Dennis Andrew Chen’s Answers

Dennis Andrew Chen

Orlando Landlord / Tenant Lawyer.

Contributor Level 17
  1. Renting and plaintiff in a foreclosure action

    Answered over 2 years ago.

    1. Dennis Andrew Chen
    2. Carol Lynne Zimmerly
    3. Rixon Charles Rafter III
    3 lawyer answers

    More information is needed. Various notices can start with the language you provided. If a lender foreclosed on the apartment community the lender may get an order from the court for rent to be paid to them. If a condo, the condo association could be demanding rent for unpaid condo dues. The apartment complex could be in bankruptcy . . . We need more information to properly answer your question.

    6 lawyers agreed with this answer

  2. Can mobile home park owner lie and say they gave me a 3 day notice and attach it to eviction notice and say it was left on door?

    Answered 3 months ago.

    1. Dennis Andrew Chen
    2. Mark Theodore Tischhauser
    2 lawyer answers

    1. If they did not provide a three day notice, you have to be able to convince a judge that you never received the notice. 2. Depending on the size of the mobile home park, you probably fall under the Florida Mobile Home Act and not the landlord tenant act. Under chapter 723, Fla Stat, you are supposed to get a five day notice delivered by certified mail, not a three day notice. 3. You may be able to argue that the historical acceptance of bi-monthly payments during the summer months may...

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

    Answered 11 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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  4. 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 almost 2 years 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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  5. 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 over 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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  6. 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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  7. Accident not at fault

    Answered 9 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...

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. 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 11 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.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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

    Answered over 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.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can I turn off utilities when lease ends?

    Answered almost 2 years 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.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

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

407-392-1872