. Marck K Joseph Jr.
    4 lawyer answers

    A Motion for Leave to Amend is used to request permission from the court to change something in the original petition. Often times this type of motion is used to fix errors or omissions within the paperwork. If the judge requires a hearing on the motion, more than likely that hearing will only address whether or not the other party is allowed to make whatever changes they are asking for.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. How detailed should a letter objecting to security deposit claims be?

    Answered over 1 year ago.

    1. Andrew Michael Bonderud
    2. John Andrew Morey
    3. Cheryl Rivera Smith
    4. James Richard Young III
    4 lawyer answers

    I agree with my colleagues. You need to be as detailed as possible. This way you can set up your small claims case if the landlord does not refund the amount you objected to.

    5 lawyers agreed with this answer

  7. If you serve a 3 day eviction notice and tenant says they have a death in the family,and you wait 45 days before

    Answered almost 2 years ago.

    1. John Andrew Morey
    2. George Costas Andriotis
    3. William H. Kassebaum
    4. Carol Lynne Zimmerly
    4 lawyer answers

    You can still use the same 3 day as long as you have not accepted rent after posting it. From my experience, most landlords make mistakes in drafting the 3 day notice. Even the smallest mistake can cost you a lot of money if the tenant gets and attorney and your case is dismissed because of the mistake. You will have to pay the tenant's attorney's fees I think it is money well spent to have an attorney draft a new 3 day for you.

    5 lawyers agreed with this answer

  8. My Landlord did not return my deposit. it has been more than 30 days and they are ignoring all my calls.

    Answered almost 2 years ago.

    1. Rex Edward Russo
    2. John Andrew Morey
    3. Edward J. Fucillo
    4. Brantley Daw Oakey
    4 lawyer answers

    Before filing your lawsuit, just make sure that you complied with Section 83.49 because it seems clear that your landlord did not. This Section states: (5) Except when otherwise provided by the terms of a written lease, any tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. Can I rent my units if the HOA is taking up to a month to do background checks on prospective tenants?

    Answered over 1 year ago.

    1. Barbara Billiot Stage
    2. John Andrew Morey
    3. Cheryl Rivera Smith
    3 lawyer answers

    You need to act quickly, carefully and wisely. I have had to defend owners in the past when the HOA sued them asking the court to force the owners to remove the alleged unauthorized tenant. The HOA alleged that the tenant was unauthorized based on the owners' failure to follow the procedure in the declaration to get the tenant approved. You should contact an attorney for a consultation. Many, like myself, are willing to give brief consultations at no cost.

    4 lawyers agreed with this answer

  10. I stayed at my landlords flat from the 1July2010 and the contract was only signed for 3months but i continued to stay.

    Answered almost 2 years ago.

    1. John Andrew Morey
    2. Carol Lynne Zimmerly
    3. Joshua Eli Adams
    4. Elliot M. Sherman
    4 lawyer answers

    More information is needed. You best bet is to call a landlord/tenant attorney to determine your rights and options.

    4 lawyers agreed with this answer

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