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Sergio Cabanas
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Sergio Cabanas’s Answers

376 total


  • Can I serve them a 3 day notice & if they don't vacate can I call the police and have them removed.

    I have a tenant who signed a month to month rental agreement. The agreement states that if rent is not paid by the 5th of the month they would be issued a 3 day notice to vacate. The tenant gave me a 30 day verbal agreement on 1/27. I followed ...

    Sergio’s Answer

    With all due respect to you, the efforts being made here to terminate the tenancy is not being handled in the manner required by law, which means you will continue to lose time and money (and continue to be frustrated). You could proceed with an eviction through a proper 3-day notice or a notice of termination as suggested by another attorney. Whatever you decide to do, it must be done right, or risk losing more money and time. You should consult with an attorney to help through this process. The small investment in an attorney will more than pay for itself if you try to do this process on your own. That's the reason people hire attorneys!

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  • Can the landlord of evict me and my family from our home when all the rent is paid?

    I have a landlord who is trying to sue and evict me and my family from our current home. All of our rent is up to date, sometimes late, But, it is always paid. I have lived here for three years with no issues, no bounced checks or never had been...

    Sergio’s Answer

    To me, I would need more information to answer your question properly, but I'll make several assumptions to answer the question as best I can. It appears that Landlord filed an eviction based on your failure to pay rent within the time stated on the 3-day notice, despite the fact you continually had an agreement with the landlord to pay later in the month. Thereafter the landlord filed an eviction to which you filed a proper response and paid the rent into the court registry? If these are the facts (again with important assumptions), it would appear you have a possible defense, but it'll be complicated to establish. Generally, under the Florida law you are required to pay the rent within the time stated in a proper 3-day notice, and you failure to do so entitled the landlord to an eviction. However, there are many court decisions that suggest that where the "business practice" develops between the parties, the legal doctrines called "waiver" and "estoppel" come into play, where it must be established that the Landlord had willingly engaged in this practice throughout your tenancy (the longer the better). This is complicated because the defense entails (1) researching and providing the judge with the applicable law and (2) making proper arguments in addition to (3) proving the facts (i., the pattern). Given the complexity of such a defense, you should consult an attorney to help you through this process. If you prevail, you will be entitled to recovery of attorney's fees.

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  • Can I do motion to strike and vacate a judgment and quash stipulation agreement

    Landlord filed eviction because I withheld rent due to uninhabitable condition of premises A stipulation agreement was signed and the eviction was dismissed without prejudice However the landlord breached the agreement and I filed an affidavit of...

    Sergio’s Answer

    This question is difficult to answer without knowing the key facts (i.e., the issues that led to the stipulation and how it was allegedly breached) in addition to reviewing the agreement. This unfortunate situation will be in public records and if it's not fixed, it may affect your future application(s) for rent, employment or credit. You should consult an attorney, most of whom provide a free consultation.

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  • How do I stop a judgment and writ of execution

    Landlord evicted me and court set up mediation At mediation signed stipulation no money owed but have to leave by December 13th 2015 Tried to give landlord keys but he left town on December 2nd 2015 Stipulation specifically states keys to be put...

    Sergio’s Answer

    I agree you should have an attorney review this situation in order to avoid the problems that may ensure with the judgment. Most of us provide a free initial consultation.

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  • Can I obligate a tenant to pay for rent that was confirmed by texting versus a written lease with signatures in Florida?

    Tenant in Florida wants to terminate an extension on a condo rental lease and says because it was all confirmed via texting it isn't valid without a signed lease.

    Sergio’s Answer

    Possibly. As mentioned in the other responses, an attorney would have the see the actual communications by text to see if it's tantamount to an actual lease for a term of time, or month to month. Even if it's month to month, the lease must be terminated in the manner required by law, otherwise the tenant remains liable. As you can see, we not able to give you a clear-cut answer until we know the pertinent facts.

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  • If they leave for over 48 hours can I change the locks and claim desertion

    Roommate in residential home in FL behind in rent

    Sergio’s Answer

    I agree you must go through the eviction process, beginning with a proper 3-day notice. I would recommend you see an attorney because the procedure for evicting a roommate is a little more complex than the more common version. One mistake can doom your eviction. Good luck!

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  • How do I appeal a judgement

    I have a judgement against me from a debt collection agency midland and their lawyer in duvall county. where I reside.

    Sergio’s Answer

    To lawyers, this is akin to asking of forum of surgeons how to perform heart surgery. Unfortunately the appellate process is very complicated, and full of landmines. You should consult an attorney who can perform a proper evaluation of the case and review your options.

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  • How should I alert the Judge that he is refusing to follow the order

    My landlord is trying to evict me. I have been there one month but he found someone who will pay more for my unit so he is trying to evict me. I payed the court register what I owed in Nov. During mediation the landlord stated that he did not w...

    Sergio’s Answer

    I agree that you have to pay the money to the court registry. You should carefully follow the court's order. Moreover, it appears you may have valid defenses which is good news. Bad news is that Landlord-Tenant law i very complicated and unpredictable. You should consult with an attorney experienced in Landlord-Tenant matters asap.

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  • Can my landlord ask for late fees incurred before filing and dismissing an eviction?

    I'm a Florida resident and was a late a few months on rent (Paid every month, was just tardy). Landlord filed eviction proceedings the last month, I paid before the 3 day notice was filed. They self dismissed the eviction. Months (almost 6) later ...

    Sergio’s Answer

    I agree that your question has certain contradictory information, and we are assuming that the landlord probably served you with a proper 3-day notice, then filed the eviction and you paid the rent alleged in the complaint within the time you were suppose to file an answer with the court (i.e., within 5 business days). I also agree with the responses provided by my colleagues. You were looking for any possible defenses against the landlord's ability to claim late fees many months later. There is some statutory language that states that where rent is accepted by the landlord, "knowing of the non-compliance," there is a waiver of that noncompliance. Furthermore, there is case law that states that where the parties develop a pattern of conduct (such accepting rent late), then the landlord is deemed to have waived any right to late fees. These arguments are very sophisticated, and that's why I would recommend an attorney help you to negotiate a settlement, but it's better than falling on your sword.

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  • Is it legal in the state of Florida for property manager to take interior apartment pictures without permission of tenant?

    Property manager was in the apt with repair man and took several pictures of the apartment while there, none of which were pictures related to any repair issues. Tenant was not present but viewed the event in the security camera video. Pictures we...

    Sergio’s Answer

    Florida law generally allows a landlord and their agents access into a leased property with notice (and without notice under certain emergency situations). Given this right, the landlord is allowed to observe the interior of the premises from a casual walk-through. and take pictures.

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