Jed R Prest’s Answers

Jed R Prest

Orlando Construction / Development Lawyer.

Contributor Level 12
  1. My landlord served me with a 3 day notice of eviction and is harrassing me. What can I do about this?

    Answered almost 2 years ago.

    1. Jeffrey B. Lampert
    2. Jed R Prest
    3. Nicholas H. Felzen
    4. Rex Edward Russo
    4 lawyer answers

    You need to speak to an attorney to speak to an attorney. The landlord can never remove the tenant's property or lock the tenant out. Only the sheriff's office may do this after a Court Order and Writ of Possession. A landlord who does this can be ordered to pay a tenant damages in the amount of three months’ rent, or actual damages whichever is greater. You should review this matter with an attorney. Many attorneys offer a free consultations, including my office, where we can fully...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. My mother's a nursing home patient. We own investment property in FL JTWROS. Should she quit claim to me?

    Answered almost 2 years ago.

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

    You need to speak with an attorney regarding an estate plan. Medicaid looks at asset transfers over a period of several years. There are also penalties that your mother could face that could impact her care.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered almost 2 years ago.

    1. Margery Ellen Golant
    2. Barry Louis Miller
    3. Jed R Prest
    4. Brian David Arrighi
    4 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Jed R Prest
    2. Aaron James Irving
    3. Rixon Charles Rafter III
    3 lawyer answers

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

    2 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Jed R Prest
    2. Peter McHale Starling
    3. Carol Lynne Zimmerly
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Karen Tallent Munzer
    2. Marian Audrey Lindquist
    3. Jed R Prest
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered almost 2 years ago.

    1. Jed R Prest
    1 lawyer 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...

    2 lawyers agreed with this answer

  8. What to do about foreclosure and roach infested apt

    Answered almost 2 years ago.

    1. Jed R Prest
    2. Charles William Franklin
    3. Tiffany Nicole Romine
    3 lawyer answers

    You need to speak with an attorney. Unless this is single family home, then the landlord is required to spray for roaches. The roaches could be a constructive eviction. A “constructive eviction” arises in Florida when “an act, although not amounting to an actual eviction, is done with the express or implied intention, and has the effect of essentially interfering with the tenant’s beneficial enjoyment of the leased premises.” You can possibly void the lease and seek damages. The...

    2 lawyers agreed with this answer

  9. Can a Florida Landlord charge late fee on the last month rent if he has enough security deposit to cover last month rent.

    Answered almost 2 years ago.

    1. Jeffrey B. Lampert
    2. Jed R Prest
    3. Stephen Joseph Cipolla
    3 lawyer answers

    You need to speak with an local attorney. Unfortunately it sounds like you were in the wrong. The landlord is entitled to be paid per the lease and if late fees are included in the lease, then he is entitled to those as well. The security deposit may not cover all of those late fees. You should have discuss this with the landlord before unilaterally moving out.

    2 lawyers agreed with this answer

  10. Roof leaking for over 2 years and landlord has not fixed!

    Answered almost 2 years ago.

    1. Jed R Prest
    1 lawyer answer

    You probably can get out of the lease if the home is uninhabitable and the landlord is not making any necessary repairs. 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