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Erik Martin Abrams

Erik Abrams’s Answers

30 total

  • I PUT A DEPOSIT ON A BEDROOM SET BUT THE PERSON WANTS TO RETURN MY DEPOSIT. AND KEEP THE SET. CAN HE DO THIS

    WHAT CAN BE DONE ABOUT THIS

    Erik’s Answer

    If you are receiving your full deposit back, it does not seem like there are any damages, and therefore may no be much you can do about this.

    This does not seem to be a landlord tenant matter, but may be a breach of contract issue if there was a contract signed.

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  • Can I be denied for an apt?

    I turn in an application for a apartment..i gave half of my deposit the rest has to be payd the day i move in ...the other day I went to the office and a different lady told me if I was gettingchildsupport and how come I did not disclose that in...

    Erik’s Answer

    Need more information to answer your question.

    1) Has your application already been denied?
    2) Why are you worried about showing too much income?
    3) Have you tried to speak to the manager to have your questions answered?

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  • Florida month to month tenant with no lease. Am I able to give 15 day notice to end lease, even though apt is asking for 60?

    Apartment is asking for 60 day notice to vacate property. I have no lease and Florida bar states I only need to give 15 days notice before vacating. Just looking for clarification before I confront them about this.

    Erik’s Answer

    My advice would be to review the lease to see if it addresses the required notice for terminating the lease. Without reviewing the lease it is hard to say if the 60 days requirement is valid or not. If the lease states there is a 60 day requirement, then it can be argued that you need to give the stated notice.

    However, if there is no written lease, the you may move out for no reason by giving written notice of your intent to leave no less than seven days before the next rent payment is due if the rent is paid weekly or 15 days if the rent is paid monthly.

    Should the Landlord not agree to your notice, you should contact a Real Estate attorney in your area to review your lease agreement and advice you of your rights.

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  • AC in my rental home is broken. Landlord is responsible but says he doesn't have the money to fix it. Can I withhold rent?

    AC maintenance and repair by landlord is in my lease. It does not get below 79 degrees until about 1 or 2am. It is unbearable! At least 4 AC people have come and agreed that the unit must be replaced. My electric bill is more than double what ...

    Erik’s Answer

    Before you withhold rent, you must give your landlord seven days written notice of the problem so the landlord can fix it. Even after withholding rent, you should save the money and seek court permission to spend part of it to do what the landlord should have done, which is replace the AC unit. If you do not save the money and seek court assistance, you may be evicted for nonpayment.

    You should seek advice from a real estate attorney to guide you through this process.

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  • CAN I WIN IN A EVICTION IF THE LANDLORD BARELY MAKES REPAIRS AND I CAN PROVE THE HOUSE HAS SERIOUS PROBLEMS ?

    I HAVE HAD SOME FINANCIAL ISSUES, BUT THE PROBLEMS IN THE HOUSE OUT WEIGH THAT. I HAVE ISSUES WITH PLUMBING BACKING UP-FLOODING WITH URINE/FECAL MATTER, A/C, BLACK MOLD, SWIMMING POOL NOT UP TO STANDARD, LOSS 50% OF PERSONAL PROPERTY/DOCUMENTS AND...

    Erik’s Answer

    In Florida, a tenant has certain rights and responsibilities under Florida law. These are specified in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act.
    Within the Landlord Tenant Act, it states that a landlord is required to rent a dwelling that is fit to be lived in. It must have working plumbing, hot water and heating, be structurally sound and have reasonable security, including working and locking doors and windows, and it must be free of pests. A landlord must also comply with local health, building, and safety codes. If a landlord has to make repairs to make the dwelling fit to live in, the landlord must pay.
    You the tenant have the right, under certain very aggravated circumstances caused by the landlord's neglect, to withhold rent. This can only be done when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes. Before rent is withheld, you must give the landlord seven days written notice of the problem so the landlord can fix it. Even after withholding rent, you should save the money and seek court permission to spend part of it to do what the landlord should have done. If you do not save the money and seek court assistance, you may be evicted for nonpayment and breach of the lease agreement.

