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S. David Cooper

S. Cooper’s Answers

544 total


  • I am a Realtor who worked for a brokerage and signed a ICA 5 years ago. Within that time my brokerage was hired by a builder &

    I worked in their sales team as well & signed a separate commission agreement. I left this team months ago because of unfair practices & didn't want to ruin my RE career being associated with them but continued to work at this Office until recent...

    S.’s Answer

    It is unclear what you are calling the "separate agreement". Are you meaning to say a "separation agreement"? Are you saying that at some time after signing the ICA you then signed a different agreement? In any event, if you signed new agreement after the ICA and in the new agreement you said that you would forfeit any commission earned, then it is likely that you have waived your right to receive the commission. A full review of both contracts would be necessary for a 100% reliable answer, but in general, the later-signed contract will trump a conflict in a previously-signed contract.

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  • Eviction Cancel

    My landlord filled a Removal Tenant because he said I didn't pay the rent. I dropped the check in his mailbox , but he never check the mailbox, now he found the check and he want to cancel the Removal of Tenant because it was his fall. What is it ...

    S.’s Answer

    Unfortunately, I do not believe there is any way to remove the public record. Once it is filed, it is filed. However, your landlord will Voluntarily Dismiss the eviction law suit, and the public record will also show that. If you think the filing will be an issue with an employer or a future landlord, I advise telling them what happened in advance, so they know the story if they see the eviction in a public records search.

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  • Parking not mentioned in lease

    I have lived at my apartment complex for a year now and there has always been parking. I was given a parking pass to this effect. However, some nights there is no parking available and I have to park in front of the dumpster or on the grass - this...

    S.’s Answer

    No. If you want to have guaranteed parking, you need to have it put into the lease. A "renewal" of a lease is really a misnomer. You are signing a new lease, which may or may not be under the same terms as the previous lease.

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  • I rent an efficiency in Miami, my landlord is evicting me because she doesn't like my bf. is that legal?

    I been living there for a year and 3months. Never once was I late with rent. No damage to the property. My boyfriend looks different so neighbors have been complaining of everything, (he had no shirt on at 7am, he was parked at the corner with mus...

    S.’s Answer

    Unfortunately, it is not possible to answer your questions from the facts you have given. In any landlord / tenant situation, the relationship is governed by both the statutes (Ch. 83) and the lease. Without knowing the details of your lease, we cannot say for sure whether she is acting legally or illegally. Generally, if you are on a month-to-month lease, she must give you notice of terminating the lease at least 15 days before the end of the rental period. So...if you pay rent on the first of the month each month, she has to tell you by the middle of the month that you have to be out at the end of the month. Your term of lease is for the whole month. If you move out early, that is your choice. You do not get a refund. Regarding your BF, if he is not on the lease, and if your lease restricts how many times a guest may visit, she might be able to consider his visits a default of the lease and terminate the lease. However, it is not likely that she can deduct money each time he is on the property. There is no statute that allows that, and I have never seen it in a lease. If you feel that your rights are being violated, contact an experienced landlord / tenant attorney. Advice for ever tenant leaving the property is as follows. Do the walk-through with the landlord after you have moved your items out and cleaned the property. Take photos and video of the walk-through, especially of anything that the landlord points out as being damaged. Make sure she has your new address. If she is going to make a claim on your security, she has to send you a notice to your new address. If she fails to do so, she cannot withhold any amount from your security deposit -- she must return it all.

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  • How long in the State of Florida do you have to hold personal items a person left in your house when they moved out voluntarily?

    A friend of mine spent last Sunday night somewhere else, came in Monday grabbed some clothes from the room she was renting. Sent me a text on Friday stating she was moving out and would be by that day to remove her clothes. She also stated via tex...

    S.’s Answer

    There is obviously much more going on here than you have disclosed, as normal people do not move out suddenly and then block all contact for no reason. In less than a week, you have already had her bed removed and packed up her belongings. That is just asking for trouble. You need to review the statutes regarding personal property left at a dwelling (Ch. 715). If you need assistance, contact an experienced real estate attorney immediately.

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  • My daughter is visiting me for her summer college break 1-2 mos and my CAM says I have pay $50 for her to park her car.

    The car rule as written verbatim: "Only one vehicle per unit is allowed to park on Condominium property. If a person has more than 1 vehicle than he or she may apply to the board to lease an extra parking spot for $50 per month. Failure to timely ...

