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Dennis Andrew Chen
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Dennis Chen’s Answers

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  • 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?

    I own my mobile home but rent lot from park. We have an oral lease and for past six years in the summer when my husband gets laid off we pay late but always pay half each unemployment check. The park reads our water meters and charges us water. Fo...

    Dennis’s Answer

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    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 allow you to continue that payment manner without penalty. There is no guarantee that a judge will accept that argument but it is possible.

    You need an attorney experienced in mobile home eviction defense. There are some that will accept such cases on a contingency basis. Call or email attorneys for a free consultation. My answer above is general and I need to see the actual documents to provide an answer specific to your case.

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  • What does it mean by remedy the noncompliance in seven days..what should I do go to my leasing off and talk to them

    I received a notice from my leasing office to remedy the noncompliance in seven days

    Dennis’s Answer

    The notice should clearly state the nature of the non-compliance. You have seven days to correct the problem.When you have done so, send a written notice to the landlord that you have corrected the problem. If you don't believe that the problem described in the notice exists, send a written notice to the landlord informing them of that fact. Going to the leasing office to discuss a problem can often resolve the issue but you need to follow up with something in writing unless the office provides something in writing that you can rely on to prove that the problem was resolved in your meeting.

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  • Can case be reopened after the statute of limitations has expired in florida?

    My HELOC loan case was dismissed on 1/10/13 and then vacated on 5/10/14 more than a year after the initial order was written. It was without prejudice initially. Rule 1.540 I believe states they need good cause and have up to a year to re-file w...

    Dennis’s Answer

    These facts call for an experienced real estate litigation attorney to review the documents and determine your status.

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  • Hi. In May 2008 I paid property taxes of $4068 for an acquaintance. i was supposed to be repaid in full in a few weeks,.

    I was repaid about half. In Florida can I file in small claim, or put a lien on the property at this time . I have a copy of the check. Person owns various property, this is not her primary home. Since I made the loan, another name has been added...

    Dennis’s Answer

    When did the borrower make the last payment to you? If there is no written loan agreement, the statute of limitations is four years and it is possible that you are barred from taking action to collect the debt. If there is a written loan contract, the statute of limitations is five years.

    If the time frame is not a problem, you can file a lawsuit and after you have obtained judgment, recording a certified copy of the judgment in the county where the real estate is situated will create a lien on the property.

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  • Where can I find sample forms for Motion To Tax Costs.

    Recently won an eviction case which was Dismissed With Prejudice and I was curious if there were websites that I could find sample Motions so that I may have something to go by. Does this motion need to be accompanied with any other documents? I a...

    Dennis’s Answer

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    A motion to tax costs must be filed within 30 days of the dismissal. Rule 1.525, Fla. R. Civ. P.

    Do you have much in costs? You are entitled to taxable costs, like deposition expenses, witness fees, etc. You don't get to recover for your time and other inconvenience.

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  • Hypothetically what would happen if I took the mortgage note from the clerk of court while I was reviewing it?

    According to the law if you have physical possession of the note you are the owner/holder and even if you stole it you have the right to enforce it in Florida. So if I took my note like so many banks have and claimed ownership. What would happen a...

    Dennis’s Answer

    I don't think you will get advice on how to commit a crime. I suspect the crime would be a felony but I have not researched the issue.

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  • Do I have to pay to replace my landlord's fridge?

    I recently submitted my notice of leaving for my rental property. I moved completely out last month. But I still had to pay rent since my lease expired on 07/31/2014. My LandLord just sent me a bill stating that I will not get my deposit back b...

    Dennis’s Answer

    You must object in writing within fifteen days of the receipt of that letter. Respond as soon as possible and consult a landlord-tenant attorney ASAP.

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  • Can my landlord do this?

    I gave my notice and I paid my rent up until 07/31 until my lease ends. I packed and moved out everything at the end of June. But because my lease was up end of July I still had to pay rent. I went in the apartment today to find that my landlord...

    Dennis’s Answer

    I believe the landlord entered too early. If you moved out at the end of June and paid rent for July, the landlord should have waited at least 15 days before they entered and even then I don't think they have the right to make the repairs that they did. They have effectively retaken possession of the property and I believe you are entitled to the refund of a part of the monthly rent. I suggest that you wait to see if they claim any part of your security deposit and if they do, contact an attorney for assistance. There are attorneys that will handle this type of case on a contingency basis. In other words, the attorney gets paid if you win and the fees are paid by the landlord.

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  • Are all condo meetings open to all unit owners?

    If there is a personal meeting regarding issues (disciplinary) with a property management company employee and a more than 50% of the condo board members are in attendance. Does this create a quorum ? If so, would this had required a meeting no...

    Dennis’s Answer

    Not all meetings are open to the unit owners. For example, meetings with a lawyer regarding litigation is confidential.

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  • I purchased a property at an HOA foreclosure am I responsible for assessments due prior to the sale but after the judgement?

    The judgement for past HOA dues and attorney costs was entered 7 months prior my actual sale date. The property went to auction on 3 different occasions and all prior high bidders failed to finalize the sale by making a payment in full. The result...

    Dennis’s Answer

    See Fla. Stat. 720.3085(2) which provides that a parcel owner is jointly liable with the previous owner:
    (2)(a) A parcel owner, regardless of how his or her title to property has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments that come due while he or she is the parcel owner. The parcel owner’s liability for assessments may not be avoided by waiver or suspension of the use or enjoyment of any common area or by abandonment of the parcel upon which the assessments are made.
    (b) A parcel owner is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the present parcel owner may have to recover any amounts paid by the present owner from the previous owner. For the purposes of this paragraph, the term “previous owner” shall not include an association that acquires title to a delinquent property through foreclosure or by deed in lieu of foreclosure. The present parcel owner’s liability for unpaid assessments is limited to any unpaid assessments that accrued before the association acquired title to the delinquent property through foreclosure or by deed in lieu of foreclosure.

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