Skip to main content
Roberto Mauricio Vazquez

Roberto Vazquez’s Answers

27 total

  • Can I kick my 21 yr old daughter out of my home?

    My daughter is an addict and causing problems in my home, she cant be trusted and I cannot have her in my home. What are the laws regarding this? I have asked her to leave and she told me I have to legally evict her. Is this true??

    Roberto’s Answer

    You will need to file a suit for ejectment, not eviction.Your daughter is correct only in that you will need to take legal action in order to remove her from the premises. Eviction applies only when their is a landlord-tenant relationship between the parties. For example, if you and her have a written or oral lease whereby she pays you money in order to live in the property.
    When a person is in possession of a property and there is no agreement for rent, and therefore no landlord-tenant relationship, an ejectment is necessary. Ejectments are almost always more complicated, usually contested, and the process can take considerably longer than an eviction. However, given the facts your provided, it seems to be the proper method of removal.
    If you plan on moving forward with the ejectment make sure to contact an attorney who can explain the process to you.

    See question 
  • HOA dues for foreclosure and personal judgement, when letter just state foreclosure?

    So I have a home that I have not lived in for 3 years and stopped paying due to my bankruptcy and surrend to bank, but they have not taken possession. The HOA has sent me lettrer saying "intention to commence a forclosure action against the prope...

    Roberto’s Answer

    We have dealt with this exact scenario on several occasions. You do have options. However, those options depend on how far along the HOA foreclosure case is. The problem stems from the fact that even though you surrendered the property, your name is still on the deed. So as the deed owner they are holding you responsible for those HOA assessments that accrued after your bankruptcy. Without more information, and knowing where your case is at, it is difficult to give you any sort of details as to what you should be doing. You need to speak with an attorney so they can look into everything more in depth.

    See question 
  • What responsibility of landlord to supply housing to tenants who must vacate for termite treatment for pending property sale.

    Rent in our case is paid up to 2.22.13. New landlord says building must be tented, must leave for 2 days. Two people and a cat are involved. About 30-40 tenants in building.

    Roberto’s Answer

    Florida Law is very specific as to what Landlords are responsible for in maintaining the premises. However, you need to first look at your lease and see if it varies from what I am about to tell you. In the event that the lease says different, it will control.
    The Statute states that the landlord is generally responsible for the extermination of wood-destroying organisms and when vacation of the premises is required for such extermination, the landlord shall abate the rent. The tenant shall be required to temporarily vacate the premises for a period of time not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination.
    It would benefit you to have a landlord/tenant attorney look at your lease so they can explain exactly what your rights are in this situation.

    See question 
  • Non paying renters. I want them out Lease is almost up and I don't want pay to evict if they r going to leave at the end of mo.

    Tenants didn't pay Dec rent said use my security deposit.. I said no served them a 3 day notice it did nothing. Jan rent didn't get paid yet either, they won't answer phone calls at all. Lease is up end of Jan I just wanna see how to make sure th...

    Roberto’s Answer

    As previously stated, your best option is probably to proceed with the eviction. However, you will want to be absolutely certain that the three-day notice you provided the tenant is correct. If you file the eviction based upon a defective notice, you run the chance of having the case dismissed.
    With regard to providing the tenant notice of your entry, you should look to your lease. A properly constructed lease should provide for specifics regarding how to provide notice, the means of delivery, and timing. Keep in mind that if the tenant does not vacate at the end of their lease, you will still have to resort to eviction to get them out.

    See question 
  • I just got notice of foreclosure, do I loose my voting rights with the condominium association?

    I just got notice of foreclosure, do I loose my voting rights with the condominium association immediately? The foreclosure notice was just delivered and I am current with my condominium association fees. Depending if I can work out my foreclosu...

    Roberto’s Answer

    So long as you stay current with your COA fees the foreclosure should not have an affect on your voting rights. However, as stated above, it would behove you review your associations covenants/bylaws. If you don't already have a copy you should be able to find them on your county's public records website.
    You should also consult with a foreclosure defense attorney within 20 days of having been served. Filing your own response before speaking with an attorney may waive critical defenses to the foreclosure.

    See question 
  • How do we verify that a corporation was registered in 2005?

    We have sued a Florida corporation, and we want to verify that it was duly registered in the state corporate register as a corporation in 2005. From what we have so far, it looks like the corporation was registered as early as 1979, but I'm not s...

    Roberto’s Answer

    You will want to use the link below. Once you locate the company you can also download the annual reports.

    See question 
  • What do I need to get power of attorney for an incapacitated family member that cant sign the documents necessary?

    My father is in a medically induced coma, he would want me to have power of attorney I am just unsure how to go about getting the documents signed since he is unconscience. Is this possible... Please note my father is located about 5 hours away so...

    Roberto’s Answer

    You may want to look toward filing a petition for guardianship under chapter 744, Florida Statutes. This would allow you to make decisions regarding your father's affairs.

    See question 
  • A tenant smashed the back door. Can I nullify his lease, due to breaking the contract, via texting?

    A couple signed the lease. They broke up and she kicked him out. He broke into the house by destroying the back door. Destruction of the property violates the lease agreement. May I text him that his rights to the property are rescinded?

    Roberto’s Answer

    You may also want to look to your lease to see if it provides for a specific method in which notice must be given to the tenant. As previously stated, your best bet would probably be to provide them with a 7 day notice with the ability to cure.

    See question 
  • WHAT IS THE TIME LIMIT TO ANSWER A DENIAL OF A MOTION TO QUASH SERVICE IN FLORIDA?

    MY ATTORNEY FILED A MOTION TO QUASH SERVICE IN MIAMI DADE COUTY IN A CASE OF FORCLOSURE, PLAINTIFF ANSWERED AND SET A HEARING , MY QUESTION IS THAT IF THE JUDGE DENIES THE MOTION IN THAT HEARING , WHAT IS THE TIME LIMIT TO APPEAL OR WHAT I AM SUP...

    Roberto’s Answer

    Florida Rule of Civil Procedure 1.530 allows you to file a motion for rehearing within 10 days of the date that the court issues an order.

    See question 
  • Note with mortgage that says "Pay to the order of Without recourse Washington Mutual Bank” and signed, what does that mean?

    I am in Florida. It says the above at the end of the note and is signed by a vice president. Does that mean that no deficiency judgement can be made and they can't come to me for anything other than the property?

    Roberto’s Answer

    What you are referring to is an endorsement on the mortgage. Specifically, if it does not have a name on the stamp other than your lender, it is an "endorsement in blank." This is how banks transfer ownership of the note, and also what allows other banks or servicers to enforce the note through foreclosure. It is similar to signing over a check to someone else's name.

    The endorsement alone should have no affect on the bank's ability to get a deficiency judgment.

    See question