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Dennis Andrew Chen
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Dennis Chen’s Answers

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  • Is an E-MAIL from a tenant, informing me he will vacate my rental early, valid/legal? Will I still need to send non-renewal?

    Tenant will be vacating a month earlier than lease end - fine with me and I will not hold to terms of lease, as to penalties, etc, as I consider this a blessing. Want to protect myself and make sure all is legal. Thanks

    Dennis’s Answer

    It is a good idea to follow up with a formal letter acknowledging the tenant's termination letter. If there is a security deposit, you still have to comply with the security deposit claim procedure under Fla Stat 83.49. I included the link below.

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  • Help. Is there anything I can do ?

    My work truck is in the body shop due to an accident, I hit road debris at night. My insurance company is paying for the repairs. The body shop failed to get approval from my insurance company for additional damage they found and repaired it witho...

    Dennis’s Answer

    Consult an attorney to consider your rights under the Florida Motor Vehicle Repair Act. Did you sign a written estimate and approve the additional work? You may be entitled to the return of your money.

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  • Can I take a WINDHAVEN insurance company or person who is insured by them to small claims court from car accident?

    I was in a car accident May 4th. I was not a fault in the accident. My car insurance only covers medical bills up to $10,000 - The other car insurance company does not have bodily injury on their policy, and I was told by my Lawyer that my case is...

    Dennis’s Answer

    You can sue the vehicle owner or driver for your injuries. If you obtain a judgment against them, you then have to figure out to collect from them. If they do not have any assets, you are unlikely to collect, and if the judgment is large, they will probably file bankruptcy.

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  • Can my landlord disconnect my air conditioning unit on the outside of the house because I am late paying rent?

    I am a half a month late paying my rent and I went home today in my AC wasn't working. My landlord called me asked me when I was going to make my other half of payment and when I told him at the end of next week he said he'll come over and put the...

    Dennis’s Answer

    The answer to your question is generally no. If you have a written lease you should have an attorney review the lease for you and give you advice specific to your situation.

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  • What are the legal requirements for a stove/oven in an apartment? In mine only one of four burners work and the oven only works

    I live in pine hills Florida and I have called them out several times and they say they won't do anything about it. I can't even cook any of my food properly. There are four burners only one works the other three smoke and put a toxic smell in the...

    Dennis’s Answer

    Have an attorney review your lease and help you determine your rights.

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  • If I was served for a small claims suit but filed bankruptcy after. Do I have to appear in court?

    I am being sued for $5000 shortly after being served I filed for bankruptcy chapter 7.

    Dennis’s Answer

    Call the lawyers that filed the lawsuit and tell them that you filed chapter 7. Give them the bankruptcy case number and they should stop pursuing the case. You should also call the small claims court and tell them that you filed chapter 7, give them your bankruptcy case number so that they can cancel the hearing. They may request something in writing.

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  • How to get deposit back

    Hi, I left my rented appartment at Design place miami on 4/26/14 The deposit is 1350$ After 5 weeks the refund check came as 650$ while the refund letter say the refund is 750$ with 550$ deduction for stained carpet and mini blind damage. I r...

    Dennis’s Answer

    You have only fifteen days after receiving the claim letter to object to the security deposit claim. If the security deposit claim letter was sent after 5/26/14, you may have a claim for the return of the entire security deposit. Speak with an experienced landlord-tenant attorney and have them review the letter you received from the landlord.

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  • Is ejection proceeding required for trespassers who moved into my vacation condo in Hollywood, FL?

    3 days ago I was informed by condo security that somebody was living in my apartment for several days. I requested security to call police and kick the trespassers out. When police arrived the trespassers stated that they had a lease for a year. E...

    Dennis’s Answer

    You should seek out an attorney to file an unlawful detainer action, not an eviction. If the attorney you consult does not know the difference, find one that does.

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  • I came home to a 24 hour notice to vacate on my door, I believe the landlord posted it how long do I actually have?

    The landlord posted a 3 day notice on 4-30, then went to court on 5-2 to file eviction papers and provided the court a 5 day notice dated 4-24 but we never received that. We paid the rent on 5-5 the same day the sheriff came out, yet the landlord ...

    Dennis’s Answer

    If you have paid all of the rent that is owed, you should file a motion for emergency stay of writ of possession and submit copies of the payment receipts, stubs, checks, etc, and deliver all of the documents to the clerk of court Monday morning to try to avoid eviction. They should be able to get an answer to you quickly, because a motion for emergency stay normally gets hand delivered to the judge for review. If the stay is granted, find an attorney asap to represent you at the hearing that the judge will set.

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  • What is process to disinherit

    My brother and I found a buyer for my deceased parents house. We went through probate ok. The Title company found 2 huge judgements against my brother. The Title company says we can't close. My brother contacted his lawyer and told him he can disi...

    Dennis’s Answer

    If probate is over and title is now in you and your brother's name, I think your brother has a problem. Have a real estate attorney review the title and probate process along with the judgments to determine if they are valid liens on real property. Only your brother's half interest should be encumbered by the judgments.

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