Erik Martin Abrams’s Answers

Erik Martin Abrams

Hollywood Landlord / Tenant Lawyer.

Contributor Level 7
  1. Can my landlord force me to move even though I have a lease?

    Answered about 1 month ago.

    1. Erik Martin Abrams
    2. Don Paul Harvey
    2 lawyer answers

    The first step you need to do is contact a real estate attorney immediately. From the information given it seems as though the landlord is in breach of contract and has broken the lease agreement. Further, it seems as though the Landlord is wrongfully evicting you and your family, and possibly has already constructively evicted you by allowing someone else to move into the premise you currently and legally occupy. Like I said before, you need to contact an attorney to advise you of your...

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  2. Can LL report me to credit bureaus for unpaid rent without a judgment?

    Answered about 1 month ago.

    1. Erik Martin Abrams
    2. Gregory L Abbott
    3. Felipe Esteban Batlle
    3 lawyer answers

    I agree with Gregory. Your landlord has the right to report your nonpayment of rent to the Credit Bureaus. If you stayed in the unit from May-June, you should pay the rent for May-June. The fact that you have a month to month lease does not matter. If you stay you pay. Simple as that. I understand that you would like you landlord to apply the security deposit towards your rent, however, you do not have the right to demand the landlord to do so. The security deposit is to be used for...

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

    Answered 28 days ago.

    1. Erik Martin Abrams
    2. Alexander Patrick Johnson
    3. Denise Martinez Scanziani
    3 lawyer answers

    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...

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  4. Are HOA liens on a property cumulative in Florida?

    Answered about 1 month ago.

    1. David Luther Woodward
    2. Erik Martin Abrams
    3. Barbara Billiot Stage
    3 lawyer answers

    If they are three separate liens, you may be correct in assuming you will have to be the total cumulative amount. However, you may want to contact the HOA to inquire as to the status of each lien. There may be a chance that the prior liens have been satisfied and the HOA failed to file a satisfaction of lien. In that case you may only have to pay for the liens which have not been paid off or settle. Further, there may be a chance to negotiate with the HOA should you have to pay all three....

    3 lawyers agreed with this answer

  5. 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?

    Answered 14 days ago.

    1. Erik Martin Abrams
    2. Edward J. Fucillo
    3. Mark Theodore Tischhauser
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

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  6. I got an eviction notice stating we need to be out on 9/20/12. I have paid my rental fees and the owner is not Hoa or Mort

    Answered about 2 years ago.

    1. Erik Martin Abrams
    2. Michele Anne Biecker
    3. Jonathan Klurfeld
    3 lawyer answers

    If I understand you correctly, you have been served an eviction notice due to your landlord's failure to pay the HOA fees and/or mortgage. Given this situation you should consult an attorney in your area immediately. That being said... If it is the HOA who is evicting you, try to contact them and request to begin paying rent to the HOA instead of your landlord. Condo associations have the power to demand rent from tenants when the unit owner is not paying HOA fees, assuming the association...

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

    Answered 9 days ago.

    1. Erik Martin Abrams
    2. Trent A Kennelly
    3. Daniel Joseph Shamy
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

  8. 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?

    Answered 21 days ago.

    1. Erik Martin Abrams
    2. Mark Theodore Tischhauser
    3. Juan Alfonso Fernandez-Barquin
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

  9. I need to know what are my rights for living in an apartment which managers are treating us badly?

    Answered about 1 month ago.

    1. Erik Martin Abrams
    2. Harley Herman
    2 lawyer answers

    Without reading your lease agreement it is difficult to say if requiring to pay a late fee charge in the form of a money order is permissible or not. However, the management does have the right to charge a late fee if you were actually late in making your payment. Whether they waive that charge is completely up to them, but they do have the right to charge the late fee if it is disclosed in your lease agreement. Now should you continue to you have issues with the management, you may want to...

    2 lawyers agreed with this answer

  10. Foreclose

    Answered over 1 year ago.

    1. Jeffrey Alan Klein
    2. Erik Martin Abrams
    3. Natalie F Guerra-Valdes
    3 lawyer answers

    There is not enough information to give a proper answer. 1) Has your house been sold? 2) was the case dismissed? 3) Do you still live in the home? 4) Have you recently received any notice or communication from the bank?

    2 lawyers agreed with this answer