    S.’s Answer

    It is impossible to give a definitive answer without a full review of all the governing documents to see if any other provisions conflict with or shed light on this provision. The restriction is quite clear, however, "only one vehicle per unit." There may be a guest parking area, but "guests" do not stay for 2 months. I would side with the Assn on this one. In any event, in addition to towing the vehicle, it is possible that the Assn can fine you $100/day up to $1000 per occurrence (or more if the Gov Docs allow) and suspend your rights to use the amenities for failing to comply. You would be forced to fight them in Court just for the POSSIBILITY of being right. It will likely cost much much more in dollars and inconvenience to have to fight it. My advice is to pay the $50 or arrange for your daughter to park somewhere off the condominium property.

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  • My friend is at a Treatment Center for Alcohol in NJ (insurance pays better out of State). His landlord is evicting him.

    My friend was almost at the brink of death due to his alcohol consumption. I convinced him to go get help and he did so. First to Detox at the Ambrosia Center in Okeechobee FL and then he had to be transferred to a NJ treatment center for a 30 day...

    S.’s Answer

    He can pay the rent he owes. His personal situation is irrelevant. Look at it from the landlord's point of view. He does not run a charity. He runs a business. His business is to make money by leasing his property to others. He likely has expenses, including possibly a mortgage, HOA fees, etc. The landlord is entitled to receive money if your friend is going to occupy the property and prevent the landlord from leasing it to someone else. One of the disadvantages of renting instead of owning is that you are at the mercy of the landlord. If the landlord does not want to accommodate your friend's failure to pay rent, the law will not force him to do so.

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  • Landlord obligations towards tenants with separate leases in the same apartment?

    If a landlord lord doesn't enforce the lease/law of a roommate who has a separate lease after written complaints of clear violations, does that violate my lease and/or rights as a tenant? I notified the office many times previously. They have r...

    S.’s Answer

    FYI...In many places (if not most), these types of arrangements are illegal. You might want to check your local city/county ordinances and the governing documents of any community association that may govern the property to see if you have any rights at all. The landlord can only grant rights that he/she/it legally possesses.

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  • My landlord died and was in probate now it's for sale?

    My landlord died a few months ago I have been paying the maintance guy but never saw legal proof I was to pay him now I found out the dead landlords daughter is selling the house? Who do I pay rent to and do I get the rent I paid him back since it...

    S.’s Answer

    First, yes, you are required to let the new owners into the property. You are a tenant. You are not the owner. You might require proof from the Court that they are the owners (a deed or a court order) if you do not know who the people are. Keep in mind, their father just died, so if you want to require proof, do it tactfully. Now...regarding the money you paid to the maintenance guy...why on EARTH did you do that!? Were you ever instructed by the executor of the estate to pay rent to the maintenance guy? The death of the landlord does not stop your obligation to pay rent. You are renting the property...you pay. That is the law. You do not get that money back. In fact, if the maintenance guy pocketed the money and did not pay the rightful owner of the property, you may be on the hook to pay it again! The new owners took the property subject to your lease. If they sell the property, the buyer will take the property subject to your lease. Therefore, the only way they can force you to move is to terminate your lease. We would have to review your lease to determine how the landlord can legally do so. Maybe they have given you proper notice. Maybe they have not. There is no way to tell without reviewing the lease.

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  • My girlfriend and I had a condo. It was in her name. She was on my checking account and all mortgage pmts and any additional

    Money was paid out of my account. She sold the condo and kept all the proceeds. Can I get any of my money back

    S.’s Answer

    So...essentially, what you are saying is that you bought your girlfriend a condo. She sold it and kept the proceeds. On the surface, it would seem that you got ... uhm...the short end of the stick. However, you may have a claim for part of the proceeds. of the sale if you can prove that this was not a "gift" on your part. That is, do you have any written records of your agreement that it will "really" belong to both of you even though her name is on the deed? Emails? Texts? What was the reason the condo was put in her name but the mortgage solely in your name? Were you trying to hide the asset from someone? If you are going to rely on an "equity" argument (i.e., what is fair), then you are going to have to show that you are being treated unfairly. Any sneaky things you may have been doing with this property are not going to help you look innocent in front of the court. You need to fully discuss this with a competent real estate attorney who understands a pleading in equity.

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