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Jed R Prest

Jed Prest’s Answers

169 total


  • If I'm a minor changing my name in Florida but one of my parents has previously been convicted of a felony, what do I do?

    Both parents are supposed to sign the form and agree with the statement, "My civil rights have never been suspended, or, if ever suspended, they have been fully restored." If my father can't attest to that but my mother can, what do I do? Should j...

    Jed’s Answer

    Technically you only need to have one parent to file the petition. You father can submit the consent form which does contain the civil rights language.

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  • Tenant's rights in a short sale

    Hello, my wife, 8month old daughter and me are living since 2 1/2 years as tenants in a private own townhouse. After the first year, it changed to a month to month lease. I never been delayed with a payment over the renting time. About 1 1/2 m...

    Jed’s Answer

    • Selected as best answer

    Since this a month to month, they have to give fifteen day prior to the end of the payment period. So you should have until the end of January. The new owners take ownership subject to your lease. This is a general statement, you should review with a local attorney to review your specific circumstances.

    Good luck.

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  • Landlord sold the apartment, can I move and get my deposit back?

    The landlord put the apartment to sell weeks after I sign the lease, 2 month later he sold it. Can I move since the lease was not sign with the new owner and get my deposit back?

    Jed’s Answer

    The quick answer is no, you cannot just move because the unit sold. The quick answer is that the property can sell once or a hundred times, and the lease will survive. When a tenant rents a unit, the tenant has a full right to use that unit for the period of time as defined in the lease agreement. That said lease agreement can have a clause that terminates the lease when a contract to sell the apartment is made. You need to review you lease agreement to verify, but does not sound like that clause was included or exercised. You should review with an attorney.

    Once your lease expires, then you are entitled to get your deposit back from the new owner.

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  • What is both my wife and I do well on child custody psychological testing in Florida?

    What is both my wife and I do well on child custody psychological testing in Florida? What is more likely to happen if this is the case?

    Jed’s Answer

    You need to review this with a family law attorney. This is just one factor in determining custody. There are a number of other factors which the court could/will consider.

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  • Tenant signed letter letting her out of lease due to her smelling smoke from other side. Did not move by the date. Can I evict?

    I agreed to let her out of lease and I would refund 1/2 of Dec. rent to get rid of her. Full deposit return. She texted me on 12/27/12 and said she would move if I gave deposit back and half of Dec. rent. I agreed because I want her out. Could not...

    Jed’s Answer

    You should speak to an attorney. Many attorneys offer a free consultations, including my office, where we can fully evaluate the complaint, your situation and goals. It sounds like you may have reached agreement terminating the lease and she is now a holdover tenant. You can possibly seek to evict her and charge her double rent. This is a bit of a complicated situation.

    Good luck.

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  • Im evicting someone out of my house they want to leave before the evic tion date.dont they need the sheriff & i there

    she wants to take things she only put in the house on her expense.i also need to know when to change locks....she would tell me date of move

    Jed’s Answer

    No. If you have gone to court and been awarded possession of the premises, the Court will direct the Clerk to issue the Writ of Possession, and the sheriff to serve the same. The Sheriff is required to give the residential Tenant a minimum of 24 hours' notice, posted conspicuously on the premises, prior to removing the Tenant. The Sheriff is not required to remove the Tenant's property in order to give the Landlord possession. The Writ of Possession should list the Landlord's name and phone number as contact person for the Sheriff. The tenant can vacate at anytime.

    As stated by Mr. Rafter, you cannot self evict. You must go through the judicial process. You can face penalties for doing so.

    As for as the tenant removing items, you should inspect the property. If the tenant does not inform you that she has vacated the property, you should have the Sheriff post the notice for the tenant to vacate. Once the 24 hour period is over, you should be able to change the locks.

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  • Do I need to sign a personal promissory to my LLC partners for LLC debt they chose to put cash into the company for?

    My partners have taken money out of the LLC through an LLP where they have siphoned off cash from the LLC to pay excessive rent to themselves/LLP. I'm not part of the LLP but only the LLC. The LLC had little cash but owed debt. The other partner...

    Jed’s Answer

    You should not sign anything without speaking to an attorney. This is very complex issue and requires a thorough review of your agreements prior to giving you advice. 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 the landlord be held liable for the actions of an agent acting on their behalf?

    The landlord sent someone to my neighbor to collect the rent. He screamed and yelled profanity at them. We live in Florida.

    Jed’s Answer

    Yes. If the were acting as an agent of the landlord.

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  • Can I leave my deposit in lieu of notice if I have NO LEASE whatsoever, and the landlord changed terms of verbal agreement?

    I rented a room in a house by a private owner, with one bedroom, a private bathroom, and the use of a spare room for an office. There was no lease. I paid a month rent plus one month rent deposit. The woman lost her job and decided to rent the ex...

    Jed’s Answer

    Maybe.

    You had a verbal lease and not a written lease. As a month to month lease either party can void the lease with a 15 day notice prior to the end of the monthly period. By voiding the check you did not provide proper notice. Florida law requires that notices to and from a landlord must be in writing, and either be hand-delivered or mailed, even if the rental agreement is oral. You should always retain a copy of any correspondence to and from your landlord.

    If your land claims damages, then the security deposit may or may not cover the owed rent.

    A damage deposit is the most common requirement of landlords. Before signing a rental agreement, examine the premises and make note of any damaged items (e.g. broken fixtures) and if possible take a picture and include a date stamp. Give a copy to the landlord and keep a copy for your files. This may help eliminate or minimize disputes later.

    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 sent as required within the thirty (30) day period, the landlord forfeits his/her right to impose a claim upon the deposit.

    Section 83.49,3(b)(c), F.S.

    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 Consumer Services or institute an action in a court of competent jurisdiction to adjudicate the landlord’s right to the security deposit.

    Landlords in Florida are not limited to the amount they may charge for security deposits. Landlords do not have to place their tenants' deposits into separate interest-bearing accounts, but they must place them into separate accounts without commingling their personal accounts with their tenants' security deposits. When landlords place their tenants' security deposits into separate interest-bearing accounts, they must provide their tenants with written notification of how their funds were deposited within 30 days of collecting their deposits. Additionally, landlords must pay at least 5 percent interest or pay their tenants 75 percent of their accrued interest charges within 15 days of moving out if they do not deduct from their security deposits.

    Good luck. I hope this helped.

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