Dennis Andrew Chen’s Answers

Dennis Andrew Chen

Orlando Landlord / Tenant Lawyer.

Contributor Level 17
  1. In Florida, Is the Time Limit 30 Days or 45 Days When Serving Discovery Requests Together With the Initial Complaint?

    Answered 9 months ago.

    1. Dennis Andrew Chen
    2. Eugene P. Castagliuolo
    3. Christian K. Lassen II
    3 lawyer answers

    If the other party is not represented by an attorney you will need authorization of the court before you can serve discovery requests. There are separate small claims rules that apply to a small claims action. I have included a link to the rules. Look at rule 7.020 to determine if you can serve discovery or if you need the court's permission. 7.020 (b) Discovery. Any party represented by an attorney is subject to discovery pursuant to Florida Rules of Civil Procedure 1.280–1.380 directed...

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  2. The home I live in now is going into foreclosure.Can the bank try to take my 2nd home, even if I still owe on it?

    Answered over 1 year ago.

    1. Dennis Andrew Chen
    2. Jacqueline Alicia Salcines
    3. Brian David Arrighi
    4. J. Garry Rooney
    4 lawyer answers

    You should move into the second home before there are any judgments against you. The equity in the second home may be protected if the home is made your homestead and that requires the home to be your primary residence. Talk to your bankruptcy attorney to determine if your personal liability on the first home was discharged as I think it should be. If your liability was discharged you do not have to worry about liability for any balance owed on the mortgage and your second home should be...

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  3. Our landlord sued to evict us after we gave him a 7 Day Notice for a list of problems. Can he get the money from the registry?

    Answered about 2 years ago.

    1. Dennis Andrew Chen
    2. Marshall C Deason Jr.
    2 lawyer answers

    In most cases the money stays in the registry until the hearing or trial but the landlord can petition the court to release the rent from the registry. As long as you are in the property the landlord is entitled to rent, the question is whether you are entitled to a credit or reduction in the rent for each month. If you don't have an attorney I suggest you retain one immediately so that you can properly prepare your case for trial.

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  4. Real estate

    Answered over 2 years ago.

    1. Dennis Andrew Chen
    2. Jeff Tomberg
    3. Carol Lynne Zimmerly
    3 lawyer answers

    Paying rent does not give you any ownership rights or a right to purchase the unit. You do not get any type of credit for your rent payments unless there was a purchase option or other contractual arrangement. A regular lease just gives you a place to live as long as you pay the rent.

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  5. Accident not at fault

    Answered 6 months ago.

    1. Dennis Andrew Chen
    2. Richard Todd Rosenstein
    3. Clifford M. Miller
    4. Christian K. Lassen II
    5. Collin J. Earl
    6. ···
    6 lawyer answers

    If you have bodily injury liability insurance you can turn it over to your insurance company, but you state that you have the minimum insurance. I assume then that you do not have bodily injury coverage, just PIP & PD liability. Geico has to prove that you were negligent in the collision and they will be going after both you and the vehicle owner. Florida follows the dangerous instrumentality doctrine which makes the owner of the car responsible for injuries resulting from its use. You need...

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  6. I am being summoned by my HOA lawyer in the amount of $6,392.94. I don't have the money to pay. What should I do?

    Answered 8 months ago.

    1. Dennis Andrew Chen
    2. William Joseph Kopp Jr.
    3. Shaye Larkin
    4. Barbara Billiot Stage
    5. Christine B. Adams
    5 lawyer answers

    Get an attorney ASAP. If you don't make arrangements to pay the outstanding amount the HOA will foreclose and sell your home. Although your personal liability for the debts prior to filing your BK petition is discharged, the home is still subject to the HOA fees and can still be foreclosed on. Also, the HOA dues that are discharged are those through the date of filing your bankruptcy petition, not the date of discharge.

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  7. My parents rented a house to a tenant for 3 years. House is destroyed.

    Answered about 1 year ago.

    1. William Charles Rosenfelt
    2. Dennis Andrew Chen
    3. Carol Lynne Zimmerly
    3 lawyer answers

    You can take legal action but the likelihood of recovery is probably slim. Are the former tenants employed? Do they own any significant assets, boats, motorcycles, etc. Before paying an attorney for the lawsuit, sit down with the attorney to discuss the likelihood of recovering the money after you win the lawsuit. Quite often the lawsuit in this type of case results in a judgment that is never paid.

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  8. Can I turn off utilities when lease ends?

    Answered over 1 year ago.

    1. Dennis Andrew Chen
    2. George Costas Andriotis
    2 lawyer answers

    As the landlord, if you interrupt utility service the tenant can sue you for prohibited self help eviction and you will owe three months rent plus attorney fees and costs.

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  9. Judge in florida has ordered a dismissile on an eviction case under Defective 3 day notice because the notice did not have a

    Answered over 2 years ago.

    1. Dennis Andrew Chen
    2. Marshall C Deason Jr.
    3. Carol Lynne Zimmerly
    3 lawyer answers

    It does not sound like the judge did anything wrong. If you use a PO Box for the address in a Three Day Notice you have to provide an additional five day period for mailing the payment. Your case has been dismissed. You need to serve a proper three day notice and file a new eviction. If you only allow cash in person payments, then you must provide a physical address where the tenant can deliver payment. You cannot use a PO Box if you will only accept cash.

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  10. FL condo homeowner association law, homeowner's rights, unpaid assessments

    Answered about 6 years ago.

    1. Margery Ellen Golant
    2. Kevin Luis Deeb
    3. Dennis Andrew Chen
    3 lawyer answers

    If the mortgage foreclosure sale has not occurred, then the lender does not own the unit. They are not responsible for the condo dues. When the property is sold at foreclosure sale and if the lender becomes the owner, then the lender will have to pay the outstanding condo dues. The Condo association can then sue the lender for the outstanding amount or foreclose on the property.

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Dennis Chen is prepared to assist you. Call him today.

407-392-1872