Jed R Prest’s Answers

Jed R Prest

Orlando Construction / Development Lawyer.

Contributor Level 12
  1. My landlord sent me a termination of lease because the condo in which I'm living is going to be sold in auction by January 8 and

    Answered over 2 years ago.

    1. Jed R Prest
    2. Rixon Charles Rafter III
    3. Carol Lynne Zimmerly
    3 lawyer answers

    Not likely, your lease should contain what notifications are required in this situation. Without more information its a little hard to say what your rights are exactly. if you do not have a written lease, then you should have a least a fifteen notice before the end of the monthly rental period. There are a lot of possible scenarios though. if this is a foreclosure sale, you might have a lot more notice. You should review this matter with an attorney. Many attorneys offer a free...

    2 lawyers agreed with this answer

  2. I have given my landlord my notice i was leaving. Can they enter the home or can they lock me out?

    Answered over 2 years ago.

    1. Jed R Prest
    2. Evan Mitchell Kleiman
    3. Carol Lynne Zimmerly
    3 lawyer answers

    No. Assuming you have not abandoned the unit. The owner cannot perform self help, but must go through the courts. You may be entitled to monetary 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.

    2 lawyers agreed with this answer

  3. Does a landlord in florida have to take care of pest control if you live in an apartment complex

    Answered over 2 years ago.

    1. Jed R Prest
    2. Ralph H. Schofield Jr.
    3. Antonio Alonso
    3 lawyer answers

    Except for single family homes or duplexes, a landlord is required to provide pest control per: Florida statue 83.51 Landlord’s obligation to maintain premises.— The landlord’s obligations under this subsection may be altered or modified in writing with respect to a single-family home or duplex. (2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during...

    2 lawyers agreed with this answer

  4. When is property considered abandoned in the state of Florida?

    Answered over 2 years ago.

    1. Jed R Prest
    1 lawyer answer

    If your ex is hiring an attorney, then you should seriously consider speaking with an attorney. The question I would have is whether or not you gave him written notice. There does not appear to be an issue with moving his belongings into storage. You should write him a letter about the abondoned property in the following format. "Notice of Right to Reclaim Abandoned Property "To: (Name of former tenant) (Address of former tenant) "When you vacated the premises at (address of...

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  5. Why is Florida still drafting for child support for a child over 19?

    Answered over 2 years ago.

    1. Jed R Prest
    2. Emily McAlhaney Konicek
    3. Alan James Brinkmeier
    3 lawyer answers

    A parent is not legally bound to support a child beyond the age of 18, unless the child is disabled or dependent. The court can order child support continue until the child graduates from high school, if the child would graduate before turning 19 years of age. Child support obligation may also end if the child becomes self supporting or married. If the judgment or child support order does not provide for automatic termination when a child becomes self supporting or married, the parent must go...

    2 lawyers agreed with this answer

  6. REALTOR WAS SELLING A FORECLOSED PROPERTY OWNED BY THE BANK. THE REALTOR FOUND OUT THE THE BANK HAS FORGIVEN ALL THE LOANS.

    Answered over 2 years ago.

    1. Barry A. Stein
    2. Jed R Prest
    3. Gust G Sarris
    3 lawyer answers

    Not really enough facts to know for sure. It would sound like the bank, but you would need to do a title search to verify,. Mostly likely scenario would the bank after purchasing the property at the foreclosure sale and they did not seek a default judgment against the mortgage holders. That is just a guess. I would recommend that you speak with an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals.

    2 lawyers agreed with this answer

  7. REALTOR WAS SELLING A FORECLOSED PROPERTY OWNED BY THE BANK. THE REALTOR FOUND OUT THE THE BANK HAS FORGIVEN ALL THE LOANS.

    Answered over 2 years ago.

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

    Really no way to based. On these facts. You need to do a title search. If the property was foreclosed on and sold the the purchaser is the owner. That could well be the bank.

    2 lawyers agreed with this answer

  8. Tenant refused to give the key last day of the lease unless given SD in cash, returned the keys 8 days later.what about SD?

    Answered over 2 years ago.

    1. Jed R Prest
    1 lawyer answer

    You need to follow the statutory requirements. Section 83.49(a), F.S. 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...

    2 lawyers agreed with this answer

  9. I need FL case law saying that as to a thief, the rightful possessor of the property has standing to sue the thief

    Answered over 2 years ago.

    1. Jed R Prest
    2. Carol Anne Johnson
    3. Marshall C Deason Jr.
    3 lawyer answers

    If you have title property, you are entitled to the sue for damages to that property. However you need to review with an attorney the exact circumstances of your situation. It's unclear from the facts as to whether or not there was a transfer of title. There are a number of factors that could impact you ability to recover. You should review this matter with an attorney. Many attorneys offer a free consultations where we can fully evaluate the complaint, your situation and goals.

    2 lawyers agreed with this answer

  10. My landlord put stop payment on check ( security deposit) after signing the checking list ( that everything is ok) .....

    Answered over 2 years ago.

    1. Jed R Prest
    2. Sergio Cabanas
    2 lawyer answers

    After receiving the landlord’s notice of intention to impose a claim, the tenant will have fifteen (15) days to object in writing. If no written objection is received, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within thirty (30) days after the date of the notice of intention to impose a claim for damages. If you object to the landlord’s claim you may file a complaint with the Florida Department of Agriculture and...

    2 lawyers agreed with this answer