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Jed R Prest

Jed Prest’s Answers

169 total


  • My former landlord has refused to give us our rental deposit back, $1200, what should we do?

    We (my wife Rabecca and I) met with the landlord four days after moving out of the house on 12/29/12 and inspected the entire house, room to room, the garage, and outside around the house, yard, etc...after the inspection, the landlord confirmed t...

    Jed’s Answer

    Upon vacating of the premises for termination of the lease:

    If the landlord does not intend to impose a claim upon the security deposit, he/she must return your deposit within fifteen (15) days or,
    Within thirty (30) days, he/she must give the tenant written notice of how much of the deposit will be kept and why. This must be done by certified mail, to the tenant's last known mailing address.
    If this notice is not sent as required within the thirty (30) day period, the landlord forfeits his/her right to impose a claim upon the deposit.

    You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

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  • How do I stop a Motion For Final Judgement of Foreclosure?

    I saw your ad online and have a quick question to see if I should pursue any further action; I filed for bankruptcy in 2009 and it was discharged in Nov. of 2010. We surrendered the Home in the bankruptcy. We have rebuilt our credit and are t...

    Jed’s Answer

    If the home mortgage was included in the bankruptcy then the foreclosure notice maybe a mere formality due to the fact the you probably remain on the title. However as was previously the quick claim only works if the bank agrees to it. However if there are other liens on the property, the bank may need to foreclose to quiet title.

    You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

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  • Can I foreclose on this property?

    I have a vacant lot if Florida (not homestead) I sold with a mortgage. The buyer stopped paying. I let her sign a Quit Claim Deed In Lieu of Foreclosure to get the property back. The deed has this language: "This conveyance is an absolute deed...f...

    Jed’s Answer

    You need to sit down with a real estate attorney to review the facts of your case. A judgment lien in Florida will remain attached to the debtor's property (even if the property changes hands) for ten years (real estate lien) or five years (personal property lien). Since this a vacant lot, the homestead exemption probably will not aid you. When you record a lien against the judgment debtor's property, you have notified the world that the property owner owes you money. The lien attaches to the legal title of the property. No law requires that liens be removed before title to property is sold or transferred. But if the buyer needs financing or wants clear title, the lien will have to be cleared up. In the real world, this means that when the property is sold or refinanced, your lien will get paid from the proceeds so that title is clear.

    Quit claim deeds are valid forms of conveyance in the state of Florida, but are not specifically defined by statute. F. S. § 689.02 prescribes the requirements of warranty deeds, and with appropriate modifications, the basic form is effective for quit claim deeds as well. Quit claim deeds only convey the grantor’s interest in the property, if any; there are no warranties of title. Therefore, all references to warranty are omitted and the words "granted, bargained, and sold" are replaced by "quit-claimed." Despite the lack of explicit or implied warranties, there is still an expectation of good faith that the grantor is unaware of any other owners or title conflicts regarding the specific piece of real property. In general, a correctly executed and recorded quit claim deed offers no protection for the grantee against a future claim. However, you may actually have a warranty deed and not a quick claim deed.

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  • How do I close on my new custom house if builder goes bankrupt near completion and owes me money?

    I have a construction loan and home is almost complete, builder actually owes me about 30K ( I fronted some costs during construction due back at closing)..but now builder is filing bankruptsy. the bank wants to close to convert to traditional ...

    Jed’s Answer

    Was your contractor bonded? If so you need to speak with the bonding company about completing the work.

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  • I am renting a house that is being foreclosed on, I was served papers. Do I need to continue paying the landlord rent?

    What are my rights as a tenant.

    Jed’s Answer

    Assuming you we're served papers on the foreclosure, then yes you need to continue to pay your landlord. He owns the property until it is sold in a foreclosure sale. This could take months and may last longer than the term of your lease. Failing to pay will get you evicted. Depending on who buys the house, currently federal law protects your lease past the sale.

    You may wish to review your exact circumstances with a landlord tenant attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals

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  • Can my landlord evict me without a court order by sending me a text?

    I am three months behind on my rent

    Jed’s Answer

    No. They have to send you a three written notice then follow the court process. They cannot self help in the eviction process.

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  • My tenants left my property leaving mates behind that should not have been in the house. They dont want to go and claim rights.

    My tenant has asked them to leave, I was never aware that they were staying there. My tenants lease forbid any other persons staying without permission. My tenants have not returned the property to me as vacant and in good condition, so Are they s...

    Jed’s Answer

    You will likely need to evict them through the courts and sheriffs office. If the tenants have not vacated the premises at the end of the lease, then you are likely entitled to treat them holdover tenants. There are a number of facts and circumstances that are not included in your information to give you a definitive answer. You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

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  • After rent was paid I received a 3 days notice and now they want me to pay $50.00 dollars for the 3 days notice messenger

    I told with the case manager of the management company and he said he did no know rent was paid that was in December and he decided I did no owe the $50.00 now again he is charging the $50.00 again what can I do

    Jed’s Answer

    Do you have a record of payment by a receipt or canceled check for example? If so, give a copy of this to the manager and see if they can address the issue first.

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  • Do we have to pay for the hot water heater being replaced in a home we are renting? Ours broke on New Year's Eve.

    We called the landlord's cell, home, etc. phone numbers they furnished for us, and no one called us for three days. We replaced the water heater, because it was rusted out. The landlord says we have to pay all of the rent and for the water heate...

    Jed’s Answer

    Under a typical apartment rental the landlord needs to provide plumbing and hot water under FL statute 83.51, Landlord’s obligation to maintain premises. However, in duplexes and single family residences the landlord can modify his obligations to maintain the premises in the lease agreement.
    That said you are still entitled to potential damages. You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

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  • I been behind on my rent now for three months now i decide to put in a 30day notice so i can get a cheaper place 'i owe 1571.00

    I tried to remained there but i need to pay that amount of 1517.00 by jan .16th or be evicted so i'm going to just stay with the 30day notice and just pay what i can .So can he still try and evict me ?

    Jed’s Answer

    Yes, if you have not paid the rent due the landlord can begin the eviction process.

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