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Roberto Mauricio Vazquez

Roberto Vazquez’s Answers

27 total

  • Sub-Leasee being evicted by tenant using self help eviction

    Do Landlord-tenant laws apply to subleased agreements in Miami? Tenant is threatening to change locks unless extra 15 days of rent is paid before the due date beyond the 30 day notice period.

    Roberto’s Answer

    The laws apply regardless of whether it is sublet property. Also, should the landlord move forward with the self-help eviction you may be able to sue him for 3x rent or damages as a result.

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  • We were just served with attorney papers from our home lender and were told we have 20 days to contact them, what can we do?

    can filing bankruptcy help , our house has lost value of over 150k since we purchased. We want to keep our house.

    Roberto’s Answer

    First and foremost, reach out to an attorney who practices foreclosure defenses to see what your options are before the expiration of the 20 days. An experienced attorney can go over may of the options that may be available to you without having to ultimately file for bankruptcy. The fact of the matter is that each situation is unique. Defending the foreclosure may provide you with crucial time within which to try a modification, short sale, etc.

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  • After someone is sued,she has 20 days to send a written response to the court to explain her part to the the court?

    in the case where you are being sued, you need to send a written letter to the court within 20 days. do you send the letter to address the clerk of court or the judge that would listen to the case? do you write the name of the judge in the letter?

    Roberto’s Answer

    You should have a summons attached to the complaint. This document typically provides for the amount of time you have within which to respond and the addresses of the parties to whom you are to provide a copy of your response. Generally speaking, the original goes to the clerk of the court of the county in which you are being sued and a copy goes to the other party, or their attorney. Also, always make sure to keep a copy of every document for your own records.
    If you are not familiar with what legal defenses you may have, you should consult with an attorney. It is possible that by filing a response you may waive the ability to challenge other defects in the lawsuit or waive certain defenses.

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  • What are my rights as a renter in a condo that was auctioned off?

    I do have a legal signed 1 year contract with prior owners. New owners tried to enter my property.

    Roberto’s Answer

    You will want to look into the Protecting Tenants in Foreclosure Act of 2009. This federal law provides certain protections to bonafide tenants who find themselves in a position similar to yours.

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  • Evict without a lease not for non-payment of rent

    How do I evict someone from my home without a lease but is up to date on rent they have a drinking problem and it has gotten worse they are on SSI but I cannot tolerate the drinking anymore it is my home and I've asked them to stop drinking and he...

    Roberto’s Answer

    Based upon the facts you have provided, it seems like you have an oral lease with the tenant. Since he is paying rent monthly, that makes him a month-to-month tenant. Florida Statute 83.57 requires that you provide a month-to-month tenant with at least 15 days notice, prior to the end of the rental period, before terminating the lease. If he fails to vacate after proper notice, you will have to file the eviction with the courts to get him out. Best of luck.

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  • I want to start paying child support for my son. Should I initiate the process with the FL DOR or consult an attorney first.

    I live in Texas, but my son was born in Florida 8 years ago while I was attending college. I was there for his birth and signed his birth certificate. After the first year his mother did not allow me to see him and has never provided me with inf...

    Roberto’s Answer

    Assuming that the mother and child still live in Florida, it would be in your best interest to consult with a private attorney regarding your specific situation. It sounds like you will need to file a paternity action. That will allow you to get a parenting plan in place and, thus, address you issues with visitation and child support. Best of luck.

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  • Small Claims debt collection lawsuit

    A small claims debt collection company filed lawsuit on Feb. 1, 2013. Served the papers to my husband because I wasn't home on April 3, hearing was sent for April 16, which I went to and denied allegations. Had me down as non-served and asked me t...

    Roberto’s Answer

    You will definitely want to consult with an attorney in your area who can review your documents and advise you on the best way to proceed. Whoever you speak with may be able to negotiate down the debt and/or give you advise moving forward. Best of luck!

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  • How do I get two legal aged (20 and 22 yoa) out of my house. The do not help in any way with the running of the house.

    The have become increasingly disrespectful to me, my spouse and other adults. They offer no help with two younger siblings. The 20 yoa has lived with us for 3 years; the 22 yoa just arrived.They have attended college, but neither are serious. The ...

    Roberto’s Answer

    Typically, in a situation like yours the homeowner has two options, file for eviction or ejectment. Based upon the facts provided you may want to consult with an attorney who can help you file for ejectment. Eviction only applies when their is a landlord-tenant relationship between the parties. For example, if you and your sons have a written or oral lease where they pay you 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.

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  • Landlord doesn't want fix termites problems and things for day one walk thru

    we advice the landlord since we have now a 3 month old baby and even as i was pregnant the termites issues,getting worse and we bought new furnitures

    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 that applies 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.

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  • Which form will I need to assist my elderly father.

    My father is being discharged from the hospital to a rehab facility. He has has dementia for over 20 years. His health and mental capacity are diminishing. He lives in Florida with my husband and I. I have cancer and my husband is disabled. We hav...

    Roberto’s Answer

    Based upon the information you provided, including the fact that your father suffers from dementia, you may want to speak with an attorney about applying for limited guardianship. Guardianship is only warranted when no less restrictive alternatives, such as a durable power of attorney, a trust, a health care surrogate or proxy, or another form of pre-need directive, are found by the court to be appropriate and available. However, given your father's condition, guardianship seems like it may be the most appropriate option.

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