    Therefore, if you did not give the landlord the proper notice, you may still be evicted. However, during the eviction proceeding, you may argue to the court the entire circumstance, and thus the court may be able to lower the amount of rent owed by you. However, this will not stop them from evicting you, it will simply lessen the amount you owe even though you will not be living in the unit anymore.

    You will want to consult a local attorney to advise you of your rights in this circumstance.

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  • What to do when my landlord won't return my security deposit?

    To make a long story short, I had a dispute with my landlord. They don't care about the law. They put us in a very dangerous situation. They received a 7 day letter to make repairs, didn't do it, and we moved out within 3 business days from the ti...

    Erik’s Answer

    Due to your financial situation, you may want to contact your local Legal Aide Department, they may be able to find an attorney willing to assist you free of cost. I would really look into Legal aide, because it seems you have a legit claim against your landlord. Given that your early termination was valid, the landlord is required to give back your deposit. If they plan on using your deposit, they are required to give you proper notice, regarding why they plan on using the deposit and for what. However, your landlord may not have been able to locate you for the purpose o this notice.

    As mentioned before, contacting legal aide may be your best bet to reach a resolution with your matter since you can not afford an attorney at the moment. Good Luck.

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  • Am I obligated to pay the rent that my mother owed when she died?

    My mother recently passed away owing this month's rent in the apartment she lived in. I am listed on the lease as living there, although I moved out in the fall of 2012, but did not co-sign the lease. I have been staying in the apartment over the ...

    Erik’s Answer

    • Selected as best answer

    Although your name is on the lease, since you did not sign the lease, you never entered into an agreement with the owner and therefore are not liable for any rent owed. However, although the owner may not be able to come after YOU personally for the rent owed, they may be able to make a claim on the estate of your recently deceased mother. You may want to contact a Probate/Will attorney to discuss this matter. We have one in our office if you are interested in speaking with him.

    Good luck and sorry for your loss.

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  • What are my rights as a tenant when the owners want to sell?

    The owners of our rented condo decided to put the property up for sale earlier this year, after I had already agreed to a month-to-month lease with the landlord managing the property. Since then I've had almost 20 individual showings here, for wh...

    Erik’s Answer

    My advice to you is to begin looking for another place to live. Given that you are on a month to month, it will be better to prepare to leave under your own terms instead of getting notice from the owner once they sell the property and being informed that you have 30 days to vacate the premise.

    I would have to review your lease agreement, but since you state you have agreed to allow the landlord to show the property, then that is exactly what the landlord is doing. However, you may have the right to require the landlord or the landlord's agent to accompany any showing inside the unit since you are not comfortable with strangers being in your apartment and having them leave the door unlocked. Nonetheless, it is best for you o begin looking for a new place to leave. This way, you can take your time and leave once you find a place instead of rushing to find a place once you are informed that you most leave by the owner.

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  • Collecting unpaid garbage collection fee from tenant

    I'm a landlord. The lease contract states the tenant pays all utilities (PGE, water, garbage). PGE and water bills go directly to the tenant, but my property manager pays garbage bills for me in order to avoid liens in case of tenant's delinquen...

    Erik’s Answer

    Given that this is agreed to in your lease, you should try to send an invoice to your tenants requesting they pay the previous months garbage fees. Should they not pay, then you may be able to deduct the fees out of the security deposit. When you send the invoice, I would attach the invoice you received from the Management. Further, I would request Management bill the tenant directly.

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  • Is the lease binding if you never heard back from the apartment manager/landlord?

    My friend (in another country) found an apartment in florida online. He applied he signed the lease and sent it to them through their online form (or email). He contacted them (emailed, called) trying to hear something back from them that everythi...

    Erik’s Answer

    I believe you will need an attorney to review the lease agreement in order to advise you (or your friend) of their legal rights in this situation. However, given the information above, it seems as though all the terms of the contract were never fully agreed upon. Although your friend signed the lease agreement, once the apartment complex requested for a double security deposit (given this was not already in the lease agreement) then this can be construed as the management giving a counter-offer. If the counter offer is not accepted, there is no contract.

    You (or your friend) may have an argument against the apartment complex, however I would advise you speak with a local attorney to review your rights.

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