Kristy Lynn Harrington’s Answers

Kristy Lynn Harrington

Orlando Bankruptcy Attorney.

Contributor Level 10
  1. What kind of lawsuit is it for a $6000.00 check that was given for a deposit, buying a home but did't complete/sign contract?

    Answered over 3 years ago.

    1. Kristy Lynn Harrington
    2. Erik Hammarlund
    3. Pamela Koslyn
    3 lawyer answers

    A lawsuit to recover your $6,000 would have to be brought in county court. I agree with the previous response that you need to hire an attorney who can help you pursue this person, if you want to continue trying. Keep in mind that even if you did sue him, you cannot be guaranteed he would pay you back pursuant to the judgment. Consulting with an attorney might help you gain some insight into whether it's worth your time to continue going after this money, or whether you want to cut your...

    Selected as best answer

  2. If I have a huge amount of outstanding debt (about $350,000) and I fail to pay anything back, can I be charged with grand theft?

    Answered over 3 years ago.

    1. Kristy Lynn Harrington
    2. Malcolm Wallace Ruthven
    3. Staci A Roccanova
    3 lawyer answers

    There are times when someone files for bankruptcy & a creditor will appear in the case & argue the person should not be discharged from the debt because they engaged in fraud or criminal activity at the time they incurred the debt (for example, falsifying a loan application). However, you have not provided any information that indicates that was an issue for you & in general you cannot be charged with grand theft simply because you fell behind on paying back a debt you legitimately incurred....

    Selected as best answer

  3. What should my next step of action be against previous LL for not returning SD and not following FL Statute

    Answered almost 4 years ago.

    1. Kristy Lynn Harrington
    2. Blaise E. Picchi
    2 lawyer answers

    You are correct that Landlords must comply with the provisions of FS 83.49(3)(a) regarding security deposits. And, per the last part of FS 83.49(3)(a), "If the landlord fails to give the required notice within the 30-day period [after the tenant vacates] he or she forfeits the right to impose a claim upon the security deposit." A landlord may retain a security deposit to cover damages the landlord incurred - but if your landlord & you agreed on a reduced rent amount, it does not "sound"...

    Selected as best answer

  4. Have a problem tenant with an almost live-in boyfriend. Can we evict her for this? Lease has her name only.

    Answered over 3 years ago.

    1. Kristy Lynn Harrington
    2. John Davis Hoffman
    2 lawyer answers

    You should review your Lease to see if it says anything about unauthorized guests. If so, you may be able to hold your tenant in a specific breach of the Lease. Otherwise, or additionally, you may be able to hold the tenant in violation of FL Statute 83.52(7), which mandates that a tenant must "conduct herself, & require other persons on the premises with her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the...

    Selected as best answer

  5. MY landlord served a 3 day notice because current months rent is only partially paid. The next day they changed the locks.

    Answered almost 4 years ago.

    1. Kristy Lynn Harrington
    1 lawyer answer

    There are a lot of issues involved with your question. But a short answer is that under FL Statute 83.67(2), your LL cannot change the locks on you or order someone not to let you in to your unit, so long as you remain the tenant. You would have to bring suit against the LL to enforce that right, but if you do so, you can seek attorney's fees & costs for your trouble (under FL landlord/tenant law the prevailing party is entitled to fees & costs). If your LL does indeed file an eviction...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. Can I file in Small Claims for the return of security deposit as well as improvements?

    Answered over 3 years ago.

    1. Kristy Lynn Harrington
    1 lawyer answer

    The security deposit issue is covered by FL Statute 83.49(3)(a); however, you don't provide enough info to know whether the landlord failed to comply with the statute. On the up side, whether or not the landlord failed to comply with the statute, you can bring a small claims action against the landlord if you disagree with the reasons they are keeping your deposit. If they failed to comply with FS 83.49(3)(a), you may be able to obtain a full return of your deposit. Assuming you...

    2 people marked this answer as helpful

  7. I am a tenant in a foreclosed house. The house has already been through the auction process and 90 day notice was given...

    Answered over 3 years ago.

    1. Kristy Lynn Harrington
    2. Charles Reiger Gallagher III
    3. Margery Ellen Golant
    3 lawyer answers

    It "should," but if you have found a 24-hour notice on your door, be prepared for the Sheriff to be back within 24 hours to remove you. You may want to contact the Orange County Sheriff's Office in the meantime & advise of the situation, to see if you can avoid having an officer return under the circumstances. If an officer does return, however, show them your 90-day notice & the foreclosure paperwork. The hope is that the officer will decline to remove you if there is a question about...

    2 people marked this answer as helpful

  8. I looked up on public records that there was a foreclosure filed in 2008 on a house im renting how do i no for sure?

    Answered over 3 years ago.

    1. Kristy Lynn Harrington
    2. Margery Ellen Golant
    2 lawyer answers

    Regardless of whether there is a pending foreclosure, you owe the current property owner rent pursuant to your Lease agreement. Unless your Lease stated otherwise, a tenant is not legally justified in refusing to pay rent just because the property owner is in foreclosure. Your failure to continue to pay rent could result in the owner evicting you & taking legal action against you to recover unpaid rent & legal fees/costs. You are certainly able to contact your landlord & ask about the...

    1 lawyer agreed with this answer

  9. Hi my name es Carlos Romero I and my wife file bankruptcy 2008 how affect us if have txes refund

    Answered almost 4 years ago.

    1. Kristy Lynn Harrington
    2. Alan James Brinkmeier
    3. Dorothy G Bunce
    3 lawyer answers

    I am not certain I completely understand your question, but I will try to give you a brief answer based on what I "think" you are asking. I "think" you believe you may get a tax refund from your 2010 tax return, & you want to know if your tax refund will be affected by the bankruptcy you filed in 2008. I "think" you may have been ordered to give all or a portion of your 2008 or 2009 tax refund to your bankruptcy trustee. I do not know anything about what occurred in your bankruptcy case or...

    Selected as best answer

  10. In a bankruptsy, can HOA dues be included?

    Answered over 3 years ago.

    1. Kristy Lynn Harrington
    1 lawyer answer

    Yes, unpaid HOA dues can be discharged in a Chapter 7 bankruptcy. HOWEVER, any dues that come due AFTER you have filed the bankruptcy but while you still own the property DO remain your responsibility. So, if you have $5,000 in unpaid dues on the date you file, that will be wiped out. But if the foreclosure isn't completed until 6 months after you file the bankruptcy, all dues that come due after the date of the bankruptcy filing will continue to be your responsibility. Once title to the...

    1 person marked this answer as helpful