Jed R Prest’s Answers

Jed R Prest

Orlando Construction / Development Lawyer.

Contributor Level 12
  1. Can I be evicted if I pay rent on time and there is no lease?

    Answered about 2 years ago.

    1. Jed R Prest
    2. David Lloyd Merrill
    2 lawyer answers

    Yes. If there is no written lease, then the will be a lease of a tenancy without specific term. Typically this a month to month, but is determined by the payment schedule. For a month to month the notice by either the landlord or tenant is by giving not less than 15 days’ notice prior to the end of any monthly period. 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...

    3 lawyers agreed with this answer

  2. Is it violating any code to work on my vehicle at my property which I own in Sunrise, FL?

    Answered about 2 years ago.

    1. Jed R Prest
    2. Carol Anne Johnson
    3. Heather Morcroft
    3 lawyer answers

    This is local ordinance issue or possible home owner association restriction issue. You can ask the question to you local code enforcement agency and you home association. Many local ordinances in FL can be found online at municode.com or at your local governments web site.

    3 lawyers agreed with this answer

  3. Is this person a guest or a tenant?

    Answered about 2 years ago.

    1. Heather Morcroft
    2. Jed R Prest
    3. Alan Smith
    3 lawyer answers

    Your friend really needs to speak with an attorney. I agree with Ms. Morcroft on the possibility of filing assault charges based on the unwarranted touching. Lets assume that your friend does not want to do that for whatever reason. The boyfriend is not a tenant, but a guest. Unfortunately he is a guest of your friends roommate. That roommate is the tenant. As a tenant the roommate is entitled to the right of private, peaceful possession of the dwelling. That includes hosting guests,...

    3 lawyers agreed with this answer

  4. How much time after being served Lis Pendens?

    Answered about 2 years ago.

    1. Jed R Prest
    2. Timothy S. Kingcade
    3. Andre Keith Sanders
    3 lawyer answers

    The Complaint is filed in the county in which the property is located and a summons issued to each defendant. After the Complaint is filed, a Lis Pendens is recorded against the property. The Lis Pendens serves as constructive notice to the world that a foreclosure has been filed and that any interest acquired after the date of recording is expressly subject to the foreclosure action. Any interest in the property arising or recorded after the filing of the notice of lis pendens is cut-off by...

    3 lawyers agreed with this answer

  5. I rent an apartment.and my apartment is sold in foreclasure auction 2 days ago.new owner and real estate agency sent me mail

    Answered about 2 years ago.

    1. Harrison Wesley Poole
    2. Jed R Prest
    3. Joshua Jonathan Tejes
    3 lawyer answers

    The lease you have remains in effect as it was with the previous owners. The lease does not terminate simple because they purchased the property through a foreclosure. in fact, by federal law they are required to give you 90 day notice prior to terminating the lease. There are number of specific nuanced issues regarding the process. 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...

    3 lawyers agreed with this answer

  6. Can a landlord prohibit things within your renal unit?

    Answered about 2 years ago.

    1. Jed R Prest
    1 lawyer answer

    A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant's to lawfully use. The landlord may only enter the dwelling in order to inspect the premises or to make necessary or agreed repairs, but then only if he or she first gives the tenant reasonable notice and comes at a convenient time. If an emergency exists, the requirement for notice may be shortened or waived. A landlord can owns the rental and can make reasonable and...

    3 lawyers agreed with this answer

  7. ........President X of Company Y as the tenant....... Does this mean that the President is personally liable for the lease?

    Answered about 2 years ago.

    1. Jed R Prest
    2. Carol Lynne Zimmerly
    3. Michael Charles Doland
    3 lawyer answers

    Generally no. It does not sound like it, but you should have an attorney review your lease. It can also depend on the company structure. If the lease was made to the company and the CEO was signing for company, then likely no. Now if the lease is to the CEO, or secured by the CEO, which the landlord could have stipulated, then maybe. You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint,...

    3 lawyers agreed with this answer

  8. What happens to monies left in a will to an underage child until they reach 18 or 21 in the state of Florida?

    Answered about 2 years ago.

    1. Marcos P Martinez
    2. Jeffrey Michael Backo
    3. Carol Anne Johnson
    4. Jed R Prest
    4 lawyer answers

    If you are creating a will to leave money for a minor child you should consider creating e a trust fund for the money. The funding of the trust can be accomplished through the will, so you do not have the put the money aside now. There are tax implications depending on how you fund the trust and write your will. As that you creating the monetary gift, you have latitude as the age that the grandchildren receive the money. The custodian or parents cannot use the money in the trust or will...

    3 lawyers agreed with this answer

  9. Im a tenant that lives in a condo that was bought out by a bank because it was on forclosure, My current landlord has the

    Answered about 2 years ago.

    1. Jed R Prest
    2. Barbara Billiot Stage
    2 lawyer answers

    If the bank or new landlord took the property mid month, the the previous landlord owned property for part of the month and could sue for a prorated share of the rent, but could not evict you now if you failed to pay. If you had not paid rent to the previous owner, you could possibly still be evicted for failure to pay rent by the new owners. If you paid the full rent to the old landlord for the full amount, then new owners could not sue you, but could sue the previous landlord for the...

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  10. Our home has foreclosed. We are currently in appeal since October 1, 2012. Fannie Mae bought the mortgage in November..

    Answered about 2 years ago.

    1. Jed R Prest
    2. Alison Nicole Emery
    3. Barbara Billiot Stage
    3 lawyer answers

    You need to review your situation with a bankruptcy attorney. Your savings account will be listed on your schedule of assets. You could likely lose those assets.

    2 lawyers agreed with this answer

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