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Dennis Andrew Chen
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Dennis Chen’s Answers

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  • Can our landlord keep our entire security deposit based on holdover penalty if we have permission to stay and pay in good faith?

    Residential lease expired on 5/31/2014. We have remained in the home with the mutual agreement of the parties (new lease signed, but never notarized or returned) and have paid base rent in good faith and on time. Recently gave more than 30 days'...

    Dennis’s Answer

    The landlord's claim for holdover rent will depend on the statute and the terms of the lease agreement. Generally speaking, the right to holdover rent is available if the tenant stays in the property without the landlord's permission and the landlord provided notice that they would be claiming holdover rent which can be twice the normal rent.

    It seems that you are not a holdover but I need more information.

    The Florida statute on holdover is sec 83.58, a link to the statute is included below.

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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

    • Selected as best answer

    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

    • Selected as best answer

    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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